PART ONE 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 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 and client, are interested in executing this contract accepting the terms and conditions set forth in the following.
FIRST .- DEFINITIONS
DNS (Domain Name System): Domain Name System in the Internet field responsible for translating domain names into IP addresses.
Domain Name: set of characters that identifies an Internet site with an address (IP).
IP (Internet Protocol): set of rules governing the transmission of data over the network.
Hosts: DOMIHOST owned computers that store or host data and information that the client develops Hosting Plans offered by DOMIHOST.
Control Panel: This is a tool developed by DOMIHOST that is awarded generally each DOMIHOST service for managing client-side resources and applications available to the contracted service.
Client area (AdC) tool developed by DOMIHOST that is allocated to each customer and allows, among other things, hire and manage their products, check the invoices, update your billing information, create authorized users to access the control control and make authenticated requests, so that each order cause technical and administrative actions necessary for the development of the required action
Login and password authentication systems that allow the customer and / or its authorized users to access the web control panel and BC, as well as grant applications and information on the contracted plan, ie it a system that ensures that access to contract plans, data and information is secure, reliable, truthful and always come from customers or authorized users for this. DOMIHOST uses these systems to identify, authenticate and verify the person of the client and / or its authorized users.
SECOND .- OBJECT OF THE CONTRACT
This agreement is to regulate the conditions under which the customer accesses the DNS Private Server, providing this service DOMIHOST and set the conditions and form of remuneration from the client to DOMIHOST.
THIRD .- CHARACTERISTICS OF THE CONTRACT
3.1 The Private Server DNS is a service of primary and secondary DNS for multiple domains with customization of both servers by domain name. This service allows you to have a pair of DNS servers and ns2.sudominio.com ns1.sudominio.com style in which you can register all the domains you want, within the limits set by the pricing. In turn, each domain discharged, you can manage your subdomains and DNS entries.
3.2 The technical characteristics, resources and applications of this service are:
DNS server names tailored to primary and secondary domain name.
Own management through a simple control panel highs and lows of each domain.
The zone file for each domain to manage additions, deletions and modifications of input type A, CNAME, MX and NS.
Price includes the management of 100 domains. It is possible to increase the number of domains hiring plans 100 additional domains, which are priced in the fourth clause.
Unlimited free connection.
FOURTH .- PRICE AND PAYMENT
4.1 The discharge of the service and control panel access is free for
4.2 For the availability of private DNS server that gives rise to this contract the customer must pay 12 euros a month DOMIHOST. To increase the number of domains that includes the DNS server's private plans have to hire additional domain. Each plan contains 100 additional domains and has a cost of 12 euros per month.
4.3 The quantities shown are subject to the taxes which they are entitled.
4.4 Payment: The payment of the amounts referred to is monthly and will be made, both in their first contracts as successive renewals in advance by debit or credit card. By selecting one of these options, the customer consents to and authorizes DOMIHOST debiting of amounts, according to the method of payment and the same data indicated in the contract form.
At any time, the customer may modify the form of payment and / or its associated data through your Client Area.
DOMIHOST issue an invoice with details of all the concepts that make up the invoice
The amount of the prices stipulated on the web http://www.domihost.es/ may be subject to review by DOMIHOST. If DOMIHOST carry out a change in prices up Private DNS Server, customers will be notified prior to such modification being affected by the change in the next invoice being issued, so if you do not agree to accept the change exercising the right to terminate this contract without paying any additional amount to maintain its share DOMIHOST as paid. At the end of the period for payment in advance will be terminated the contract and, therefore, cause lower their service if maintained in its non-acceptance at the new price.
4.5 DOMIHOST refers telematically bills with full legal validity, using the Class 2 certificate, accepted by the Tax Agency, National Factory Mint, compliance with current regulations in this area and, therefore, ensuring the authenticity of the origin and content integrity.
FIFTH .- ENTRY INTO FORCE AND DURATION OF THE CONTRACT
5.1 This contract shall enter into force on the date of its execution, ie when the customer has the ability to access private use of the DNS server to receive instructions to access the service, as well as login and password, and justification in writing via e-mail from the contract.
5.2. The contract period shall be automatically extended monthly payment with the next bill. Not be terminated while the client or an authorized user to which the client has sufficient permissions granted, have not expressed down through the forms listed in paragraph 5.3.
In each renewal not send a copy of the contract, existing always understood that published on this website that collects DOMIHOST most current version.
5.3 If the customer or an authorized user, requesting downward from the contact section of the AC, it will occur the day indicated by the client to be effective, provided it is done with enough time to manage it. However, if personally made down the client from within the BC, if the low feature is enabled for this service, it will automatically occur on the same day to be processed.
SIXTH .- DUTIES AND RESPONSIBILITIES
6.1 In its relations with the customer, DOMIHOST should exercise due diligence in the use of its business, loyally and in good faith. DOMIHOST is committed to providing all the means at its disposal the services optimally, striving for the Private Server DNS can develop for 24 hours a day, 7 days a week in the safest possible way except for incidents that occur DOMIHOST out of control.
In this sense DOMIHOST reserves the right to terminate the service contract based on technical repairs and maintenance of equipment and for improving the services themselves.
DOMIHOST is not responsible for what is exclusively attributable to the customer.
The customer agrees to bear within reasonable risk limits and imperfections or unavailability of servers, the programs used are technically complex and may not have been previously tested on all the possibilities of use.
6.2 For both, the client expressly disclaims any liability claim, contractual or tort damages DOMIHOST for possible failures, delays or errors in access to and use of the service.
6.3. Notwithstanding the foregoing, if DOMIHOST breach their commitments in this contract by providing an inefficient service for a continuous period exceeding 24 hours, the responsibility will be limited to DOMIHOST rata refund of the money collected by the Private Server DNS during this period interrupt.
6.4 The access and use of private DNS server is the sole responsibility of the customer, so that DOMIHOST not responsible in any way (directly or subsidiary) for any direct or indirect, that may cause the client to third parties.
DOMIHOST not assume any responsibility for the actions that the users created and authorized by the client could perform. Similarly, DOMIHOST not responsible for the orders had been executed in response to requests that such users could be done through the BC.
6.5 DOMIHOST not responsible:
Of the errors caused by access providers.
Contamination of the virus on their computers, whose protection lies with the customer.
Third party intrusions customer service has been established but DOMIHOST reasonable measures of protection.
Faulty configuration by the customer.
The deterioration of the equipment (terminal client) or misuse (your responsibility).
DOMIHOST 6.6 offers the contracts of its products, the recruitment process and information posted on its website exclusively in Castilian language.
6.7 DOMIHOST stored in electronic form, a copy of the e-mail received by the client, in which the contract is attached custom product, the end of the contract.
SEVENTH .- OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
7.1 The customer must comply with all terms and conditions of this contract in the exercise of their profession, you must also act fairly and in good faith.
7.2 The client must meet the agreed remuneration.
7.3 Conditions of service use: The use of DNS Private Server contrary to good faith, public policy and legislation in force, 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, according to DOMIHOST, is violent, obscene, abusive, illegal, racist or libelous.
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.
Private Server Using DNS for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading viruses (trojans, worms, etc..), Or any other type of activity conducted in the spirit saboteur, fraudulent or criminal .
7.4 The client agrees to keep operating, active and updated e-mail address provided in the contract form for communication with DOMIHOST, since it is the preferred media for DOMIHOST agile and fluid in the provision of plan demand as a result of the contractual relationship through this contract binds us.
If the client wants to change the e-mail address provided in the contract form and contact address must do so through the AC, with measures such authentication own request, so that at no time be interrupted communication between both parties .
DOMIHOST disclaims all liability for the consequences of lack of effectiveness of the e-mail client or the lack of communication that the date change of management can produce, as well as disinformation alleging the customer due to its negligence in maintaining the assets of that fact.
It is the responsibility of the client, to transfer these obligations to update the e-mail contact, authorized users to access and perform actions from the BC, as well as respond to any consequences that may derive from its failure.
7.5 The customer acknowledges having tested the product with their needs and that he had been informed by DOMIHOST properly.
7.6 The customer indemnifies DOMIHOST for expenses that it had for some reason attributable whose responsibility was attributable to the client, including fees and expenses of attorneys DOMIHOST, even if not definitive judicial decision.
7.7 Customer is prohibited 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.
7.8 Due to the fact that the service shares Private Server DNS server for the provision of similar services, the customer agrees to use and / or manage the service in compliance with technical standards set forth by DOMIHOST. So that if DOMIHOST warns, detects and / or check on their maintenance service abused by excessive consumption of memory, CPU or any other deterioration that slows down the server on which it is located, so to prejudice or lead to an impairment in the service or the rights of clients or third parties that share the server the client reserves the right to suspend, in whole or part of the service.
To this end, DOMIHOST make a temporary suspension of service. The customer shall be notified to proceed to remedy the disturbance, and if after you restart the service in such circumstances a relapse continuously or in bad faith, there will be a discharge from service without repayment of any amount by considered an abuse of Private DNS server.
7.9 The customer is responsible for maintaining operational DNS entries that have chosen to name the primary and secondary server. If they do not stop working operating all domains that the client has in the private server and DNS client's sole responsibility.
7.10 The customer, by accepting this contract, expressly consents to the submission of invoices for the service contracted through electronic means, as stated by the current law on this matter.
7.11 The Customer agrees that telephone conversations you have with DOMIHOST can be recorded in order to improve the quality of security services and in providing them.
EIGHTH .- GOD
Neither party shall be liable for breach of obligations under the contract and therefore no right to compensation where such failure is due to Force Majeure.
If this circumstance is suspended for more than 2 months, this contract may be canceled at the request of either party.
NINTH .- TERMINATION
9.1 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 this Agreement.
9.2 If the customer's failure was because of the contract, as set out in clause
9.1.c, DOMIHOST reserves the right to terminate in advance of this contract and, therefore, to deprive the client of the Server Private DNS without notice and without the customer is entitled to compensation or reimbursement of any amount.
9.3 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.
TENTH .- INTELLECTUAL PROPERTY
DOMIHOST owns all copyrights, trademarks, intellectual property rights, know-how and any other rights related to the contracted service, and computer programs necessary for its implementation and the information it obtains on it.
The client must respect the use of third party programs made available by DOMIHOST although they were free, which has DOMIHOST necessary exploitation rights.
The customer, under this contract shall not acquire absolutely no rights or licenses to private purpose DNS Server, the computer programs necessary to provide the service nor technical information service trace, except for rights and licenses necessary for the fulfillment of this contract and only for the duration.
For any action that exceeds the performance of this contract require written authorization by DOMIHOST.
ELEVENTH .- CONFIDENTIALITY
11.1 Any information or documentation to any party other contribution to the development and execution of this contract shall be deemed confidential and proprietary input and who may be communicated to third parties without your consent.
11.2 The parties agree to give the nature of confidentiality in this Agreement, agreeing not to disclose to third parties any of the points that make up the content without the express consent of both parties.
11.3 The parties excluded from the category of confidential information any information that is disclosed by the party possessing it, that it becomes public, that which is to be disclosed pursuant to law or a court decision or action imperative competent authority and that which is obtained by a third party not under any obligation of confidentiality.
11.4 This obligation of confidentiality persists up to two (2) years after completion of this contract.
11.5 Neither party shall acquire any rights to any information privacy or other proprietary rights of the other party as a result of this contract.
TWELFTH .- DATA PROTECTION POLICY PERSONAL.
12.1 In accordance with Law 15/1999 of December 13 on Protection of Personal Data (Act), DOMIHOST states have adopted the necessary technical and organizational measures, required by it.
12.2 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 files corresponding so-called "commercial" and "domains and registration", 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.
12.3 The collection and processing of personal data is aimed at maintaining the contractual relationship may be established with DOMIHOST 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.
12.4 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 "DOMAINS AND RECORDS" 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 in charge of the Registering Authority Domain name registration for. 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.
12.5 The 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, the 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.
6.12 DOMIHOST reports that pursuant to the provisions of Law 25/2007, of October 18 conservation of data on electronic communications and public networks, it shall hold and retain certain traffic data generated during development communications in order to transfer them to the legitimate authorities, legal under the circumstances therein provided.
12.7 In 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 will not be applied or used for purposes other than those be included in the contract to that effect.
In this sense, the customer authorizes DOMIHOST, 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, always respecting the obligations under the Data Protection Act and its implementing regulations.
12.8 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 be performed by the customer from the tool "Client Area" developed by DOMIHOST and accessible from http://www.domihost.es/, so authenticated through the login and password client staff. Also, will exercise these rights in terms that the current regulations are available for consultation at http://www.agpd.es/.
12.9 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.
12.10 The client states that all information provided by him, are true and correct and undertake to keep them updated, communicating, to DOMIHOST, 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.
THIRTEENTH .- ASSIGNMENT
The customer may not transfer to third parties rights and obligations under this Agreement without the prior written consent of DOMIHOST
FOURTEENTH .- MODIFICATIONS
DOMIHOST 14.1 reserves the right to modify, in any case, the nature and condition of private DNS server, always in development and benefit the service itself. To this should not serve more formality than to inform the customer with a notice on-line and / or carry this modification to the terms of the contract and / or send via email.
Notwithstanding the preceding paragraph shall communicate in writing DOMIHOST these changes in the shortest possible time for adaptation by the customer.
The client, once informed of the modification by DOMIHOST, has a period of 7 days from receipt of such notification, to terminate the contract if you do not agree with the new circumstances, no communication after this period the client is otherwise deemed to accept the new conditions.
14.2 If as a result of R & D development DOMIHOST constant, as well as technical and technological advances occurring in the services of the information society, there are changes in the Private Server DNS and other services and management systems, administration (ie new secure payment network) DOMIHOST, to adapt to these developments proceed, if deemed appropriate by DOMIHOST, to make the amendments necessary for adapting to these developments.
In these cases, DOMIHOST previously communicated to customers information about changes affecting them and establish the time required in each case so that if the client does not agree to such changes may terminate this contract in all cases respecting the provisions in clause 9.
DOMIHOST in his act diligently and in good faith in the market area of its business, make these changes whenever a benefit not only the development of new technologies, but also the functioning of the company and even the service offered in this contract so as not to detract from the customers all together.
In case of conflict between the injury to a small number of customers and DOMIHOST development and / or adaptation to technical progress and technological services of the information society will be addressed to the benefit of the majority of customers in this adaptation and DOMIHOST progress in the field of new technologies.
FIFTEENTH .- LIMITATION OF WARRANTY AND LIABILITY
15.1 In no case DOMIHOST, nor the managers and executives, managers, shareholders, agents or employees depend on it for any reason shall be liable directly or indirectly related to the use made by DOMIHOST service client.
15.2 The parties acknowledge that the enforcement of this contract does not imply any representation, delegation, warranties or agreements other than those expressly described in this contract, and accordingly, all terms, conditions, warranties or other issues involved agreements or general regulations are explicitly excluded to the extent allowed by law
SIXTEEN .- Invalidation
If any provision of this Agreement is found void or unenforceable, in whole or in part, by any court or competent authority the remaining provisions shall remain valid, unless the parties discretion decide to terminate the contract.
SEVENTEENTH .- APPLICABLE LEGISLATION AND JURISDICTION
17.1 In matters not covered by this contract, as well as the interpretation and resolution of conflicts arising between the parties as a result thereof, will apply Spanish law.
17.2 If a conflict were to arise between the parties or difference in interpretation and execution of this contract and not resolved by mutual agreement, it will be resolved at the request of either party and upon written notice to the other, by arbitration in the Chamber of Commerce and Industry of Logroño. The arbitration will be held in Logroño and will be conducted in accordance with the rules of the Spanish Arbitration Act 60/2003, of December 23, and Regulations of the Chamber of Commerce.
If the conflict is raised by a consumer, pursuant to Law 26/1984, of July 19, General Defence of Consumers and Users, the arbitration proceedings before the Consumer Arbitration Board of the Autonomous Community of client's residence.
Each party shall bear its own costs in relation to arbitration, but the compensation and expenses of the arbitrators shall be made of the manner established by the arbitral decision.
17.3 The foregoing shall be without prejudice to the parties to submit to a judicial proceeding in this case shall be made to the jurisdiction of the Courts and Tribunals of Logroño, expressly waiving their own jurisdiction, if other. For consumers or end users, DOMIHOST refers to the provisions of the current procedural rules.
17.4 If it is reasonably possible, the performance of this contract, will continue during the course of any dispute and / or arbitration or judicial proceedings.
