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
FIRST .- DEFINITIONS
: Company dedicated to providing online services, specializing primarily in the domain name registration and web hosting.
Customer: any natural or legal person completing the order form and pick Hosting Plans offered by DOMIHOST through its URL http://www.domihost.es and is listed as one of the contracting parties.
Contract: contains all the clauses contained in this document and any additional information about particular hosting plan chosen by the customer, that principle is explicitly updated http://www.domihost.es URL.
The commercial content, information resources, applications, features and prices of hosting plans that are manifested in the web http://www.domihost.es supersede that contained in this contract, for respect of all matters not above (commercial content) shall prevail in this contract.
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.
Hosting Plans (hosting) server space DOMIHOST property is located where the domain name of the client, manage resources and applications unique offering DOMIHOST plans and set out on a date on the website company http://www.domihost.es.
Hosting Plans subject to the conditions of this contract offer shared hosting servers DOMIHOST, ie several different clients websites are hosted on one server.
Resources and Applications: This is the technical and computer programming facilitated and supported by different hosting plans that the customer contracts.
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, with each hosting plan for the client management of resources and applications available to the plan contract, and even activate additional services or extensions which way prices are determined in those http://www.domihost.es updated hosting plans allow.
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
If you run any of the above actions, through the AC, such action will be reflected in the DOMIHOST management system so that each order to cause the necessary technical and administrative activities 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 AC, 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's customer and / or its authorized users.
SECOND .- PURPOSE
This agreement is to regulate the conditions under which the customer accesses the Hosting Plan you have chosen and developed DOMIHOST and set the conditions and form of remuneration from the client to DOMIHOST.
Other services, products, applications or options may be offered for customer DOMIHOST through contracts or other marketing communications as well as the provisions of http://www.domihost.es web
THIRD .- shared hosting plans that are governed by provisions of this AGREEMENT
3.1 The conditions set out in this agreement shall apply to the following plan:
E Plan.
Redirected Plan.
Personal Plan.
Windows Professional Plan.
Linux Professional Plan.
Business Plan Windows.
Linux Business Plan.
Master Plan Windows.
Master Plan Linux.
Master Plan Plus Windows.
Master Plan Plus Linux.
Windows ISP.
Linux ISP.
Also, this contract shall apply to any Hosting Plan created and developed by DOMIHOST with the characteristics shared hosting servers owned DOMIHOST that even without being reflected in the above list will attach this contract.
3.2 The technical characteristics of each of these plans and the price to be paid by them is, in every moment, http://www.domihost.es clearly determined and listed in Annexes I and II attached to this contract . In any case the resources and applications available to each Hosting Plan will be that every time they are published on the website, http://www.domihost.es.
3.3 The modifications made in each Hosting Plan shall be governed by the provisions of this contract under clause 15.
In any case, deemed notice any changes affecting Hosting Plans or affect DOMIHOST ing the provisions of this contract, with the publication of such changes on the website of DOMIHOST.
3.4 The operation of each Hosting Plan have generally assumed ownership of a generic domain name (gTLD) or territorial (ccTLD) hosted on servers inDOMIHOST . The registration of domain names can be done through DOMIHOST or through any other provider.
Domain names for which registration is requested through DOMIHOST be recorded whenever the customer's name or name of the person or entity to which the client wishes to assign ownership. The costs for the registration of domain names are those set out http://www.domihost.es at any time and for each domain name. As for the regulation of domain names subject to the provisions in their contract that is provided at the time of hire.
3.5 The Hosting Plans under this contract consist, among other resources by a tool called "control panel" for each plan, from which the client can manage and administer resources and applications specific to the plan to which it refers.
3.6 For those hosting plans that include mailboxes, DOMIHOST offers Hybrid Mail system-Exchange Standard, which allows the customer, as well as having default Standard mailboxes (POP3/IMAP4), activate new mailboxes or migrate any of existing Exchange mail system, with all the functionalities of the latter.
The customer from the Control Panel Hosting Plan you can select Standard mailboxes (POP3/IMAP4) to migrate Exchange mail system and vice versa, and whether moving or not, the content thereof. Also, you can sign up new mailboxes under either of two standard mail systems or Exchange.
The customer must bear in mind that if the space used in your home mailbox than those permitted in the target platform, copy the contents of your mailbox can exceed allowable margins and billed extra space. The operation is only performed if the customer has selected that option and if the mailbox size to be copied does not exceed the technical limit preset.
For this purpose, DOMIHOST available to the client, the ability to configure an alert for the disk space occupied in equity Exchange platform or Hosting Plan that has contracted.
3.7 The customer must bear in mind that:
Each domain name associated with the Housing Plan, you can have mailboxes running simultaneously in the two mail platforms, Standard and / or Exchange.
Each mailbox can only be associated with a type of mail, Standard Exchange.
Each mailbox is associated with an e-mail, through which messages are received.
Redirected mail will be held in all cases from the standard mail platform (POP3/IMAP4).
3.8 In the mailboxes associated with each hosting plan, both Standard (POP3/IMAP4) as Exchange, the maximum guaranteed availability of messages on the server is 3 months, DOMIHOST not responsible for the permanence of these messages once passed this term.
Notwithstanding the above clause, the maximum availability of messages stored in folders "Trash or Trash" and "Spam" mailboxes, both Standard and Exchange, will be 30 days from the time of receipt in the mailbox.
3.9 Each one of the mailboxes Standard Mail System (POP3/IMAP4) Hosting Plan associated with the contract for that domain, has a maximum disk space of 3 GB. If the space used exceeds this amount, the excess will be billed at the rates contained in this agreement and its annexes and published in updated form in http://www.domihost.es/.
Each of the mailboxes that the customer contract for the mail system Exchange Standard or associated with your hosting plan, you have also 3GB of disk space. In the case of the Post Exchange, 3GB be added to the total space available for Exchange Platform.
At any time, the customer can know the space you have for your mailbox, configuring the automatic programmed messages (email and / or SMS) from your Control Panel to exceed a certain size indicated by the same and to take and appropriate action.
The customer must bear in mind that occupancy statistics mailboxes are updated automatically every night, so it may not correspond to the actual occupation of the mailbox at the time of being consulted.
3.10 The customer, from your AC, you can hire packages of additional mailboxes, extensions of disk space per mailbox, extension of shelf space and plans to mobilize Exchange, of a higher or lower than the already contracted and available, depending on their needs.
3.11 In all that on the mailboxes under the Hybrid Mail system-Exchange Standard and not expressly provided for in this contract and its annexes, shall apply the provisions of "hybrid mail contract-Exchange Standard" of DOMIHOST, updated form available for inspection at http://www.domihost.es. The customer will accept and receive personalized e-mail, the contract, each time you activate the Hybrid Mail system-Exchange Standard for a domain name.
3.12 The customer must bear in mind that it is not possible to contract the Mail Exchange product for those domains that have already engaged in DOMIHOST, Hosting Plan, since it already includes the Hybrid Mail system-Exchange Standard. In this case, would need to proceed to terminate the hosting plan and it is recommended, prior, download all mail from previous accounts to avoid losing the information contained herein.
3.13 In those hosting plans that have the Application Pack, understood this as the set of most popular web tools, selected by DOMIHOST, customers can install and uninstall from Control Panel. In the latter case, you should be aware that this will entail the loss of all data, files and databases associated with it (including those published on its website). Therefore, DOMIHOST recommended to back up any data you want to keep.
The applications available vary depending on the hosting plan contract, increasing their number to the higher planes, can be found on the website DOMIHOST.
The customer must accept and respect the provisions of the licenses of each one of the applications. The applications are delivered as they are not accepting complaints about them.
DOMIHOST not provide technical and functional support for these applications, beyond that already offered support for the hosting plan contract.
DOMIHOST not be responsible for proper operation, safety and / or the offered application compatibility, as they may interfere with other programs that already have the client installed on your Hosting Plan.
DOMIHOST reserves the right to offer the version of the applications most suitable, and to modify at any time, applications are available for each Hosting Plan in light of new versions or discovered vulnerabilities without notice the customer of such changes, sufficient to publish them in your Control Panel.
3.14 The hosting plans that have Basic Resource Monitoring allows the customer to check, using the key words to indicate the position in their domains found in the search "Google Spain," and observe the evolution of that position over time.
The number of domains may be extended by the 10 additional monitor-per-pack offer 30 additional domains that recruit the client for ISP Plan, each additional domain or to be hired for the Master Plan and Master Plus.
The characteristics of each basic monitoring are:
Domain Hosting Plan associated with the (not admitting subdomains). For ISP Plan, will be 10 domains.
2 Keywords.
Limited to a search engine: Google Spain.
Periodic updating.
The number of domains with each domain can be extended further to be hired for the Master Plan and Master Plus, or via the 10 additional monitor-per-pack offer 30 additional domains that recruit the client for ISP Plan.
The basic monitorings are associated with a Hosting Plan. Therefore, the lower the plan, involve low monitors them for the same.
For each basic monitoring, only allows a change of keyword per month. The modification of a keyword means the loss of all data associated with it.
The resources that comprise each basic monitoring are limited, not susceptible of enlargement. In the event that the client wants to increase those resources should hire the product of Online Marketing, Positioning Monitoring, and this is a payment product and totally independent from basic monitoring resource here is regulated. This will require a release of resources from basic monitoring of the client has.
In the Hosting resource that have the basic monitoring for more than one domain name from the Monitoring Management module, the customer may assign or unassign domains monitored for their clients, being necessary for full activation of the resource they configure it, then inserting the two keywords to be monitored.
3.15 The customers who sign a Hosting Plan may purchase a security certificate (SSL) through DOMIHOST, which allows you to have a secure website where users can exchange information safely, ensuring authentication, confidentiality and integrity of the data transmitted over the Internet.
DOMIHOST be responsible for the application, management and renovation, and installation of the Security Certificate (SSL) for selected domains. The customer can install himself Safety Certificate (SSL) on your hosting plan from the Control Panel certificates. In those hosting plans that require the hiring of an additional fixed IP payment is necessary prior to hiring her for the installation.
DOMIHOST not be liable for delays, for reasons solely attributable to the client or the certification body, occurring in the use of the Security Certificate (SSL) hired.
Similarly, the customer shall be responsible for the consequences of any kind that may arise from the installation / uninstallation.
Secure Certificates (SSL) require a dedicated IP address for each domain associated with them, so that once activated the Security Certificate (SSL) and associated IP that will be necessary within 24 or 48 hours to spread changes, until they can properly use the access through the Certificate.
Where the product for the hosting plan that engages the Security Certificate (SSL) does not have any free IP, the client may hire a new IP, paying the amount for which is 5 € / month. In these cases, the customer should be aware that if you proceed to terminate the Security Certificate (SSL), you must also perform the lower IP address associated with it, because otherwise this IP will continue to be billed.
DOMIHOST 3.16 offers some of their hosting plans, Sandbox functionality that allows customers to create a folder within your hosting space in which to perform a complete or partial copy of your website in order to make changes or testing without affecting to published content. In any case, there may be certain content or applications for which it is not possible to back through Sandbox.
The customer must bear in mind that the space occupied by the Sandbox folder and consumed by this transfer function are included within the total computing resources provided with each hosting plan. So that, if exceeded margins hired, they proceed to charge the extra space and bandwidth for, according to the then current rates and published on the website, http://www.domihost.es.
For this purpose, DOMIHOST available to the client, from the control panel, the ability to set alerts to inform him before exceeding the thresholds employed its resources.
FOURTH .- CHANGE OF PLANS
4.1 The client has contracted with a Hosting Plan DOMIHOST can switch to another plan either features, resources and applications that already have higher or lower.
4.2 The changes will be made from the AC, either the client or by an authorized user to which the client has sufficient permissions granted.
Once a change in the Housing Plan will not be able to request another change of plan within 30 days, counting from that was the last change.
4.3 If the change is made to a higher plan characteristics, resources and applications can generate a corrected invoice to the client, for the amount paid and not consumed to be paid by bank transfer. The transfer will take place at the expiration date of your bill of amendment, provided there are no charges pending. The customer can view the amendment bill from the "Invoices" of AC.
4.4 If the change is made to a lower plan features, applications and resources are not entitled to any refund, to understand that it has canceled the plan initially hired prior to its termination, unless this change occur during the warranty period to referred to in clause 5.13 of this Agreement and except in those cases where the legislation so provides.
FIFTH .- PRICES AND PAYMENT PLANS
5.1 The high-Hosting Plans DOMIHOST and access control panel for the contracted plan is free.
5.2 With the availability of the Hosting Plan that gives rise to this contract the customer must pay in advance the price DOMIHOST for each Hosting Plan http://www.domihost.es determined and listed in Annexes I and II attached to this contract.
In any case, the client, who appears as such on the tab, is responsible for payment of invoices even if a third party intervenes on behalf of the client, so that the responsibility to provide authentication data to a third party is solely customer .
5.3 The amounts referred to in this Agreement, its Annexes and http://www.domihost.es not include Value Added Tax (VAT). In any case, the customer must pay the VAT on the product purchased.
5.4 If the customer exceeds the use of resources and applications included in the Standard Hosting Plan hired, will pay for resources and applications according to overcome the current prices at any time and posted at the URL http://www . domihost.es on these resources and applications, all those hosting plans that allow the extension of these resources and applications as laid down in Annexes I and II attached to this contract.
However, if you exceed the transfer and / or disk space included in the Standard Hosting Plan, the customer will pay the amount exceeded at the rates established by sections in the same URL. The customer must control the flow transferred and the space occupied by the statistics that you can access the control panel, having the ability to set alerts to inform him before exceeding the threshold contract.
Excess disk space consumed by each mailbox on the mail system (Exchange Standard) Hosting Plan associated with will be billed at a rate of $ 0.01 per month per 1 MB (sections 1 MB minimum).
5.5 The customer requesting the domain name registration, transfer or change of domain registrar together with the high of a Hosting Plan shall be subject to the rules governing such payment products listed athttp: / / www.domihost.es and in the contract.
5.6 Payment: Payment is Hosting Plans quarterly, or annually, usually at the discretion of the customer in the contract form. However, there are plans that offer only one way to pay for the year.
In Hosting Plans with annual payment schedule is offered free of charge the amount corresponding to two months.
The prices published on the web http://www.domihost.es correspond to the value that corresponds to monthly Hosting Plans with an annual payment.
But the extensions and additional services, ie not incorporated in the price of standard plans usually have a cost and monthly payment.
Notwithstanding the foregoing, the payment frequency of packages mailboxes, extensions of disk space per mailbox, space expansions Exchange platform and plans to mobilize the system Hybrid Mail System-Exchange Standard will be the same as I plan to stay associated with the domain name that owns the mailbox.
The client may change after the payment frequency chosen for the main product from the AC, as long as you have not yet been issued the invoice for that period.
The customer or user authorized, may change after the payment frequency chosen for the main product from the AC, as long as you have not yet been issued the invoice for that period.
5.7 Method of payment: the payment of hosting plans and contract resources for them, both in their first contracts and in any subsequent renewals, are made in advance through either payment methods offered DOMIHOST for their products: debit and 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 their associated data, applying through your Client Area
5.8 DOMIHOST issue an invoice with details of all the concepts that make up that invoice.
5.9 The billing packages mailboxes, extensions of disk space per mailbox, extension of shelf space and plans to mobilize Exchange, which are contracted for Hybrid Mail system-Exchange Standard, will be held on the same date as the Hosting Plan associated with the domain name it belongs to that mailbox
5.10 refers DOMIHOST telematically bills with full legal effect as using the Class 2 CA certificate accepted by the Tax Agency, National Factory Mint, compliance with current regulations in this area and, therefore, guaranteeing the authenticity of the origin and content integrity.
5.11 The bank each return that occurs due to causes attributable to customer DOMIHOST charged an extra fee of 6.01 euros.
5.12 DOMIHOST reserves the right to temporarily suspend the plan provided to any incident experienced in the collection of the service and / or for non-payment until the resolution of it. If the client does not proceed with your payment after the notice of temporary suspension of service will cause permanent expulsion for breach of contract on their part.
Non-payment of the extensions and additional services, ie not incorporated in the price of standard plans, will result in interruption of the main Housing Plan.
In the case of deactivation of a service by default, will be eliminated all data associated with it. If it becomes a contract it should enlist all the data again. The recovery of any of the above data, it must apply to the technical department DOMIHOST payment of their services for an amount of 60 € / hour.
5.13 The amount of the prices stipulated on the web http://www.domihost.es listed in Annexes I and II attached to this contract may be subject to review by DOMIHOST. Notwithstanding the provisions of clause 15 of this contract for the stipulated price changes are subject to the provisions in the paragraph below is collected.
If DOMIHOST carry out a change in prices to higher hosting plan, customers will be notified prior to such modification being affected by the change in the next invoice being issued, so that if it were not for 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 (quarterly or annually) will terminate the contract and, therefore, cause your plan down to remain in their non-acceptance at the new price
5.14 The client will have a period of thirty (30) calendar days from the date of initial registration of the service to terminate this contract without penalty or expense shall not apply to this warranty period of the contract renewals.
Following the exercise of this right, DOMIHOST reimburse the customer the amount paid for the provision of the Housing Plan and in no case shall reimburse the customer the amount paid in respect of domain name registration, or for any other service in which the nature of the benefit is not possible to do, having already enjoyed by the customer or the customer having breached the terms of this contract. Also, the customer must pay the amount corresponding to the consumption of transfers made during the plan period and / or effective service.
Hosting Plan If the contract allows an appeal or application for its implementation should be paid a high (as detailed in the annexes to this Agreement) the amount of this high will not be refunded.
Outside the warranty period referred to this section, the customer is not entitled to refunds for voluntary termination of the plan ahead contracted, except in those cases where the legislation so provides.
SIXTH .- ENTRY INTO FORCE, DURATION AND RENEWAL
6.1 This contract shall enter into force on the date of its execution, ie when the customer terminates the contract and has the ability to access your Hosting Plan, receiving indications of access, and the justification in writing via e-mail the contract under which it operates.
6.2 The contract will last quarterly or annual billing depending on the term chosen by the customer in the contract form, reckoned from the execution of the contract.
6.3 Without prejudice to the duration set in the preceding clause, the contract shall be automatically extended and terminates to the customer, or an authorized user to which the client has sufficient permissions granted, indicated its lowest since AC, through any of the forms listed in paragraph 6.6 of this contract.
In each renewal not send a copy of the contract, understanding the ever-present http://www.domihost.es published on the website that collects most current version.
6.4 The resources and applications used hired Hosting Plan can be activated or deactivated at any time during the hosting plan is active and familiar with the payment, however if an appeal or application has an additional monthly cost, the fact disable it before to the expiration of the month is paid in advance no refund of the portion not consumed, except in those cases where the legislation so provides.
6.5 The lower Hosting Plan associated with the domain name for which the system provides hybrid mail-Exchange Standard will mean automatic removal from this service and therefore the resolution of the corresponding contract.
6.6 If the customer or a user authorized to do so, personal errands down from the BC or from the Control Panel (in the case of a resource that is managed from that low tool) it will automatically occur in the same day they are processed. Therefore, client is cautioned to watch for this condition to keep the content you have stored on the server. However, if the client requests, to DOMIHOST, down from the "Contact" from the AC, it will occur the day indicated by the client to be effective, provided it is done with enough time to manage it.
SEVENTH .- DOMIHOST DUTIES AND RESPONSIBILITIES
7.1 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 hosting plans offered can develop for 24 hours a day, 7 days a week in the safest possible way except for incidents that occurrence beyond the control of DOMIHOST.
In this sense DOMIHOST reserves the right to terminate the contract plan 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.
7.2 DOMIHOST can not guarantee the availability of Hosting Plans to be continuous and uninterrupted for the duration of the contract, due to the possibility of problems in the Internet, servers, equipment damage and other unforeseen contingencies.
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.
7.3 In addition, sharing Hosting Plans the same machine with other hosting plans, technical problems can occur attributable to third parties, and which is not responsible DOMIHOST.
7.4 percent, the client expressly disclaims any liability claim, contractual or tort damages DOMIHOST for possible failures, delays or errors in access to and use of contract plan, subject to the provisions of the legislation.
7.5 No Nevertheless, if DOMIHOST breach commitments made in this contract by providing an inefficient service for a continuous period exceeding 24 hours, DOMIHOST responsibility is limited to the refund of the money collected by the Housing Plan for the period interrupt.
7.6 The Hosting Plans are shared hosting products with other products of similar nature and resources. For this reason, DOMIHOST reserves the right to suspend, in whole or in part, to fulfill the contract (not providing the service) if you notice, detect and / or check their maintenance excessive consumption of memory, CPU or any other deterioration that slows down the server on which it is located, so as to prejudice or lead to an impairment in the service or the rights of clients or third parties that share the server with him.
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 the Housing Plan.
DOMIHOST reserves the right to block or remove, temporarily or permanently, without notice to the customer that is performed prior to, one or more of the available settings in the Control Panel if it detects a risk or vulnerability security hosting service.
7.7 In no case accept liability DOMIHOST derived from data loss, business interruption or any other damage caused by the operation of Hosting Plans for failing these customer expectations.
7.8 The access and use of Hosting Plans are 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 AC.
7.9 DOMIHOST disclaims any responsibility for the consequences of lack of effectiveness of e-mail address of the client or not communicating the change in direction may occur, as alleged by the misinformation that the customer due to negligence on the active in maintaining this information.
7.10 DOMIHOST not responsible:
The content hosted in the space allotted to the customer by the Housing Plan.
Of the errors caused by access providers.
Contamination of the virus on their computers, whose protection lies with the customer.
Third party intrusions in the customer's plan 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).
7.11 DOMIHOST not responsible, nor accept any claim or third party client, the rejection of a legitimate email message as a result of the nature of the anti-spam systems, because, among other things, the possible existence of technical means the external available to the client.
7.12 As a result of technological advances and with the sole purpose of ensuring the quality of security services and the provision thereof, DOMIHOST reserves the right to install on their servers and to offer its customers the versions of the operating systems, applications or features it considers most appropriate in each moment (preferably in Castilian language or otherwise, in English).
7.13 contracts DOMIHOST offers its products, the recruitment process and information posted on its website exclusively in Castilian language.
7.14 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.
EIGHTH .- OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
8.1 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.
8.2 The client must meet the agreed remuneration as set out in clause 5 of this contract.
8.3 Conditions for use of the plan: The use of Hosting Plans contrary to good faith and, 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 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.
The use of the mail server and / or email addresses for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading viruses (trojans, worms, etc..), Or any other activity conducted in the spirit saboteur, fraudulent or criminal.
8.4 By contracting this plan, the customer agrees to:
Save on your own backup of the contents of Hosting Plans to replace them if necessary.
Monitor the size of the transfer to take action if it believes that its increase is excessive. To this end, the customer has in the Control Panel, so-called "use tables" updated daily, in which information about the flow of each day and accumulated in the month. Identify systems transfer DOMIHOST consumed by each hosting plan, evaluating the file information web server log.
Maintain operational, active and current email address provided in the contract form for communication with DOMIHOST, since it is the preferred media for DOMIHOST agile and fluid in the delivery of the requested plan as a result of the relationship contractual 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 Contracting.
DOMIHOST disclaims all liability for the consequences of lack of effectiveness of the e-mail client and / or lack of communication that the date change of management can produce, as well as disinformation alleging the customer due his own negligence in maintaining this information asset.
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 AC, as well as respond to any consequences that may derive from its failure.
8.5 The customer acknowledges having verified that the product features to suit your needs and has been adequately informed by DOMIHOST.
8.6 The communications between the client and staff must observe DOMIHOST basic rules of respect in the dialogue.
8.7 The customer is solely responsible for the use and conservation of the login and password control panel for web access and AC and identifiers that are needed for access to these tools and allow contrasting DOMIHOST access authentication customer and provide permission for actions that are requested from these tools. The use of these identifiers and communication, including third parties, is produced under the sole responsibility of the customer.
Similarly, the customer is liable for the actions and requests that authorized users, who have granted the necessary permits, could be done through the BC.
8.8 The client has full responsibility for the content of your website, the information transmitted and stored on their farms, the hypertext links to third party claims and legal actions that can trigger across a reference to intellectual property personality rights and child protection.
The customer is responsible for laws and regulations and the rules that have to do with the operation of the plan on line, e-commerce, copyrights, maintenance of public order, and universal principles of Internet use.
8.9 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.
8.10 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.
8.11 Due to the shared hosting plans to host the client must develop and / or management respecting 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 plan.
To this end, DOMIHOST make a temporary suspension of the plan. 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 the Housing Plan.
8.12 The Customer acknowledges and accepts the possibility of an exception, and because of the nature of the anti-spam systems, can result in the rejection of a legitimate email message, DOMIHOST exonerated of any responsibility.
8.13 The customer, by accepting this contract, expressly consents to the submission of invoices relating to the provision of contracted hosting plan through electronic means, as stated by the current law on this matter.
8.14 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.
NINTH .- 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.
TENTH .- TERMINATION
10.1 The contract shall 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.
10.2 If the customer default was due to contract termination, as set out in clause 10.1.c, DOMIHOST reserves the right to terminate in advance of this contract and, therefore, to deprive the client of the Plan Housing contract without notice and without the customer is entitled to compensation or reimbursement of any amount.
10.3 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.
ELEVENTH .- INTELLECTUAL PROPERTY
11.1 DOMIHOST owns all copyrights, trademarks, intellectual property rights, know-how and any other rights related to the hosting plan contract, as well as computer programs necessary for its implementation and the information it get over 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 with regard to the Housing Plan, 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.
11.2 "BlackBerry" and "RIM" are trademarks of Research In Motion Limited, used under permission. It is not allowed to use them without proper authorization.
11.3 In relation to the Blackberry software, the client and / or end user must accept and respect the conditions contained in the Software License Agreement Blackberry, available for consultation at http://na.blackberry.com/eng/legal / bbsla.jsp.
TWELFTH .- CONFIDENTIALITY
12.1. 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.
12.2 The parties agree to the confidential nature of this contract, agreeing not to disclose to third parties any of the points that make up the content without the express consent of both parties.
12.3 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.
12.4 This obligation of confidentiality persists up to two (2) years after completion of this contract.
12.5 Neither party shall acquire any rights to any information privacy or other proprietary rights of the other party as a result of this contract
THIRTEENTH .- DATA PROTECTION POLICY PERSONAL
13.1 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.
13.2 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 corresponding files 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.
13.3 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.
13.4 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.
13.5 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.
6.13 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 development communications in order to transfer them to the legitimate authorities, legal under the circumstances therein provided.
13.7 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.
13.8 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/.
13.9 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.
13.10 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.
FOURTEENTH .- ASSIGNMENT
The customer may not transfer to third parties rights and obligations under this Agreement without the prior written consent of DOMIHOST except for those that have Hosting Plans among its characteristics and assign domain hosting to follow the guidelines and philosophy of service.
FIFTEENTH .- MODIFICATIONS
DOMIHOST 15.1 reserves the right to modify, in any case, the characteristics and conditions of your hosting plans, still 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.
15.2 If as a result of R & D development DOMIHOST constant, technological advances occurring in the services of the information society, as well as technical and / or organizational DOMIHOST, there are changes in the plans of Accommodation in other services or systems DOMIHOST management and administration, to adapt to these developments proceed, if deemed appropriate by DOMIHOST, to make any changes necessary.
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 10.3.
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.
SIXTEENTH .- LIMITATION OF WARRANTY AND LIABILITY
16.1 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 customer service.
16.2 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
SEVENTEENTH .- 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.
EIGHTEENTH .- APPLICABLE LEGISLATION AND JURISDICTION
18.1 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.
18.2 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 before the Court of Arbitration of the Chamber of Commerce and Industry of La Rioja.
The arbitration will be held in Logroño and will be conducted in accordance with the provisions of Law 60/2003, of December 23, Arbitration and the Rules of Court of Arbitration of the Chamber of Commerce and Industry of La Rioja.
In the event that the conflict is raised by a consumer or user, the procedure will as enshrined in the RD 231/2008 of 15 February, which regulates the Consumer Arbitration System.
18.3 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 users, DOMIHOST refers to the provisions of the current procedural rules.
18.4 If it is reasonably possible, the performance of this contract, will continue during the course of any dispute and / or arbitration or judicial proceedings. 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.
