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 establishes a business DOMIHOST 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.
On the other hand the contractor, person or entity completing the contract form, which appears in http://www.domihost.es/, with the data required and which establishes a business DOMIHOST 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
CLAUSES
FIRST .- DEFINITIONS
DOMIHOST: company dedicated to providing online services, specializing primarily in the domain name registration and web hosting.
Customer: any natural or legal person who contracts with DOMIHOST a dedicated server and is listed as one of the contracting parties.
Contract: contains all the clauses contained in this document and any additional information on Dedicated Server hired by the client, collect to-date, specifically, in the URLhttp: / / www.domihost.es/, forming a unit that binds the parties.
The Contract consists of three parts: general characteristics of dedicated servers, specific characteristics of each type of Dedicated Server (Annex I) and personalized estimate for the procurement of solutions, with specific resources and applications chosen by the client ( Annex II).
Commercial content, information resources, applications, features and pricing of dedicated servers that manifests on the web http://www.domihost.es/ prevalecerá as indicated in this contract, especially as regards all matters not above (commercial content) shall prevail in this contract.
Resources and Applications: A set of technical and computer programming facilitated and supported by individual dedicated server that the client can hire.
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 your Dedicated Server, providing this service DOMIHOST and set the conditions and form of remuneration from the client to DOMIHOST.
Other benefits, services, 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.
PRODUCT FEATURES THREE .-
3.1 The Dedicated Server hosting is a service unique in that each client has its own machine, not shared with other users, and administration.
3.2 The customer can choose the hardware and operating system to install on your dedicated server, among those offered for such http://www.domihost.es/ server.
Depending on the chosen operating system, the dedicated server will default certain software preinstalled.
The general features, enhancements and additional services available to the Dedicated Server Agreement are detailed in Annex I attached to this contract.
Specific features of dedicated server contract, are listed in the message received by the customer, the end of the contract from http://www.domihost.es/ and for custom hiring solutions, the budget contained in Annex II of this contract.
Overall, the technical characteristics of each of these dedicated servers, upgrades, additional services and the price to be paid by them is constantly updated http://www.domihost.es/.
3.3 The modifications made in the characteristics of every dedicated server will be governed by the provisions of clause 14 of this contract.
In any case, deemed notice any changes affecting Dedicated Servers or affecting the provisions of this contract, with the publication of such changes on the website of DOMIHOST.
3.4 The hardware and operating system vary by type of contract Dedicated Server and are available at the time those published in http://www.domihost.es/.
3.5 The client can manage the dedicated server and the services associated with it through the control panel server management.
The management control panel Plesk dedicated server, is installed free of charge and optional upon request, provided it is compatible with the operating system chosen for Dedicated Server.
3.6 DOMIHOST responsible for the proper functioning of the hardware and pre-installed operating system. Assumes hardware replacement in case of failure.
3.7 The customer may install additional applications on your dedicated server, provided they are compatible with your operating system.
3.8 The customer is solely responsible for the administration of the software (including for the operating system) and applications that it installs on your server (both personally and through the additional service DOMIHOST Systems Management), as well as effects they may have on the standard pre-installed software or configuration of the machine, assuming no DOMIHOST, therefore, any kind of responsibility.
In the event that there is any conflict could only DOMIHOST reinstalling the server and control panel by removing all data and settings that the client may have, with a presentation of the technical department, which would be billed to the customer.
3.9 It is your responsibility, the hiring of backup service.
3.10 The customer must pay the rates established in http://www.domihost.es/ to support both remote hands, and Systems Administration (Intervention).
3.11 The customer can choose how to partition the hard drive of your Dedicated Server, as long as you indicate in writing, through the contact section of BC, before accepting the budget. Otherwise, you must accept the partition by default.
Dedicated Server 3.12 The standard configuration includes a Firewall DOMIHOST. If you intend to request changes and / or apertures and / or closing of a port, it will be necessary to hire Custom Firewall service.
The standard configuration includes DOMIHOST Firewall restrictions on the number and type of access to the server to avoid, as far as possible, attack or harm in providing the service to other customers. Consequently, if this configuration does not meet customer needs, it may consult with the Department of Business Information DOMIHOST (
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) to analyze other types of services that best suit your needs.
3.13 The customer is liable for any problems that may arise on your server, especially those related to security measures should have adopted.
3.14 DOMIHOST available to the client reboots and resets performing on your dedicated server, with the conditions stated in their website, http://www.domihost.es/.
Reset is defined in the server log and make a stop and restart the operating system in an orderly manner. Requested from the Control Panel and processed automatically.
Reset means the action of pressing the on / off the server, ie it off and back on via the Power button on the server. Requested from the Control Panel and manually processed by a DOMIHOST Systems Technician. This process can result in data loss.
The customer assumes the risk of resetting your server can damage your software, require checking disk, or any other problem that requires a subsequent intervention.
For the implementation of automatic restarts requested from the control panel is correct, it is necessary that the dedicated server running a specific software can be installed by DOMIHOST or by the client, following the instructions DOMIHOST you provide.
DOMIHOST default software installed on dedicated servers.
In the event that is not configured in Dedicated Server, customers can apply by sending an email to the address
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.
If you want to reboot the client supervised (manually), you must intervene and a Systems Technician his performance bonus will be deducted from your Remote Hands.
3.15 Data traffic on the Internet: each server comes with a number of transfers or bandwidth (to choose one or the other) and there are expansion plans for both.
In the event that insufficient, customer choice is to hire more transfer or move to a flat rate system with a guaranteed bandwidth that avoids having to pay any excess consumption.
Dedicated Server includes a default transfer, which varies depending on the model chosen model.
3.16 With respect to the Software License "Plesk Panel" DOMIHOST supplied, the customer acknowledges the ownership of "Parallels Holdings, Ltd." on all intellectual property rights holds on it. The customer must observe the terms of such license and respond to the peaceful use of it.
"Parallels" and "Plesk" are trademarks of Parallels Holdings, Ltd. ", used under permission. It is not allowed to use them without proper authorization.
3.17 EXTENSION IS AND ADDITIONAL SERVICES Dedicated Servers available for:
Clients may contract a number of enhancements and additional services for your dedicated server.
On our website, http://www.domihost.es/ as well as in BC, you can consult a detailed and updated description of them.
3.17.1 EXTENSIONS
a) Transfer or bandwidth.
You can use any of the two systems and you can change from one to another.
Each Dedicated Server comes with a number of transfers or bandwidth (to choose one or the other) and there are expansion plans for both.
Transfer (GB): Allow an unlimited bandwidth for the server and is measured (in gigabytes) the amount of data transferred from server to Internet. If the total data transferred in a given month is over to the server, you must hire a transfer scheme or transfer to pay the excess consumed.
Bandwidth or guaranteed flow (Mbps): Put a limit on the maximum speed (in Mbps) at which the server can connect to the Internet and freeing up the data transfer. The cost is always fixed and independent of the transfer to occur.
You can hire as many plans for expansion of transfer or bandwidth as needed.
Traffic exceeding the transfer contract shall be deemed an "excess of transfer." The gigabytes consumed in excess will be billed at 2 € / GB (in steps of 1 GB minimum).
b) Hardware.
DOMIHOST allows for variations in the standard hardware dedicated servers, such as enlargement of the RAM or hard drive size.
The request to extend the desired hardware, should be done along with the request for discharge from the Dedicated Server. For future extensions should consult the Sales Department (
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).
On our website, and the BC http://www.domihost.es/ is a detailed and updated description of the hardware upgrades allowed for each dedicated server model.
c) Plesk Panel:
- Domain hosting:
The customer may increase the number of domains hosting you can register, and therefore manage, through the management control panel Plesk dedicated server for your dedicated server, depending on the available extensions whose information is available at http://www.domihost.es/ and in BC.- Power Pack:
Consisting of a package of added functionality that the customer can install on your dedicated server.
d) Additional IP addresses.
While dedicated servers include a fixed IP address, the customer may request IP address pool:
Be available free of charge, a second IP address to use your server as DNS.
Free get a fixed IP address if you hire a security certificate (SSL) through DOMIHOST to your server.
However, the customer may request, at a cost of 5 € / month, additional fixed IP addresses need for other security certificates (SSL) contracting with DOMIHOST. In these cases, the customer should be aware that if you proceed to terminate the Security Certificate (SSL), you must also handle the low IP address associated with it, because otherwise this additional IP billing will continue.
This IP address must be for the use of the Security Certificate (SSL) for the assignment. Otherwise, DOMIHOSTse reserves the right to shoot it down.
The IP addresses assigned for use Certificates (SSL) may only be used in those Certificates that have been hired through DOMIHOST.
The customer must bear in mind that the number of IP addresses in different types of dedicated servers mentioned are available for use by any of the domains and / or subdomains that are part of it.
If you need an IP address for other purposes, provided that such use is justified under the criteria DOMIHOST and RIPE (coordinating body for the IP address space in Europe), may request from BC, on payment of the sum mentioned .
e) Control of malicious code.
It is a service offered by DOMIHOST through which analysis is performed to detect malicious code or malware on the server hired. The customer may request payment of the sum mentioned, through its BC.
The customer must bear in mind that Malware Control service can only be installed on servers that have a supported operating system as provided in the Contract Malware Control, to govern the service and is available for http://www.domihost.es/ consultation
ADDITIONAL SERVICES 3.17.2
3.17.2.1 Services
a) Backups.
This service is charged on depending on the size of the backup in GB, calculated as the average of occupied space in the backup server for each full copies of customer data that have been made along the month. The customer can check the rates applicable in http://www.domihost.es/.
If the backup exceeds the GB included in the contract plans will be billed for excess consumption for each extra GB according to the prices displayed on the BC.
Features backup system:
The copy is done at night during periods of low server activity to not interfere with their normal duties. The customer will choose the directories and file types you want to make copies.
We performed a weekly full backup and daily incremental backups.
Copies remain available for at least a month, but there is no guarantee that any backup older than a month.
They keep copies of the last 30 days, so it is possible to restore data as they existed at the time of copying any of the previous 30 days. The previous full backup plus incremental to the day requested, allow such replacement.
The necessary data restores are included in the price of the service.
DOMIHOST not guarantee the total replacement of the data due to errors can occur for reasons beyond DOMIHOST as hardware faults or bugs you copy software that makes
b) Customizing Firewall.
You can hire a personal Firewall Plan, which includes 10 own rules and the ability to make a request to change the month.
c) Application records for wholesalers.
Application for registration of domain names for wholesalers who can register domain names quickly and with special prices for volume. Available from the Control Panel Server.
d) Remote Hands.
The customer has at their disposal, DOMIHOST technician will connect your site to dedicated server its instructions and communicating the answers that come on screen.
Remote hands bonds are available in the manner described on the web, http://www.domihost.es/. Do not have an expiration date and consumed in minimum units of 15 minutes or 30 minutes at night (from 23:00 to 07:00), weekends and holidays.
These bonds can be activated from the control panel. Each bond is associated with the customer, who can use them for any dedicated server you are contracted in DOMIHOST.
Remote hands service in their price does not include the cost of the phone call, to be provided exclusively and entirely by the client.
The customer authorizes the telephone conversation with the technician to be recorded, with the sole purpose of providing a better service.
In no event will DOMIHOST responsible for the consequences generated by the execution of the instructions transmitted by the client.
e) management systems.
The customer has at their disposal a DOMIHOST systems technician when you need it. The work is charged on minimum units of 15 minutes at 60 € / hour and 90 € / night time hours (from 23:00 to 07:00), weekends and holidays.
f) Installation of additional software.
You can install additional software if it meets the specifications of safety and compatibility with the software installed on the server.
The installation must be performed by our system administrators, so that will be charged according to their fee.
g) Security Certificates (SSL).
The Security Certificate (SSL) allows you to have a secure website where users can exchange information safely, ensuring authentication, confidentiality and integrity of data transmitted over the Internet.
DOMIHOST be responsible for the application, management and SSL certificate renewal for selected domains. If the customer wants DOMIHOST handle SSL Certificate installation on your computer, you must hire additional service systems management.
DOMIHOST not be liable for delays, for reasons solely attributable to the client or the certification body, occur in the use of SSL Certificate hired.
Similarly, the customer shall be responsible for the consequences of any kind that may arise from the installation / uninstallation.
The cost of each SSL Certificate depend on the model chosen from those offered by DOMIHOST at that time in their website.
Payment will be made in advance, either by transfer or by DOMIHOST POS and take no action until the payment is the service.
Secure Certificates (SSL) DOMIHOST be governed by the provisions of its Contract web and corresponding http://www.domihost.es/ published.
3.17.2.2 Software:
a) Urchin Statistics for multiple domains.
You can hire the Urchin statistics system for multiple domains in the form of service under the following conditions:
The price includes all updates to new versions, security patches, etc..
b) Microsoft SQL Server.
The Microsoft SQL Server on any server running Windows either via a software license for this belongs to DOMIHOST, by facilitating the client's own license of SQL Server.
If the customer chooses to use a SQL Server license belonging to DOMIHOST, you can choose from any of those published in: http://www.domihost.es/.
In those cases where a license is available in SQL Server itself can send DOMIHOST, the disc to be put in the CD Server and the client to perform the installation remotely. May also be recruited installation as prices for the optional resource management systems.
The customer must have the necessary original licenses. DOMIHOST at any time, request the customer, evidence of their ownership over them, as stated in Clause 7.14 of this contract.
It should be noted that Microsoft requires that the licenses used for SQL Server hosting reselling of any kind with a monthly rent to the number of CPUs on the server. You can hire this type of licenses DOMIHOST.
Windows operating systems may have limited recognition of hardware resources. More information at http://www.microsoft.com/.
FOURTH .- PRICE AND PAYMENT
4.1 The high price of Dedicated Server is a flat fee of 75 euros.
For contracts annually, Dedicated Server discharge is free.
4.2 The exact price Dedicated Server hired by the client is detailed in the invoice, for the hiring of the same and the budget contained in Annex II of this contract, for custom hiring solutions.
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 .
4.3 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.
4.4 Frequency of payment: The payment of the dedicated server is monthly or annually, depending on customer needs at the time of recruitment.
Additional services and upgrades will be billed according to the frequency chosen by the customer during their employment. Annex I of this contract, specify the extensions and additional services available for dedicated server chosen by the customer.
4.5 Method of payment: It is mandatory to advance at the time of the server implementation, a single payment for the amount of discharge over the first installment for the frequency of payment chosen by the customer, ie the first month in the case of monthly or the first year in the annual event.
This advance payment will be made by bank transfer, credit card or direct debit.
The subsequent periodic payments for service renewals, are made in advance by debit or credit card.
When the payment system chosen is debit or credit card, the customer consents and authorizes DOMIHOST to make charges of amounts, according to the method of payment and the data supplied to it during the contract.
At any time, the customer may modify the form of payment and / or its associated data through your Client Area.
This advance payment will be made either by credit card or by bank transfer or by direct debit. The data needed to make the bank transfer are given in the order form when you choose this payment option. The customer must send the transfer receipt by fax, the number 941 204793 , or scan to e-mail address
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.
Moreover, in the case of hiring solutions, the client must send personalized budget signed by the means indicated in the preceding paragraph, Annex II as part of this contract, which accepts the appointment of its server Dedicated.
The subsequent periodic payments for service renewals, are made in advance via direct debit to current account ownership of customers whose data are provided in the contract form.
4.6 DOMIHOST emitirá an invoice with details of all the concepts that make up that invoice.
The start date of billing will be the day of implementation of the Dedicated Server, as set out in clause 5.1.
4.7 refers DOMIHOST 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.
4.8 In each bank return occurs due to causes attributable to customer DOMIHOST charged an extra fee of 6.01 euros.
4.9 DOMIHOST reserves the right to temporarily suspend service 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.
Failure to pay for extensions or additional services will cause major disruption of service.
In the case of Dedicated Server off for nonpayment, will be eliminated all data associated with it. If rehired dedicated server that should enlist all the data again. The recovery of some of these earlier data, in cases where possible, should apply to the technical department DOMIHOST payment of their services for an amount of 60 € / hour.
4.10 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 to rise in Dedicated Servers, 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.
4.11 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 service, except in cases where due to the nature of the benefit is not possible to do, having already enjoyed by the customer. Also, the customer must pay the amount for consumption in excess of the allocated transfer to your server, made during the period has been active in the dedicated server.
Outside the warranty period referred to this section, the customer is not entitled to refunds for voluntary early termination of the service.
Because of the characteristics of security certificates, the client is not entitled to refunds for voluntary redundancy and early thereof, respecting in any case, nothing about the current legislation on consumers or users.
FIFTH .- ENTRY INTO FORCE AND DURATION OF THE CONTRACT
5.1 This contract shall enter into force on the date of service activation, ie when the customer has the ability to access the use of dedicated server receiving e-mail start-up with indications of access, and the invoice and the general contractor for Dedicated Servers involved.
5.2 The contract will last monthly or annually, whichever was the customer's choice at the time of recruitment and be extended for the same period to pay 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.
5.3 The Customer or a user authorized thereto by him may request removal from the contact section of BC, sending a message to
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, with at least five days. This will occur on the day indicated by the client to be effective, provided it is received in sufficient time to manage it.
SIXTH .- DOMIHOST 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 service can be developed for 24 hours a day, 7 days a week in the safest possible way except for incidents which occur outside DOMIHOST 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 commitments breach 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 for the service during the period of interruption.
6.4 In no case accept liability DOMIHOST derived from data loss, business interruption or any other damages resulting from the operation of dedicated servers for not meet these customer expectations.
6.5 The access and use of dedicated 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.
6.6 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 misuse (the customer's responsibility).
6.7 DOMIHOST unlimited warranty proper functioning of the Dedicated Server hardware with replacement in case of failure.
6.8 DOMIHOST not responsible, nor accept any claims from the customer or third party, 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.
6.9 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, versions of operating systems that it considers most appropriate each time (preferentially in Castilian language or otherwise, in English).
6.10 contracts DOMIHOST offers its products, the recruitment process and information posted on its website exclusively in Castilian language.
6.11 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 as set out in clause 4 of this contract.
7.3 Conditions of service use: The use Dedicated Server contrary to good faith, public policy, 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.
The use of dedicated server 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 By contracting this service, the customer agrees to monitor the consumption 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 on the daily flow and accumulated in the month. Identify systems transfer DOMIHOST consumed by each server through a tool (developed by parties other than DOMIHOST) that monitors network traffic leaving the Dedicated Server.
At any time, the customer will know the consumed transfer, setting the programmed automatic notices by e-mail and / or SMS from your control panel and power and take appropriate action.
7.5 The Client 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, or receive any messages of this nature, exonerating DOMIHOST of any responsibility.
7.6 The customer acknowledges having decided on dedicated server model is best suited to your needs and has been informed by DOMIHOST properly.
7.7 The Customer warrants that use the dedicated server in accordance with the specifications and technical constraints, without this causing any harm to use server resources or system software.
7.8 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.
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 and / or the Control Panel.
Will be the sole responsibility of the customer, obtaining necessary approvals of the holders of different email accounts, to which the BC and / or the Control Panel allow you to send alerts and notifications of various types, including invoices, contacts customer care, access passwords and configuration details. Similarly, the customer must assume the consequences of any kind that may arise from the omission of such information.
7.9 The client has full responsibility for the use and content of your Dedicated Server, the information transmitted and stored in their farms, hypertext links of third party claims and legal actions that can trigger across a reference to intellectual property rights and the protection of minors.
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.
7.10 The customer is solely responsible for the administration of the software (including for the operating system) and applications that it installs on your server (both personally and through the additional service DOMIHOST Systems Management), as well as effects they may have on the standard pre-installed software or configuration of the machine in cases where this option is feasible, assuming no DOMIHOST, therefore, any kind of responsibility.
In the event that there is any conflict could only DOMIHOST reinstalling the server and control panel by removing all data and settings that the client may have, with a presentation of the technical department, which would be billed to the customer.
7.11 In the time that the client can request and obtain the passwords of your Dedicated Server Manager, DOMIHOST leave in charge of server management from any liability arising directly or indirectly from its operation.
Consequently, the customer will become the sole administrator of the Dedicated Server and will be solely responsible for the operation.
7.12 The customer declares to be informed that:
The service includes the rental of a server, whose characteristics are specified in Annexes I and II of this contract.
The server will be in all cases DOMIHOST property.
At no time, the client can physically access the Dedicated Server.
DOMIHOST shows the values of hardware capabilities (megabytes / gigabytes / terabytes) in accordance with the technical specifications provided by the manufacturer and depending therefrom may come expressed in binary (kilo = 210) or decimal (kilo = 103). Accordingly, you acknowledge and agree that the final capacity of the hardware may differ in part from that expressed in the website and / or contract depending on which format is the calculation used and should take this into account in calculating their needs .
Some operating systems will be installed only in English. If in doubt, consult DOMIHOST recommended prior to employment.
7.13 The customer accepts the configuration chosen for your dedicated server and understands that any subsequent amendment thereof, if feasible, shall be considered an additional service, billable separately.
7.14 Both in cases where the software is installed on the dedicated server DOMIHOST by hiring Systems Management Service by the customer, as if it is the client who makes such a facility, the need, in advance, the original license of the program and, in the first case, the technical department of DOMIHOST.
The client must always have the original software licenses needed, including those for OS. DOMIHOST at any time, request the customer, evidence of their ownership over them.
DOMIHOST not responsible for the consequences of this failure could generate liability to third parties.
The customer should be aware that although not all operating systems need to be licensed, depending on which has been chosen by the customer may be required to have its corresponding original license or because the rent through DOMIHOST or that either of your property.
7.15 The customer agrees to keep operating, active and updated e-mail address provided at the time of recruitment to DOMIHOST communications, since it is the preferred media for DOMIHOST agile and fluid in the provision of service because of the contractual relationship through this contract binds us.
If the client wants to change the email address provided at the time of recruitment and contact address must do so through the BC, with measures such authentication own request, so that at no time be interrupted communication between the two 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.
7.16 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.
7.17 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.
7.18 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.
7.19 The client must meet all obligations are set out along the entire contract but not collected specifically in this clause.
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 the suspension by this circumstance is 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 the contract.
9.2 If the customer's failure was due to the termination 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 Dedicated Server 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
10.1 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 about the same.
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 Dedicated Server, the computer programs necessary to provide the service nor technical information service trace, except for the 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.
10.2 In relation to software licenses, the customer uses for Dedicated Server through DOMIHOST, the customer acknowledges the ownership of their manufacturers / suppliers of all intellectual property rights that may bear on the same . The customer must observe the terms of such licenses and respond to the peaceful use of them.
Customer acknowledges and agrees that such licenses trademarks are property of their manufacturers and / or suppliers and may be used only with your authorization.
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 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.
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, 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 Dedicated 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 dedicated server, other services and systems management, 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 customer service.
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.
