On the one hand, Arsys Internet S.L. (Hereinafter Domihost.es), NIF: B-85294916 and registered office at C / Chile n º 54 of Logroño, 26 007 (La Rioja), limited liability company incorporated in Madrid before the notary D. Ignacio Martínez-Echevarría y Ortega, entered in the Register of La Rioja, Volume 681, Book 0, Folio 129, Section 8, Page LO-12 326.
On the other hand the contractor, person or entity completing the contract form, which appears in www.Domihost.es/, with the data required and which establishes a business Domihost.es through this contract. The contractor knows, understands and freely accepts, following reports of the characteristics of each service, this contract.
Both parties, Domihost.es and client, are interested in executing this contract accepting the terms and conditions set forth in the following
FIRST .- DEFINITIONS
Domihost.es: 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 a Cloud Server Basic 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 the Basic Cloud Server hired by the client, collect to-date, specifically, in the URL http://www.Domihost.es/, forming a unitary whole that binds the parties.
Commercial content, information resources, features and prices of basic Cloud Servers is manifested in the web http://www.Domihost.es/ prevail over contained in this contract, especially as regards all matters not mentioned above (commercial content) shall prevail in this contract.
Resources: a set of technical and computer programming facilitated and supported by the Basic Cloud Servers that the client can hire.
Server Control Panel: a tool that is awarded each Domihost.es Basic Cloud Server for management and administration by the client and server resources available to the contracted product.
Appliance: software package that is usually included with an operating system. Domihost.es available to the client, a list of appliances with various OS you can install on your Cloud Server Basic.
ISO: copy or exact image of a filesystem, usually a compact disc (CD or a DVD). Domihost.es offered through this system, recommended for experts, a list of ISOs with various OS you can install on your Cloud Server Basic.
Snapshot or restore point: tool to return to a particular state previously saved on the server. This is not a backup, but a distinct writing data from a given time.
Management Console: tool available in the Control Panel Server that allows customers to, among other features, access to manage your server and installing the software you need.
Client area (AdC) tool developed by arsys.es 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 access control panel and make authenticated requests, 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 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. arsys.es 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 Cloud Server Basic, providing this service Domihost.es and set the conditions and form of remuneration from the client to Domihost.es.
The conditions contained in this agreement shall apply to all Basic Cloud Servers, regardless of the custom settings chosen by each customer through every time.
Other benefits, services, applications or options may be offered for customer Domihost.es through contracts or other marketing communications as well as the provisions of http://www.Domihost.es/ web.
PRODUCT FEATURES THREE .-
3.1 The Basic Cloud Server hosting is a service tailored to customer needs, consisting of an integrated server hardware in a complex platform that manages the set of Basic Cloud Servers that share infrastructure.
Every Cloud Server Basic is an autonomous system with its own management and configuration, operating independently from the rest of Basic Cloud Servers.
3.2 The client determines the configuration of your Server Core Cloud based on your needs, choosing the volume of the four main resources, extensions and additional services, from among those offered by Domihost.es at that time.
There are four basic types of resources that define the service, which are listed below:
CPU: understood as the number of cores (processors) chosen.
Memory: amount of RAM available.
Drive: Select the required disk size and disk type from the following:
Standard: SATA technology.
Fibre Channel: most advanced drive technology that allows a speed of input / output (I / O) higher.
Transfer: GB monthly volume on the server can consume.
The unit prices of these resources, along with the extensions and additional services contracted by the client, make up the final price of the Basic Cloud Server. These amounts will be available in updated form in www.Domihost.es
3.3 The client must take into account the resources, extensions and additional services you hire, always full and never will be incremental, ie they will not accrue to each other.
Also, be associated with a particular Basic Cloud Server, and may not be used for others. Therefore, if the client has several Basic Cloud Servers, you must hire an individual basis for each of them.
Cloud Servers Basic 3.4 The purpose of this contract provide for, among other resources, a Server Control Panel, from which the client can manage and administer resources and applications specific to your Server Core Cloud and in particular:
Installation of appliances or ISOs
Turn off, turn on and restart the server.
Access management console.
Create snapshots (restore points).
Transfer access tables consumed.
Manage the ads.
Cloud Server Basic 3.5 The standard configuration includes a Firewall Domihost.es. 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.es Firewall restrictions on the number and type of access to the server to avoid, as far as possible, attack or harm in the delivery of service to own server and other customers. Consequently, if this configuration does not meet customer needs, it may consult with the Department of Business Information Domihost.es (
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) to discuss the need to hire Custom Firewall service.
3.6 The Basic Cloud Server includes a fixed IP, and has the ability to enable a second IP for free to use your Cloud Server Core as a DNS server. The client may hire additional IP addresses as long as their purpose follows the criteria and those of Domihost.es RIPE.
3.7 The Basic Cloud Server provides the ability to make a restore point snapshot or server status at a particular time. The maximum time which may be retained will be 3 days. After this time will be deleted automatically, consolidating the changes after its creation, without being able to return to previous state.
3.8 The customer may install the OS as it deems necessary for Cloud Server Basic (always respecting the technical requirements) through two ways:
By installing automatic one offered by Domihost.es Appliances with a variety of operating systems, through Domihost.es acquiring licenses you might need.
Using a manual installation or ISOs images, where you can add your own software licenses.
The customer must bear in mind that the installation of an appliance will deleting the previous contents of the server. Once installed, either through an appliance or an ISO, the client and server administrator will be responsible for the management, maintenance and updating of the software.
Domihost.es recommended, select 'Format server "when installing an ISO, for the release both technical and administrative licenses in use at that time, otherwise, remains active at the administrative level and consequently, continue to bill the sum mentioned. By choosing the option 'Format server' when installing an ISO will remove all the contents of the server.
3.9 The Customer must accept and respect the provisions of the licenses of each one of the applications you install on your Cloud Server Basic. The applications are delivered as they are not accepting complaints about them.
Domihost.es not provide technical and functional support for these applications, beyond that already offered support for Server Core Cloud hired.
Domihost.es 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 Cloud Server Basic.
Domihost.es reserves the right to offer the version of the applications most suitable, and to modify at any time, applications are available depending on the new versions or vulnerabilities detected, without notice to the client such changes, sufficient to publish them in your Control Panel Server.
3.10 The client must always have the original software licenses needed, including those for OS. Domihost.es at any time, request the customer, evidence of their ownership over them.
Domihost.es 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 . that is either owned either.
3.11 EXTENSION IS AND ADDITIONAL SERVICES Cloud Servers available to Basics:
Clients may contract a number of enhancements and additional services for Basic Cloud Server, which can vary depending on customized settings that the client has made of it. The website is available www.Domihost.es date and detailed description thereof, and their fees.
3.11.1 EXTENSIONS
a) Resources.
The customer may at any time increase the resources contracted for Cloud Server Basic from AC, depending on their needs, according to the published unit price in www.Domihost.es/ and included in this Agreement and its Annexes.
Resources are scalable: CPU (processor), RAM, disk space and type (Standard and Fibre Channel) and Transfer.
These extensions are performed according to the steps defined in the enlargement process.
b) Additional IP addresses.
Although the Basic Cloud Server includes a fixed IP, 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.es, for Cloud Server Basic.
However, the customer may request, at a cost of 5 € / month, additional fixed IP addresses need for other security certificates (SSL) contracting with Domihost.es. 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, arsys.es reserves the right to shoot it down.
The IP addresses assigned for use in SSL Certificates may only be used in those Certificates that have been hired through Domihost.es.
The customer must bear in mind that the fixed IP address included in the Basic Cloud Server is offered 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.es and RIPE (coordinating body for the IP address space in Europe) may apply from your AC on payment of its corresponding amount specified in www.Domihost.es/.
c) Control of malicious code.
It is a service offered by arsys.es 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 www.Domihost.es consultation
ADDITIONAL SERVICES 3.11.2
3.11.2.1 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.
If the backup exceeds the GB included in the contract plans will be billed for excess consumption for each extra GB.
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 select directories and / or types of files 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.es not guarantee the total replacement of the data due to errors can occur for reasons beyond Domihost.es as hardware failures or errors made copies of software that performs.
b) Customizing Firewall.
Although each Cloud Server Basic includes a standard Firewall service, the client 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) Administration of systems.
The customer has at their disposal a systems technician arsys.es, when needed. The work is charged on per hour in minimum units of 15 minutes, at 60 euros / hour and 90 € / night time hours (from 23:00 to 07:00), weekends and holidays.
e) Certificate (SSL)
The security certificate 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.es be responsible for the application, management and SSL certificate renewal for selected domains. If the customer wants Domihost.es handle SSL Certificate installation on your computer, you must hire additional service systems management.
Domihost.es 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.es at that time in their website.
Payment will be made in advance, either by transfer or by Domihost.es POS and take no action until the payment is the service.
Secure Certificates (SSL) Domihost.es is governed by the provisions on the website and in relevant Contract, published in www.Domihost.es
3.11.2.2 Software:
a) N.A. Licensing: Windows and Linux
Domihost.es offers customers the opportunity to rent and install on your server licenses Basic Cloud major operating systems under both Windows and Linux.
The customer can choose the desired license from those published in www.Domihost.es
It will also be installed through an ISO, the original licenses available to the client. Domihost.es at any time, request the customer, evidence of their ownership over them.
b) Plesk Panel:
- Domain hosting:
The customer may increase the number of domains hosting you can register, and therefore manage, through the Control Panel of your Server Cloud Servers Basic, depending on the extensions available at the time, in www.Domihost. is
- Power Pack:
It consists of a package of added functionality that the customer can install on your server where Basic Cloud previously installed Plesk Panel.
c) for multiple domains Urchin Statistics
Clients may contract a license system for multiple domains Urchin Statistics for Cloud Server Basic, with the following conditions:
The price includes all updates to new versions, security patches, etc..
It will be possible to expand the number of domains administered with Urchin license, hiring additional domain packages according to their needs.
d) SQL Server
The Microsoft SQL Server on any server OS Basic Cloud Windows Server Standard Edition, either through a software license for this belongs to Domihost.es, by facilitating the client's own license of SQL Server.
If the customer chooses to license SQL Server belonging to Domihost.es, you can choose from any of those published in: www.Domihost.es
If the client has the necessary licenses and original in your Cloud Server uses Basic, must prove their ownership over them when required by Domihost.es
3.12 The general technical characteristics, extensions and additional services available for Cloud Servers Basic contract and the price to be paid by them are constantly updated in the URL www.Domihost.es
3.13 The modifications made in the available features for each Cloud Server Basic is governed by the provisions of clause 15 of this contract.
In any case, deemed notice any changes affecting the Basic Cloud Servers or affecting the provisions of this contract, with the publication of such changes on the website of Domihost.es.
FOURTH .- MODIFICATION OF SERVER RESOURCES CLOUD CORE
4.1 The client who has hired a Cloud Server Basic with arsys.es can change just the main resources (CPU, memory, disk and transfer), either upward or downward, from among those offered at the time by Domihost.es, from AdC.
The change will take place from BC, either by customer or by an authorized user to which the client has sufficient permissions granted.
4.2 No reductions will be possible disk space automatically.
To make any changes to the configuration of resources, except for the transfer, the customer must keep your server down while processing the change.
In any modification of your server resources Cloud Basic, the client must meet the technical specifications of Domihost.es, the latter is not liable for the consequences of any kind that their omission could generate.
4.3 All extensions of resources, CPU, memory and disk are applicable to the current month and are billed from the time of hire. If the client requests the reduction of some of the resources, technical level will be effective automatically and included in the next bill is issued for the Basic Cloud Server product.
In terms of resource transfer, since its volume is measured and applied per calendar month, proceed as follows:
Changes made during the calendar month and before the billing date of service: technically apply current calendar month and included in the next bill is issued of the product.
Changes made during the calendar month and after the billing date:
If it's an extension, technically apply current calendar month and generate a corrected invoice for the total amount of the resource above transfer, along with an invoice for the new value of the resource.
If it is a reduction: the change will not apply until next month, both technical and billing, as its accounting is always done in the calendar month.
4.4 As a result of increased CPU resources, memory and disk in the Basic Cloud Server will generate a corrected invoice to the client, for the amount paid and not consumed in the previous appeal 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. Similarly, it will generate a new invoice for the amount of new resources released to the days left on the current month.
FIFTH .- BILLING AND PAYMENT
5.1 The Cloud Server high Domihost.es Basic and access to your Control Panel corresponding server are free.
5.2 With the availability of the Basic Cloud Server that gives rise to this contract, the customer must pay in advance for the price Domihost.es customization you made to your server, according to the published rates at that time www.Domihost .'s and incorporated in this Agreement and its annexes.
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 final price of each Cloud Server Core will be determined by the sum of the fees for the four packages of resources, extensions and services that the customer has contracted freely from among those offered by Domihost.es at that time .
5.4 If the customer exceeds the transfer contract for Cloud Server Basic exceeded the amount payable at the rates established by sections www.Domihost.es. The customer must control the flow transferred through indicators Server Control Panel, having the ability to set alerts to inform him before exceeding the threshold contract.
5.5 The amounts referred to in this Agreement, its Annexes and www.Domihost.es not include Value Added Tax (VAT). In any case, the customer must pay the VAT on the product purchased.
5.6 The payment intervals will always Cloud Server Basic monthly.
Extensions and additional services contracted for Cloud Server Basic shall apply to the current month, as provided in clause 4.3 of this contract. Your monthly billing will also coincide with the date of billing for global, except for the Security Certificate (SSL) to be paid yearly.
If you request removal of any extension and / or additional services, it will take effect automatically at the technical level and are not included in the next bill is issued for the product.
5.7 Payment: The payment of resources, extensions and additional services contracted for Cloud Server Core, both in their first contracts and in any subsequent renewals will be provided in advance through either payment that Domihost.es offers its products direct debit and credit card. By selecting one of these options, the customer consents to and authorizes Domihost.es 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, by applying through your Client Area.
In the first recruitment Cloud Server Basic, this advance payment will be made either by credit card or by bank transfer.
The data needed to make the bank transfer are given in the order form when you choose this payment option.
If payment is made by bank transfer, the client must send proof of the same, either by fax to 941286665, or scan to e-mail address
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.
Domihost.es not proceed to begin the steps of preparing the Cloud Server Basic contract until the customer receives the amount of such services by the means of payment indicated.
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.
5.8 Domihost.es issue an invoice with details of all the concepts that make up that invoice.
5.9 refers Domihost.es 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 , guaranteeing the authenticity of the origin and content integrity.
5.10 each bank return occurs due to causes attributable to customer Domihost.es charged an extra fee of 6.01 euros.
5.11 Domihost.es 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. Domihost.es assumes no liability for data loss that might occur as a result of the temporary suspension of service.
Non-payment of the extensions and / or additional services will cause major disruption of service.
In the case of Basic Cloud Server off by default, will delete all data associated with it. If rehired the Basic Cloud Server should enlist all the data again.
5.12 The amount of the prices stipulated on the web www.Domihost.es and collected in this Agreement and its Annex I, may be subject to review by Domihost.es. 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.es carry out a change in prices upward Basic Cloud Servers, customers will be notified prior to such modification being affected by the change in the next invoice being issued, so that if agree to accept the change exercising the right to terminate this contract without paying any additional amount to maintain its share Domihost.es 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.
5.13 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.
The warranty covers the principal amount of resources (CPU, memory, disk and transfer), and license the operating system that the customer had contracted simultaneously your Cloud Server Basic, excluding other items not specifically mentioned in this clause .
Following the exercise of this right, Domihost.es 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 or the client for breach of the terms of this contract.
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 Cloud Server Basic.
Outside the warranty period referred to this section, the customer is not entitled to refunds for voluntary termination of the service in advance, except in those cases where the legislation so provides.
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 end users.
SIXTH .- ENTRY INTO FORCE AND DURATION OF THE CONTRACT
6.1 This contract shall enter into force on the date of its execution, ie when the customer has the ability to access your server using Basic Cloud.
6.2 The contract duration will always be tacitly extended monthly payment with the next bill. Not be terminated while the client or an authorized user to which the client has sufficient permissions granted, have not expressed down through the forms listed in paragraph 6.3.
In each renewal not send a copy of the contract, understanding the ever-present www.Domihost.es published on the website that collects most current version.
6.3 If the customer or a user authorized thereto by him, personal errands down from the BC, it will automatically occur on 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.es, 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.
6.4 The resources, extensions and / or additional services contracted for Cloud Server Core can be enabled or disabled at any time while it is active and familiar with the payment, however the fact disable it before the expiry of the period time is paid in advance no refund of the portion not consumed. If you request removal of some resource, expansion and / or additional services, shall be governed as provided in clause 4.3 of this contract.
SEVENTH .- DOMIHOST DUTIES AND RESPONSIBILITIES
7.1 In its relations with the customer, Domihost.es should exercise due diligence in the use of its business, loyally and in good faith.
Domihost.es 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 manner possible exception of the incidents that occurrence beyond the control of Domihost.es.
In this sense Domihost.es reserves the right to terminate the service contract based on technical repairs and maintenance of equipment and for improving the services themselves.
Domihost.es is not responsible for what is exclusively attributable to the customer.
7.2 Domihost.es can not guarantee the availability of Basic Cloud Servers is 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 Equally, as shared resources, Domihost.es not assume any liability arising from technical problems by third parties.
7.4 percent, the client expressly disclaims any liability claim, contractual or tort damages Domihost.es for possible failures, delays or errors in access to and use of the service.
7.5 No Nevertheless, if Domihost.es breach commitments made in this contract by providing an inefficient service for a continuous period exceeding 24 hours, the responsibility will be limited to Domihost.es rata refund of the money collected for the service during the period of interruption.
7.6 The Basic Cloud Servers is a server product consisting of a complex integrated hardware platform that manages the set of Basic Cloud Servers that share infrastructure. For this reason, arsys.es 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 resources or any other deterioration that slows down the platform 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.es 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 Cloud Server Basic.
7.7 Domihost.es unlimited warranty proper functioning of the hardware that is hosted Cloud Server Basic, with replacement in the event of failure.
Domihost.es 7.8 does not back up the contents and / or Basic Cloud Server snapshots, nor be liable for loss or accidental deletion of data included in this. Similarly, Domihost.es not guarantee the replacement of such data.
7.9 In no case accept liability Domihost.es derived from data loss, business interruption or any other damage caused by the operation of the Basic Cloud Servers and / or failure to meet these customer expectations.
7.10 The access and use of Cloud Server Basic is the sole responsibility of the customer, so that Domihost.es not responsible in any way (directly or subsidiary) for any direct or indirect, that may cause the client to third parties.
Domihost.es not assume any responsibility for the actions that the users created and authorized by the client could perform. Similarly, arsys.es not responsible for the orders had been executed in response to requests that such users could be done through the BC.
7.11 Domihost.es 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 when active maintain this data.
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.
7.12 Domihost.es not responsible:
The content hosted in the space allotted to the client for Basic Cloud Server.
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.es reasonable measures of protection.
Faulty configuration by the customer.
The misuse (the customer's responsibility).
7.13 As a result of technological advances and with the sole purpose of ensuring the quality of security services and the provision thereof, arsys.es reserves the right to install on their servers, versions of operating systems that consider most appropriate at any time (preferentially in Castilian language or otherwise, in English).
7.14 contracts Domihost.es offers its products, the recruitment process and information posted on its website exclusively in Castilian language.
7.15 Domihost.es 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 of service use: The use Cloud Server Basic 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 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.
Cloud Using Basic 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 .
8.4 By contracting this plan, the customer agrees to:
Save on your own backup of the files Basic Cloud Server to replace them if necessary.
Monitor the consumption transfer to take action if it believes that its increase is excessive. To this end, the customer has, in the Server Control Panel, so-called "use tables" updated daily, in which information on the daily flow and accumulated in the month. Identify systems transfer Domihost.es consumed by each server through a tool (developed by parties other than Domihost.es) that monitors network traffic leaving the Basic Cloud 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.
Maintain operational, active and current email address provided in the contract form for communication with Domihost.es, since it is the preferred media for Domihost.es agile and fluid in the delivery of the plan as requested consequence of the contractual relationship through this contract binds us.
If the client wants to change the e-mail address provided in the contract form and contact address must do so through the AC, with measures such authentication own request, so that at no time be interrupted communication between both parties Contracting.
Domihost.es 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, and by the disinformation alleging customer due to negligence in maintaining the assets of that fact.
8.5 The customer acknowledges having decided what Cloud Basic Server configuration is best suited to your needs and has been informed by Domihost.es properly.
8.6 The customer guarantees that the server uses Basic Cloud accordance with the specifications and technical constraints, without this causing any harm to use server resources or system software.
8.7 The Customer acknowledges and agrees that the software installation, modification of some resources and the hiring of additional services or upgrades may require restarting or reinstalling the server for proper operation. Domihost.es not assume any responsibility for the consequences that might arise from such actions, including loss of data, the consequences are exclusively attributable to the customer.
8.8 The customer is solely responsible for:
managing your Cloud Server Basic
applications that it installs on your server, and the effects they may have about standard pre-installed software or configuration of the machine in cases where this option is feasible,
of the problems that may arise on your server, especially those related to security measures should have adopted.
In those exceptional cases where there is any conflict could only Domihost.es reinstalling the server and the Server Control Panel, removing all data and settings you may have the server, with a presentation of the technical department, which would billed to the customer, in accordance with current rates published for the service www.Domihost.es Systems Management.
Consequently, only Domihost.es responsible for the availability of physical infrastructure, network and physical host server for the Basic Cloud.
8.9 The customer is solely responsible for the use and conservation of the login and password control panel web server, the administrator access to the server and access to AC, and identifiers that are needed for access to these tools and Domihost.es contrasting allow authentication and facilitate client access 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 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.
8.10 The client has full responsibility for the use and content of the Basic Cloud Server, the information transmitted and stored in their farms, hypertext links of third party claims and legal actions that can trigger the entire reference intellectual property, personal 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.
8.11 The Customer indemnifies Domihost.es for expenses that it had for some reason attributable whose responsibility was attributable to the client, including fees and expenses of attorneys Domihost.es, even if not definitive judicial decision.
8.12 Customer is prohibited to access, modify, view the configuration, structure and file servers Domihost.es. Any problems that might occur on servers and security systems Domihost.es as a direct result of customer negligence, it liable for the civil and criminal liability that might correspond.
8.13 As a result of the Basic Cloud Servers are integrated into a complex hardware platform that manages the set of Basic Cloud Servers that share infrastructure, the client must develop and / or managed within the technical standards set forth by Domihost.es. So that if Domihost.es warns, detects and / or check on their maintenance abuse of the service, so as to prejudice or lead to an impairment in the service or the rights of clients or third parties with the client share the platform, reserves the right to suspend, in whole or in part, Cloud Server Basic.
To this end, Domihost.es make a temporary suspension of Cloud Server Basic. 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 Cloud Server Basic.
8.14 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.
8.15 The Customer agrees that telephone conversations you have with Domihost.es can be recorded in order to improve the quality of security services and in providing them.
8.16 The client must meet all obligations are set out along the entire contract but not collected specifically in this clause.
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 the suspension by this circumstance is 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's failure was due to the termination of the contract as set out in clause 10.1.c, Domihost.es reserves the right to terminate in advance of this contract and, therefore, to dispossess the Basic Cloud Server client 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.es and third parties.
ELEVENTH .- INTELLECTUAL PROPERTY
11.1 Domihost.es owns all intellectual property rights or other necessary for the contracted product marketing.
The client must respect the use of third party programs made available by Domihost.es, although they were free.
The customer, under this contract shall not acquire absolutely no rights or licenses on the product purchased, except for the rights and licenses necessary for the performance of this contract and only for the duration.
For any action that exceeds the performance of this contract require written authorization by Domihost.es.
11.2 In relation to software licenses, which the customer purchases for Cloud Server Basic through Domihost.es, the customer acknowledges the ownership of their manufacturers / suppliers of all intellectual property rights that can hold on them. 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.
11.3 With regard to software licenses "Plesk" and "VMware" that used to arsys.es Cloud Server Basic product, the customer recognizes the respective holders of "Parallels Holdings, Ltd." and "VMware, Inc." on all intellectual property rights it holds over them. The customer must observe the terms of such licenses and respond to the peaceful use of them.
"Parallels", "Plesk" and "VMware" are trademarks of Parallels Holdings, Ltd. "and" VMware, Inc. "used under permission. It is not allowed to use them without proper authorization.
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.es states have adopted the necessary technical and organizational measures, required by it.
13.2 The personal data collected in Domihost.es website www.Domihost.es and especially, customer data entered during the recruitment process are automatically processed and incorporated into the corresponding file, 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.es 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.es as well as carrying out the tasks of information, improving the quality of services, marketing (always identified as such) and other similar activities, the group's own Arsys.
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. Specifically, this data will be provided to the manufacturer and authorized distributor of the software "VMware" with the sole purpose of enabling the control of the software and enable compliance with the purpose of this contract.
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.es 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 of communications in order to transfer them to the legitimate authorities, legal under the circumstances therein provided.
13.7 In cases where Domihost.es 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 which are reflected in the contract to that effect.
In this sense, the customer authorizes Domihost.es, in his capacity as manager of treatment, to subcontract to third party storage services and safekeeping of backup data, in cases where this is required, while at all case the obligations under the Data Protection Act and its implementing regulations.
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 arsys.es and accessible from 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.es 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.es, any amendments thereto. The client responsible for the accuracy of their data and shall be solely responsible for any conflicts or disputes may result from the falsity of them.
FOURTEENTH .- ASSIGNMENT
The customer may not transfer to third parties rights and obligations under this Agreement without the prior written consent of Domihost.es.
FIFTEENTH .- MODIFICATIONS
Domihost.es 15.1 reserves the right to modify, in any way, the characteristics and conditions of the Basic Cloud Servers, 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.es these changes in the shortest possible time for adaptation by the customer.
The client, once informed of the modification by Domihost.es, has a period of 7 days from receipt of such notification, to terminate the contract if you do not agree with the new circumstances, after this period without communication to the contrary client is deemed to accept the new conditions.
15.2 If as a result of R & D development Domihost.es constant, as well as technical and technological advances occurring in the services of the information society, there are changes in the Basic Cloud Servers, other services and systems management, administration (ie new secure payment network) Domihost.es, to adapt to these developments proceed, if deemed appropriate by Domihost.es, to make the amendments necessary for adapting with such developments.
In these cases, Domihost.es 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 of clause 10.
Domihost.es 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 operation of the service company and even 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.es 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 advancement of Domihost.es in the field of new technologies.
SIXTEENTH .- LIMITATION OF WARRANTY AND LIABILITY
16.1 In no case Domihost.es, 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.es 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.es 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.
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