LEGAL NOTICE OF USE OF TERRA BLOG SERVICE

1. GENERAL CONDITIONS AND YOUR ACCEPTANCE

These general conditions (hereinafter referred to as the "General Conditions") regulate the use of the TERRA BLOG service (hereinafter referred to as the "Service") that Terra Networks Operations, Inc., d/b/a Terra Networks USA (hereinafter referred to as "Terra") freely makes available to Internet users via the website www.terra.com (hereinafter referred to as the "Website").
Use of the Service gives one the condition of Service user (hereinafter referred to as the "User") and expresses one's acceptance of the General Conditions given in the version published by TERRA at the time in which the User accesses the Service. As a consequence, the User must carefully read the Legal Notice on each occasion in which he/she proposes to use the Service.
Use of the Service is equally subject to all notices, use regulations and instructions of which the User is made aware by TERRA, as well as the Legal Notice of Use of the Website, and these complement that indicated in this Legal Notice provided there is no contradictory point.

2. PURPOSE

The present Legal Notice regulates provision of the Service by TERRA and use of the Service by the Users.
TERRA reserves the right to unilaterally modify, at any time and without prior warning, the presentation, configuration and content of the Service, as well as the required conditions to use the Service.

3. THE SERVICE

3.1 Definitions


3.2. Creation of Blogs

3.2.1. Via the Service, Users may create their own Blog by choosing its appearance, creating the profile with the information they consider appropriate and administering the comments made thereby, all within the terms of these legal conditions. For this purpose, it will be necessary for the user to be registered with TERRA http://www.terra.com/SGUP/form_registro.htm His/Her Blog will be stored on TERRA's servers. Users may access the Service via the URL: http://blog.terra.com

3.2.2. After creating the Blog, TERRA will make the following functions available to the Blog Author: (a) Types of permissions to make comments on Blog postings: The Author may decide to attribute, to each posting made by him/herself on his/her Blog, the characteristic of that comment as: (i) "Any visitor": the specific Blog posting may remain freely available to receive comments from any Internet user; (ii) "No user": nobody may insert comments on a posting; only the Blog author may do this;

(b) Advanced Blog search list: the Author may decide whether or not to appear on Blog search results published on the home page;

(c) Posting of images and text: Authors may publish images in tif, bmp, jpg, png and gif formats as well as text on Blog;

(d) Other functions: the Author may define the language and time zone of his/her Blog, the title and description of the Blog, the profile of the author and may also modify the properties of his/her Blog. The Author may also insert or exclude images and comments.

The service has functions as mentioned in the previous point for Blog creators or authors. These functions are available from the same Web application. Below is a table summarizing the functions available from the Terra Blog Service.

Blog per user  1
Publication of images and comments per day (Postings)  50 postings
Publication of comments per day per Blog  100 comments
Space (in Bytes) that the user has per Blog to upload messages (images)  10,000 bytes
Expiry of Photos  No Expiry
Modify / Replace published postings (only the user to whom the Blog belongs)  Yes
Publicity on Blog by TERRA  Yes
3.2.3. The Blog Author may delete photos so as not to exceed the permitted limit.
3.2.4. The Blog Author authorizes Terra to publish his/her Blog on channels where the Blog service is announced or promoted and also gives similar authorization for the photos published on the Blog with no limitation.

3.2.5. Blogs that remain inactive for more than 60 days may be deleted by TERRA without the need for any prior communication.

3.3. Visiting Blogs
3.3.1. Via the Service, Users may visit Blogs that have been created by other users, provided that the Blog author has decided to make the Blog available to visitors, both for that particular user and for the general public. In order to visit Blogs, it is not necessary to log on using an account and password. In other words, it is not a requirement to be a registered user of TERRA.

3.3.2. When entering the Terra Blog Service, the Blog user or visitor may access the following functions: (a) Blog Search, (b) Display of Blogs that are accessible and found on Search results or on listings of Highlighted Blogs or New Blogs, (c) Possibility to comment on Blogs, (d) Possibility to see the profile of the Blog author, (e) Report abuse: To report bad behavior or inappropriate conduct on any existing Blog to the site administrator.

4. CONDITIONS OF ACCESS AND USE OF THE SERVICE

4.1. Free Nature of the Service

The provision of the Service by TERRA is free.

4.2. Conditions of membership to the Service

The user must register with TERRA by correctly completing and sending the Registration Form found on the URL: http://www.terra.com/SGUP/form_registro.htm in order to be able to create a blog and publish postings and images thereon.

4.3. Conditions of operating capacity of the Service
It is not necessary for the User to be registered as a TERRA user in order to access, read and navigate the blogs of other users of the Service.

4.4. Use of the Service

The User agrees to use the Service in accordance with the Law, this Legal Notice and the Code of Conduct for Community Services and also agrees to use this Service in a correct and diligent manner.

The User particularly agrees, in a non-exhaustive manner, to abstain from using the Service to obtain, execute, publish, transmit or make available to third parties, any information, content and services that, in any form, are illegal, that contravene copyrights, industrial property rights or rights of any other nature belonging to third parties, that include violent or pornographic materials, that may misguide users regarding its purpose or regarding the intentions or purposes of the informant, that incorporate viruses or other physical or electronic elements that due to their nature or characteristics (such as their format, size, etc.) could damage, hinder or obstruct normal use of the Service, computer equipment (hardware and software) of other Users or other Internet users as well as documents, files and any kind of content stored on their computer equipment.
You agree that TERRA does not screen the content of postings and/or comments published on the Service but that the Service may be monitored and that TERRA has the right, but not the obligation, to reject or remove any content that is made available via the Service. Without limitation of the above, TERRA will have the right to remove any Content that is in violation of these service conditions or the Legal Notice of Use of the Website: http://www.terra.com/info/copy.htm and the Code of Conduct for Community Services.
You accept and agree that TERRA may retain and reveal the content of postings and/or comments loaded onto the Service as well as information regarding the author thereof if required to do so by law or if it believes, in good faith, that such retention or revelation is absolutely necessary to: (a) comply with proceedings of any legal authority; (b) respond to complaints that any content is in violation of the rights of third parties; or (c) protect the rights, property or personal safety of TERRA, its users and the public.

5. USE OF DATA COLLECTION TECHNOLOGY

TERRA warns the User that it uses data collection technology in order to adapt the Service to the preferences of its Users, to develop new services related to the Service and to offer Users the products and services that best suit their preferences. TERRA will, under no circumstances, use data collection technology to recover information stored on the User's own computer equipment (except that provided by TERRA's "cookies" that have already been installed).

6. USE OF THE SERVICE UNDER THE USER'S EXCLUSIVE LIABILITY

The User is aware and voluntarily agrees that use of the Service may only occur, in all cases, under his/her unique and exclusive liability.

7. EXCLUSION OF GUARANTEES AND LIABILITY

7.1. Exclusion of guarantees and liability due to the functioning of the Service
TERRA does not guarantee availability and continuity of the functioning of the Service. Whenever reasonably possible, TERRA will provide prior warning of intended interruptions to the functioning of the Service. TERRA also does not guarantee the usefulness of the Service for any activity in particular, or its infallibility and, in particular, although not exclusively, does not guarantee that Users may effectively access the different Web pages that make up the Service or that via the Service information, data or content may be published or made available to third parties or that information, data or content published or made available to third parties may be accessed.
TERRA IS HELD HARMLESS FOR DAMAGES OF ALL NATURES THAT MAY BE DUE TO A LACK OF AVAILABILITY OR CONTINUITY OF THE FUNCTIONING OF THE SERVICE, TO THE DEFRAUDED USEFULNESS THAT USERS MAY HAVE ATTRIBUTED TO THE SERVICE AND TO FAILURES IN THE SERVICE AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO FAILED ACCESS TO THE DIFFERENT WEB PAGES OF THE SERVICE, AS WELL AS TO FAILED DIFFUSION, AVAILABILITY OR ACCESS TO INFORMATION, DATA OR CONTENT.

7.2. Exclusion of guarantees and liability for use of the Service by Users
TERRA is under no obligation to control and therefore does not control the use that Users make of the Service. In particular, TERRA does not guarantee that Users use the Service in accordance with this Legal Notice or that they do so in a diligent and prudent manner. TERRA is also under no obligation to verify and therefore does not verify the identity of Users or the veracity, validity, exhaustiveness and/or authenticity of the data that Users provide about themselves to other Users.
TERRA IS HELD HARMLESS FOR DAMAGES OF ALL NATURES THAT MAY BE DUE TO USE OF THE SERVICE BY USERS OR THAT MAY BE DUE TO THE LACK OF VERACITY, VALIDITY, EXHAUSTIVENESS AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES OF ALL NATURES THAT MAY BE DUE TO THE IMPERSONATION OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE VIA THE SERVICE.

8. NO LICENSE

TERRA authorizes the User to use copyrights and industrial property rights related to the software application installed on TERRA's server that executes the different provisions that make up the Service for the sole purpose of using them as established in these General Conditions. TERRA does not grant any other license or authorization of use of any kind regarding its copyrights and industrial property rights or regarding any other property or right related to the Service.

9. PROCEDURE IN CASE OF VIOLATION OF COPYRIGHTS AND INDUSTRIAL PROPERTY RIGHTS

In the event that a User or third party considers that any message content has been included on the Blog in violation of his/her copyrights or industrial property rights (patents, industrial models and drawings, brands and commercial names, etc.), he/she should send notification to TERRA stating the following points:

(a) personal information: name, address, telephone number and e-mail address of the person making the claim;

(b) authentic signature or its equivalent, with personal information for the holder of the copyrights or industrial property rights that have been supposedly violated or for the person authorized to act on behalf of the holder of the copyrights or industrial property rights that have been supposedly violated;

(c) precise and complete indication of the content of the messages protected by the copyrights or industrial property rights that have been supposedly violated as well as their location;

(d) express and clear statement that the content in the indicated messages has been used without the consent of the holder of the copyrights or industrial property rights that have been supposedly violated;

(e) express and clear statement under the liability of the person making the claim that the information provided in the notification is correct and that use of the content in the indicated messages represents a violation of his/her copyrights or industrial property rights.

These notifications should be sent to:

Registered Copyright Agent
Attention: General Counsel
Terra Networks USA
95 Merrick Way, Suite 706
Coral Gables, FL 33134
Tel. (786) 552-1400
Fax. (786) 552-1443
copyright@terra.com


10. REFUSAL OF THE RIGHT TO USE THE SERVICE

TERRA reserves the right to refuse or withdraw access to the Service, at any time and without the need for prior warning, to those Users who do not comply with these General Conditions. Terra may cancel the account, without the need for prior communication, of any User that is using the Service in an incorrect or illegal manner. Incorrect or illegal is understood to be any attitude that goes against these General Conditions or against the law, morals or public order.

11. MODIFICATION OF THE GENERAL CONDITIONS

TERRA reserves the right to modify, in part or in full, the present General Conditions at any time.

12. DURATION AND TERMINATION

Provision of the Service has, in principle, an indefinite duration. TERRA, however, is authorized to terminate or suspend provision of the Service. Whenever reasonably possible, TERRA will issue a prior warning regarding the termination or suspension of the Service.