On one hand, the Management Company Internet Services SL., Residing in Valencian Parliament Square No. 14 in 46960 Aldaia (Valencia) and CIF B-97491369 (hereinafter DOMIHOST), registered in the Register of Valencia, Volume Book Company 7923, Folio 151 V99489 Sheet General Sec.
Furthermore, the contractor, person or entity completing the contract form, which appears in https://seguro.domihost.es/hspc/sign_in.php, with the data required and which DOMIHOST.SL establishes a business through this contract.
The contractor knows, understands and freely accepts, following reports of the characteristics of each service, this contract.
Both parties, DOMIHOST.S.L. and client, are interested in executing this contract accepting the terms and conditions set forth in the following.
CLAUSES
ONE: Purpose: The purpose of this contract is discharged as a user of services by the company DOMIHOST, and regulates the commitments observed by both parties.
SECOND: Protection of personal data: In compliance with Law 15/1999 of December 13 on Protection of Personal Data (Act), DOMIHOST states have adopted the necessary technical and organizational measures demanded by the same .
The personal data collected in DOMIHOST website http://www.domihost.es/ and especially, customer data entered during the recruitment process are automatically processed and incorporated into the corresponding files called "commercial" and "hosting", duly registered with the Spanish Agency for Data Protection.
In cases where the contract is not made on-line by the customer, DOMIHOST only retain personal information provided by it, for the time necessary to confirm such employment.
The collection and processing of personal data is aimed at maintaining the contractual relationship may be established with domihost.es as well as carrying out the tasks of information, improved service quality, marketing (the latter always identified as such) and other similar activities DOMIHOST own group.
The personal data processed in the file "COMMERCIAL" only be transferred to national or international entities as necessary for the sole purpose of giving effect to the purposes mentioned above.
The personal data processed in the file "HOSTING" collected for domain name registration, change of ownership or other changes relating to personal data will be transferred to the Authority or national or international body responsible for registering Registering Authority of corresponding domain name. This transfer is intended, solely and exclusively for the purposes directly related to the legitimate functions of the transferor through the service contract (registration or domain name change).
The client, when completing the order form, authorizes such data by technical and operational reasons, be transferred, posted, processed and stored in these organisms.
In this regard, and as a requirement of the Registering Authority or organization ICANN, the domain name holder authorizes the publication of data relating to the ownership of the disputed domain name and administrative contact, technical and payment, accordance with the rules, must be public and accessible from the relevant registrar whois.
The customer is obliged to collect, the owner, the authorization for the release of the data and transmitting them when it does not coincide with the individual customer.
Customer acknowledges and agrees that technical suppliers for some products, exceptionally and if necessary to address any issues of a technical nature, they can remotely access the physical server which hosted the product and, therefore, to content. Where appropriate, their actions are limited to the execution of the work necessary to resolve the issue without using the intervention or the data that could be accessed for other purposes.
DOMIHOST reports that, in compliance with the provisions of Law 25/2007 of October 18, retention of data relating to electronic communications and public networks, it shall hold and retain certain traffic data generated during the development of communications in order to transfer them to the legitimate authorities, legal under the circumstances therein provided.
In those cases where DOMIHOST figure as processor assumes the obligations under the Data Protection Act states that the purpose and will only process the data according to the instructions of the controller and not be applied or used for purposes other than those collected in the contract to that effect.
In this sense, the customer authorizes domihost.es, in his capacity as manager of treatment, to subcontract to third party storage services and safekeeping of backup data, in cases where this is required, while at all case the obligations under the Data Protection Act and its implementing regulations.
The customer may at any time exercise their rights of access, rectification, cancellation and opposition, recognized by the Data Protection Act. The exercise of these rights may do so by sending a letter to the Valencian Parliament Square, 14 b Aldaia (46 960) in communication indicating LOPD. Also, will exercise these rights in terms that the current regulations are available for consultation at http://www.agpd.es/.
DOMIHOST not responsible for the breach to the provisions of the Data Protection Act, make the client that the activity for him and that is related to the execution of this contract. So, each of the parties shall be responsible for non-compliance of this standard, the other party.
The client declares that all information provided by him, are true and correct and undertake to keep them updated, communicating, to domihost.es, any amendments thereto. The client responsible for the accuracy of their data and shall be solely responsible for any conflicts or disputes may result from the falsity of them.
THIRD: DOMIHOST commitments.
Do not engage in misleading advertising, DOMIHOST agree not to engage in misleading advertising. For these purposes, shall not be considered false advertising formal or numeric errors which may be found throughout the content of the different sections of the site produced as a result of maintenance and / or update incomplete or faulty information contained in these sections . DOMIHOST following provisions of this paragraph, undertakes to correct as soon as it becomes aware of such errors.
Do not send commercial communications without identifying
Pursuant to the provisions of Law 34/2002 on Information Society and Electronic Commerce agrees not to refer DOMIHOST se advertising or promotional e-mail or other means of electronic communication without identifying them as advertising and without prior had not been requested or expressly authorized by the recipients thereof.
For this purpose it will be considered as advertising information is sent to customers DOMIHOST provided its object is to maintain the existing contractual relationship, as well as carrying out the tasks of information, training and other activities of the service the customer has contracted with the company.
In addition, the recipient may revoke consent to the processing of your data for promotional purposes in a direct, simple and free from its own client area.
FOURTH: Responsibilities
domihost.es not liable for damages caused or likely to occur, whatever their nature, derived from the use of information, the matters contained in this web site and the programs included. The links (links) and hypertext, which, through www.domihost.es website, the user access to benefits and services offered by third parties not owned or controlled by domihost.es.
domihost.es not responsible for the use of web users make of the services, content, links (links) and hypertext in www.domihost.es website.
domihost.es not responsible for the illegitimate use that third parties may make of the brand names, product names, trademarks, not owned by that entity, appearing in www.domihost.es. Not responsible for the integrity, veracity and legality of the content of the web links which can be accessed from www.domihost.es.
DOMIHOST not responsible for viruses originating from telematic transmissions infiltrated by third parties (for example, word processor macros, Java applets and ActiveX programs), created with the purpose of obtaining negative results for a computer system.
FIFTH: Use Policies
The customer is responsible for compliance with laws and regulations and rules applicable to the use of products and applications made. However, it prohibits the use of products DOMIHOST contrary to good faith, in particular, are not limited to:
The use that is contrary to Spanish law or infringes the rights of others.
The posting or transmitting any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
Alter or intervene by fraudulent means, personal web pages or emails or systems of other users or third parties without their authorization.
The cracks, software serial numbers or any other content that violates intellectual property rights of others.
The collection and / or use of personal data about other users without their consent or in contravention of the provisions of Law 15/1999 of December 13, Protection of Personal Data.
The use of the domain's mail server and e-mail addresses for the purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading viruses (trojans, worms, etc..), Or any other of activity conducted in the spirit saboteur, fraudulent or criminal.
The client and / or domain name holder DOMIHOST guarantees that the chosen domain name is not registered for any unlawful purpose or injure the rights of intellectual property or other rights and legitimate interests of third parties.
The customer is obliged to maintain operational, active and current email address provided in the contract form for communication with DOMIHOST, since it is the preferred media DOMIHOST.
The customer is solely responsible for the use and conservation of logins and passwords provided by DOMIHOST to use the tools available to them for the management of contracted products because they are necessary identifiers that allow contrast DOMIHOST authentication to customer access and permission to facilitate action requested from these tools. The use of these identifiers and communication, including third parties, is produced under the sole responsibility of the customer.
The client has full responsibility for the content of your website, the information transmitted and stored on their farms, the hypertext links of third party claims and legal actions that can trigger across a reference to intellectual property rights personality and child protection.
It is forbidden to access, modify, view the configuration, structure and file servers DOMIHOST. Any problems that might occur on servers and security systems DOMIHOST as a direct result of customer negligence, it liable for the civil and criminal liability that might correspond.
The client will respect the technical standards set forth by DOMIHOST in the administration and product development contract so that there is no abuse damaging servers that slows the delivery of products or rights of other customers.
Users who sign up via the website www.domihost.es recognize the age of majority. The recruitment carried out by minors requires the prior consent of their parents, guardians or legal representatives, which will be held responsible for the recruitment conducted by minors in their charge. Will the children who must obtain the consent necessary to carry out the contract.
SIXTH: Copyright
All rights derived from intellectual property are expressly reserved by DOMIHOST. The source code, graphics, images, photographs, sounds, animations, software, text, domain names, trademarks, and information and the contents collected throughout the site are protected by Spanish law for DOMIHOST.
DOMIHOST does not, either in whole or in part or reproduction, publication, computer processing, distribution, dissemination, modification, transformation or decompilation or other legally recognized rights of the owner, without the prior written permission. Users may solely and exclusively use the material on this website for your personal and private, is forbidden to use it for commercial or any other use other than personal and private.
DOMIHOST ensure compliance with the above conditions and the proper use of intellectual property by exercising all the corresponding legal actions.
SEVENTH: Termination
The contract will end when, in addition to the established legal causes and arranged in the various clauses of this contract, any of the following:
Mutual agreement of the parties.
Completion of the initial term or successive extensions.
Termination for breach of any of the parties of the obligations under the contract.
If the failure was due to customer contract termination, as set forth in this clause, DOMIHOST reserves the right to terminate in advance of this contract without notice and without the customer is entitled to compensation or reimbursement of any amount.
In the event of termination or rescission of the contract, for the reasons mentioned above or any others envisaged by law, the client must meet its obligations prior to the termination of the contract against DOMIHOST and third parties.
DOMIHOST may change without prior notice, the information contained in its website, as well as its settings and presentation.
EIGHTH: LAW, SUBMISSION TO JURISDICTION
The laws applicable to this contract, their interpretation and resolution will be Spanish. Valencia Courts shall have exclusive jurisdiction in any dispute involving this Agreement or compliance, or derived from them. For any divergence arising from this contract, either party has the ability to choose the Arbitration Law of the Court of Arbitration of the Chamber of Commerce of Valencia.
If you start arbitration or court under the law, the provisions of this contract remain in effect and will be respected by both parties.
Failure to read or ignore this agreement does not exempt from compliance.