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 a Virtual Server DOMIHOST and is listed as one of the contracting parties.
Contract: contains all the clauses contained in this document and any additional information about Virtual Server hired by the client, collect to-date, specifically, in the URL http://www.domihost.es/, forming a unitary forcing the parties.
Commercial content, information resources, features and prices of virtual servers that manifests on the web collected http://www.domihost.es/ prevail over this contract with respect to 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 different models of virtual server that the client can hire.
Control Panels: tools that are awarded each DOMIHOST Virtual Server for management and administration by the client and server resources available to the contracted product.
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 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. 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 Virtual 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 Virtual Server is a hosting service consists of an integrated server on a physical server that hosts other shared virtual servers hardware.
Each Virtual Server is a standalone system with its own management and configuration, operating independently of other hardware virtual servers share with him.
3.2 The general conditions contained in this agreement shall apply to the following models of virtual servers:
Linux Virtual Server Basic.
Windows 2003 Virtual Server Basic.
Advanced Virtual Server Linux.
Windows 2003 Advanced Server Virtual.
Windows 2008 Advanced Server Virtual.
Premium Virtual Server Linux.
Premium Windows Virtual Server 2003.
Premium Windows Virtual Server 2008.
Also, this contract shall apply to any Virtual Server DOMIHOST created and developed by meeting the specifications of independent accommodation and exclusive property of DOMIHOST shared servers that even without being collected in the previous list, you will attach this contract.
3.3 The general features, enhancements and additional services available for the Virtual Server type employed, are detailed in this agreement and its annexes.
Overall, the technical characteristics of each of these virtual servers and the price to be paid by them is constantly updated in the URL http://www.domihost.es/
3.4 The modifications made in the characteristics of each virtual server is governed by the provisions of clause 15 of this contract.
In any case, deemed notice any changes affecting the virtual server or affecting the provisions of this contract, with the publication of such changes on the website of DOMIHOST.
3.5 The Virtual Servers feature under this contract, among other resources, the following control panels, from which the client can manage and administer resources and applications specific to your Virtual Server, as follows:
Management Panel DOMIHOST servers.
Virtuozzo Management Panel: Virtual Server technical administration.
Plesk Panel: Panel domain hosting management.
Panel SMEs (Small Business Panel, SBP): Managing IT needs of SMEs.
The customer must choose between Plesk Panel or Small Business Panel, not being possible to hire both for the same Virtual Server.
3.6 Each of the models of virtual servers, has a guaranteed memory space called "Memory guaranteed."
If at any time processes in a Linux Virtual Server needs more memory, and is available, may use a temporary memory space called "dynamic memory".
3.7 DOMIHOST is responsible for the proper functioning of the hardware and pre-installed operating system and software included by default. Assumes hardware replacement in case of failure.
3.8 The client acts as your Virtual Server administrator, you can install additional applications on the same, provided they are compatible with your operating system and the technical configuration of your Virtual Server (memory, disk space, etc.)..
In any event, while providing essential maintenance DOMIHOST Base Operating System (kernel), the client is solely responsible for the administration of your virtual server, installing software upgrades and the implementation of security measures if required to do no harm or third parties with whom we share server, or DOMIHOST. The customer will be liable to any of the consequences of not implementing these measures might entail.
3.9 In exceptional cases, where intervention was necessary DOMIHOST, it would be billed to the customer in accordance with current rates published for the service http://www.domihost.es/ Systems Management.
3.10 The Virtual Server includes a standard configuration DOMIHOST Firewall. If you intend to request changes and / or apertures and / or closing of a port, it will require the hiring of Customising 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.
3.11 The Virtual Server includes a fixed IP. The customer must comply with the criteria and those of DOMIHOST RIPE, the IP addresses in getting extras. In addition, the customer may request a second additional IP to set up your free Virtual Server as a DNS server.
The customer must comply with the criteria and those of DOMIHOST RIPE and pay the fee, when IP addresses to get other extras.
3.12 The client will have the ability to make a snapshot (full copy of Virtual Server) from the Virtuozzo Control Panel. Perform all you want but it should be noted that only store the last to do.
Additionally, you can hire the service backup for Virtual Server.
3.13 DOMIHOST available to the client the ability to turn on, shut down and restart your virtual server, through its Virtuozzo administrative panel.
The customer assumes the risk of restarting operations off of your server and can damage your software, require checking disk, or any other problem that requires further intervention.
3.14 EXTENSION IS AND ADDITIONAL SERVICES available for Virtual Servers:
Clients may contract a number of enhancements and additional services for your Virtual Server.
Both extensions as additional services may vary depending on the model employed Virtual Server, so not all are available for all types of Virtual Servers.
On our website, http://www.domihost.es/, you can consult a detailed and updated description of them.
3.14.1 EXTENSIONS
a) Transfer.
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.
Each Virtual Server comes with a transfer amount, and there are plans to expand it, allowing hire as many as needed.
Traffic exceeding the transfer contract shall be deemed an "excess of transfer" and billed at the rates published at the time, in http://www.domihost.es/.
b) Hardware.
DOMIHOST allows standard hardware changes in the Premium Virtual Server as an extension of RAM or disk space. The client may consult http://www.domihost.es/, a detailed and updated hardware extensions allowed.
c) Plesk Panel.
Domain hosting:
The customer may increase the number of domains hosting you can register, and therefore manage, through the Plesk Control Panel, depending on available extensions http://www.domihost.es/.
Plesk Power Pack:
Consisting of a package of added functionality that the customer can install on your virtual server, where Plesk Panel has previously installed (in any version of 10 or 100 domains).
d) Small Business Panel (SBP)
Small Business Panel's license (SBP) provides user base license, versions 1, 5 or unlimited users, and may change from one to another (both to the upper and the lower ones) whenever you want. These versions are not cumulative, so hiring one will replace the previous one.
Additionally, the component SME Marketplace Panel (SBP) allows you to purchase software licenses for various applications from the AC. Will not be possible to lower the Small Business Panel (SBP) while active licenses exist.
The decline of the licenses must be both technically and administratively, since otherwise, remains active at the administrative level and therefore will continue billing its amount.
The customer can install and uninstall from Control Panel. In the latter case, you should be aware that this will entail the loss of all data, files and databases associated with it (including those published on its website). Therefore, DOMIHOST recommended to back up any data you want to keep.
The customer must accept and respect the provisions of the licenses of each one of the applications. The applications are delivered as they are not accepting complaints about them.
DOMIHOST not provide technical and functional support for these applications, beyond that already offered support for Virtual Server hired.
DOMIHOST not be responsible for proper operation, safety and / or the offered application compatibility, as they may interfere with other programs that already have the client installed on your Virtual Server.
DOMIHOST 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 the need to notify the customer of such changes , sufficient to publish the same in BC.
e) Additional IP addresses.
Although Virtual Server includes 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 Virtual 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, DOMIHOST 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.
The customer must bear in mind that the fixed IP address included in the Virtual 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 and RIPE (coordinating body for the IP address space in Europe) may apply from your AC on payment of the sum mentioned noted in http://www.domihost.es.
ADDITIONAL SERVICES 3.14.2
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 not guarantee the total replacement of the data due to errors can occur for reasons beyond DOMIHOST as hardware faults or bugs you copy the software performs.
b) Customizing Firewall.
While each Virtual Server 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) Administration systems.
The customer has at their disposal a DOMIHOST systems technician when you need it. 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.
d) Installation of additional software.
The customer may install additional software, provided it is compatible with your operating system and the technical configuration of your virtual server (memory, disk space, etc.)..
In the event that the installation should be performed by the technical department DOMIHOST be billed at the rates of additional service management systems.
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 is responsible for the application, management and SSL certificate renewal for domains. If the customer, instead of using the functionality of Plesk or enabled SBP, it wishes to handle DOMIHOST installing the certificate 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.
Secure Certificates (SSL) de DOMIHOST be governed by the provisions of its Contract web and corresponding http://www.domihost.es/ published.
f) for multiple domains Urchin Statistics.
Clients may contract a license system for multiple domains Urchin Statistics for Virtual Server 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.
3.15 The client may consult at any time updated, general features, rates and additional services available for Virtual Server http://www.domihost.es/ on the website.
FOURTH .- CHANGE OF METHOD OF VIRTUAL SERVER
4.1 The client who has hired a Virtual Server DOMIHOST can change to another form thereof, within the same type employed Virtual Server, features and resources above the already available from your BC.
The change will take place from BC, either by customer or by an authorized user to which the client has sufficient permissions granted.
The change of mode expansions and retain any additional services that the customer has contracted for the previous model of Virtual Server.
It will not be possible to change between virtual servers with different operating systems (Linux, Windows 2003 or Windows 2008).
4.2 Once a change made in the form of Virtual Server can not request a change to another within 30 days, counting from that was the last change.
4.3 As a result of the change to a form of higher Virtual Server features and resources, then an amendment bill to the client, for the amount paid and not consumed to be paid by bank transfer. The transfer will take place at the expiration date of your bill of amendment, provided there are no charges pending. The customer can view the amendment bill from the "Invoices" of AC.
FIFTH .- PRICE AND PAYMENT
5.1 The high DOMIHOST virtual servers and access to relevant control panels are free.
5.2 With the availability of Virtual Server that gives rise to this contract, the customer must pay in advance the price for DOMIHOST Virtual Server Model hired http://www.domihost.es/ determined and listed in this contract and its Annex I.
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 payment frequency of the virtual servers will be quarterly or annually, depending on customer needs at the time of recruitment.
The client, or a user authorized by him may be amended subsequently, the payment frequency chosen from the AdC, provided it has not been issued yet the bill for that period.
Extensions and / or services contracted for Virtual Server will be charged with the same pay period has been chosen for this, except in the case of: a) transfer schemes, transfer the extras, the extra space disk backups are always a month; b) the security certificate (SSL) annual c) the systems management services that are billed on a timely basis if requested.
Extensions and additional services contracted with Virtual Server after the bill at the time of hire and the amount will be prorated so that the following bills are issued with the same pay period selected for the Virtual Server.
In the specific case of transfer plans, since its volume is measured and applied per calendar month, proceed as follows:
At the time of hire: technically apply current calendar month and will issue the invoice for that month.
At the time of its low, both technical and billing, the change will not apply until next month, because their accounting is always done in the calendar month.
5.4 Method of payment: payment for the Virtual Server and the resources employed for the same, both in their first contracts as in any subsequent renewals will be provided in advance through either payment methods DOMIHOST offers its products: debit and credit card. By selecting one of these options, the customer consents to and authorizes DOMIHOST debiting of amounts, according to the method of payment and the same data indicated in the contract form.
At any time, the customer may modify the form of payment and / or their associated data, by applying through your Client Area.
5.5 If the customer exceeds the use of the resources included in the Virtual Server model contract, make payment of resources according to overcome the current prices at any time and published in http://www.domihost.es/.
However, if you exceed the transfer included in the model employed Virtual Server or disk space backup, the customer will pay the amount exceeded at the rates established by sections http://www.domihost. is /. The customer must control the flow passed through the indicators of control panels, having the ability to set alerts to inform him before exceeding the thresholds employed.
5.6 The amounts referred to in this Agreement, its Annexes and http://www.domihost.es/ not include Value Added Tax (VAT). In any case, the customer must pay the VAT on the product purchased.
5.7 DOMIHOST issue an invoice with details of all the concepts that make up that invoice.
5.8 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.
5.9 per bank return occurs due to causes attributable to customer DOMIHOST charged an extra fee of 6.01 euros.
5.10 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 additional services will cause major disruption of service.
In cases of disabling the default Virtual Server will be eliminated all data associated with it. If rehired the Virtual Server should enlist all the data again.
5.11 The amount of the prices stipulated on the web http://www.domihost.es/ and collected in this Agreement and its Annex I, may be subject to review by DOMIHOST. Notwithstanding the provisions of clause 15 of this contract for the stipulated price changes are subject to the provisions in the paragraph below is collected.
If DOMIHOST carry out a change in prices to rise in Virtual Server, customers will be notified prior to such modification being affected by the change in the next invoice being issued, so if you do not agree to accept the change exercising the right to terminate this contract without paying any additional amount to maintain its share DOMIHOST as paid. At the end of the period for payment in advance will be terminated the contract and, therefore, cause lower their service if maintained in its non-acceptance at the new price.
5.12 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 guarantee period service renewals. .
The warranty applies to the initial recruitment and Virtual Server product covers the principal amount, excluding other items not specifically mentioned in this clause.
Especially outside the scope of this warranty, the customer must pay the amount in such cases: a) Plesk Panel licenses or SBP, additions and / or services, b) the amounts of transfer for consumption in excess of the assigned to your server or the extra disk space for backups, performed both during the period has been active Virtual Server.
Similarly, software licensing applications from the SMB employable, are excluded from this warranty and shall be governed by the specific terms contained in each license.
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.
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 or by having client breached the terms of this contract.
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.
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 using your Virtual Server.
6.2 The contract will last quarterly 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 6.3.
In each renewal not send a copy of the contract, understanding the ever-present http://www.domihost.es/ published on the website that collects most current version.
Extensions and / or services contracted for Virtual Server can be enabled or disabled at any time while the same is active and current payment; however the fact disable it before the expiry of the period is not paid in advance refund of the portion not consumed, except in those cases where the legislation so provides.
6.3 If the customer or a user authorized by him, personal errands down from the AC, 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, down from the "Contact" from the AC, it will occur the day indicated by the client to be effective, provided it is done with enough time to manage it.
SEVENTH .- DOMIHOST DUTIES AND RESPONSIBILITIES
7.1 In its relations with the customer, DOMIHOST should exercise due diligence in the use of its business, loyally and in good faith.
DOMIHOST is committed to providing all the means at its disposal the services optimally, striving for the 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.
7.2 DOMIHOST can not guarantee the availability of virtual 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 not assume any liability arising from technical problems attributable to terceros.ç
7.4 percent, the client expressly disclaims any liability claim, contractual or tort damages DOMIHOST for possible failures, delays or errors in access to and use of the service.
7.5 No Nevertheless, if DOMIHOST 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 rata refund of the money collected by the service during the period of interruption .
7.6 The virtual servers are shared hosting products with other products of similar nature and resources. For this reason, DOMIHOST reserves the right to suspend, in whole or in part, to fulfill the contract (not providing the service) if you notice, detect and / or check their maintenance excessive consumption of memory, CPU or any other deterioration that slows down the server on which it is located, so as to prejudice or lead to an impairment in the service or the rights of clients or third parties that share the server with him.
To this end, DOMIHOST make a temporary suspension of service. The customer shall be notified to proceed to remedy the disturbance, and if after you restart the service in such circumstances a relapse continuously or in bad faith, there will be a discharge from service without repayment of any amount by considered an abuse of Virtual Server.
7.7 DOMIHOST unlimited warranty proper functioning of the hardware on which Virtual Server hosted with replacement in case of failure.
DOMIHOST 7.8 does not back up the contents and / or Virtual Server snapshots, nor be liable for loss or accidental deletion of data included in this. Similarly, DOMIHOST not guarantee the replacement of such data.
7.9 In no case accept liability DOMIHOST derived from data loss, business interruption or any other damages resulting from the operation of virtual servers and / or failure to meet these customer expectations.
7.10 The access and use of Virtual 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.
7.11 DOMIHOST disclaims any responsibility for the consequences of lack of effectiveness of e-mail address of the client or not communicating the change in direction may occur, as alleged by the misinformation that the customer due to negligence on the active in maintaining this information.
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 not responsible:
The content hosted in the space allotted to the client for Virtual 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 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, 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).
7.14 contracts DOMIHOST offers its products, the recruitment process and information posted on its website exclusively in Castilian language.
7.15 DOMIHOST stored in electronic form, a copy of the e-mail received by the client, in which the contract is attached custom product, the end of the contract.
EIGHTH .- OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
8.1 The customer must comply with all terms and conditions of this contract in the exercise of their profession, you must also act fairly and in good faith.
8.2 The client must meet the agreed remuneration as set out in clause 5 of this contract.
8.3 Conditions of service use: The use Virtual 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 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.
Using Virtual 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 Virtual Server files to replace them if necessary.
Monitor the size of the transfer to take action if it believes that its increase is excessive. To this end, the customer has, in the technical administration panel (Virtuozzo) of your Virtual Server, information about their use.
Maintain operational, active and current email address provided in the contract form for communication with DOMIHOST, since it is the preferred media for DOMIHOST agile and fluid in the delivery of the requested plan as a result of the relationship contractual through this contract binds us.
If the client wants to change the e-mail address provided in the contract form and contact address must do so through the AC, with measures such authentication own request, so that at no time be interrupted communication between both parties Contracting.
DOMIHOST disclaims all liability for the consequences of lack of effectiveness of the e-mail client and / or lack of communication that the date change of management can produce, as well as disinformation alleging the customer due his own negligence in maintaining this information asset.
8.5 The customer acknowledges having verified that the product features to suit your needs and has been adequately informed by DOMIHOST.
8.6 The Customer warrants that use the Virtual Server in accordance with the specifications and technical constraints, without this causing any harm to use server resources or system software.
8.7 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 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.
8.8 The client has full responsibility for the use and content of your Virtual 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.
8.9 The customer indemnifies DOMIHOST for expenses that it had for some reason attributable whose responsibility was attributable to the client, including fees and expenses of attorneys DOMIHOST, even if not definitive judicial decision.
8.10 Customer is prohibited to access, modify, view the configuration, structure and file servers DOMIHOST. Any problems that might occur on servers and security systems DOMIHOST as a direct result of customer negligence, it liable for the civil and criminal liability that might correspond.
8.11 Due to the shared hosting virtual servers, the client must develop and / or managed within the technical standards set forth by DOMIHOST. So that if DOMIHOST warns, detects and / or check on their maintenance service abused by excessive consumption of memory, CPU or any other deterioration that slows down the server on which it is located, so to prejudice or lead to an impairment in the service or the rights of clients or third parties that share the server the client reserves the right to suspend, in whole or in part, the Virtual Server.
To this end, make a temporary suspension DOMIHOST Virtual Server. 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 Virtual Server.
8.12 The client must always have the necessary software original licenses. 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 software programs need to have a license, 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.
8.13 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.
8.14 The Customer agrees that telephone conversations you have with DOMIHOST can be recorded in order to improve the quality of security services and in providing them.
8.15 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 reserves the right to terminate in advance of this contract and, therefore, to deprive the client of Virtual Server without notice and without the customer is entitled to compensation or reimbursement of any amount.
10.3 In the event of termination or rescission of the contract, for the reasons mentioned above or any others envisaged by law, the client must meet its obligations prior to the termination of the contract against DOMIHOST and third parties
ELEVENTH .- INTELLECTUAL PROPERTY
11.1 DOMIHOST owns all 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, 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.
11.2 In relation to software licenses, which the customer purchases for Virtual 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.
11.3 With regard to software licenses "Plesk Panel" and "Small Business Panel" which provided for the product DOMIHOST Virtual Server, the client acknowledges the ownership of "Parallels Holdings, Ltd." on all intellectual property rights it holds over the same. The customer must observe the terms of such licenses and respond to the peaceful use of them.
11. "Parallels", "Virtuozzo", "Plesk Panel" and "Small Business Panel" are trademarks of Parallels Holdings, Ltd. ", 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 states have adopted the necessary technical and organizational measures, required by it.
13.2 The personal data collected in DOMIHOST website http://www.domihost.es/ and especially, customer data entered during the recruitment process are automatically processed and incorporated into the 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.
13.3 The collection and processing of personal data is aimed at maintaining the contractual relationship may be established with DOMIHOST as well as carrying out the tasks of information, improved service quality, marketing ( the latter always identified as such) and other similar activities DOMIHOST own group.
13.4 The personal data processed in the file "COMMERCIAL" only be transferred to national or international entities as necessary for the sole purpose of giving effect to the purposes mentioned above.
The personal data processed in the file "DOMAINS AND RECORDS" collected for domain name registration, change of ownership or other changes relating to personal data will be transferred to the Authority or national or international body in charge of the Registering Authority Domain name registration for. This transfer is intended, solely and exclusively for the purposes directly related to the legitimate functions of the transferor through the service contract (registration or domain name change).
The client, when completing the order form, authorizes such data by technical and operational reasons, be transferred, posted, processed and stored in these organisms.
In this regard, and as a requirement of the Registering Authority or organization ICANN, the domain name holder authorizes the publication of data relating to the ownership of the disputed domain name and administrative contact, technical and payment, accordance with the rules, must be public and accessible from the relevant registrar whois.
The customer is obliged to collect, the owner, the authorization for the release of the data and transmitting them when it does not coincide with the individual customer.
13.5 The Customer acknowledges and agrees that technical suppliers for some products, exceptionally and if necessary to address any issues of a technical nature, they can remotely access the physical server which hosted the product and, therefore, the content. Where appropriate, their actions are limited to the execution of the work necessary to resolve the issue without using the intervention or the data that could be accessed for other purposes.
6.13 DOMIHOST reports that, in compliance with the provisions of Law 25/2007 of October 18, retention of data relating to electronic communications and public networks, it shall hold and retain certain traffic data generated during development communications in order to transfer them to the legitimate authorities, legal under the circumstances therein provided.
13.7 In cases where DOMIHOST figure as processor assumes the obligations under the Data Protection Act states that the purpose and will only process the data according to the instructions of the controller and will not be applied or used for purposes other than those be included in the contract to that effect.
In this sense, the customer authorizes DOMIHOST, in his capacity as manager of treatment, to subcontract to third party storage services and safekeeping of backup data, in cases where this is required, always respecting the obligations under the Data Protection Act and its implementing regulations.
13.8 The Customer may at any time exercise their rights of access, rectification, cancellation and opposition, recognized by the Data Protection Act. The exercise of these rights may be performed by the customer from the tool "Client Area" developed by DOMIHOST and accessible from http://www.domihost.es/, so authenticated through the login and password client staff. Also, will exercise these rights in terms that the current regulations are available for consultation at http://www.agpd.es/.
13.9 DOMIHOST not responsible for the breach to the provisions of the Data Protection Act, make the client that the activity for him and that is related to the execution of this contract. So, each of the parties shall be responsible for non-compliance of this standard, the other party.
13.10 The client states that all information provided by him, are true and correct and undertake to keep them updated, communicating, to DOMIHOST, any amendments thereto. The client responsible for the accuracy of their data and shall be solely responsible for any conflicts or disputes may result from the falsity of them.
FOURTEENTH .- ASSIGNMENT
The customer may not transfer to third parties rights and obligations under this Agreement without the prior written consent of DOMIHOST.
FIFTEENTH .- MODIFICATIONS
DOMIHOST 15.1 reserves the right to modify, in any way, the characteristics and conditions of virtual servers, still in development and benefit the service itself. To this should not serve more formality than to inform the customer with a notice on-line and / or carry this modification to the terms of the contract and / or send via email.
Notwithstanding the preceding paragraph shall communicate in writing DOMIHOST these changes in the shortest possible time for adaptation by the customer.
The client, once informed of the modification by DOMIHOST, has a period of 7 days from receipt of such notification, to terminate the contract if you do not agree with the new circumstances, no communication after this period the client is otherwise deemed to accept the new conditions.
15.2 If as a result of R & D development DOMIHOST constant, the technical and technological advances occurring in the services of the information society, there are changes in products, services and management systems, managing DOMIHOST, to adapt to these developments proceed, if deemed appropriate by DOMIHOST, to make necessary changes in their services.
In these cases, DOMIHOST previously communicated to customers information about changes affecting them and establish the time required in each case so that if the client does not agree to such changes may terminate this contract in all cases respecting the provisions in clause 10.
DOMIHOST in his act diligently and in good faith in the market area of its business, make these changes whenever a benefit not only the development of new technologies, but also the functioning of the company and even the service offered in this contract so as not to detract from the customers all together.
In case of conflict between the injury to a small number of customers and DOMIHOST development and / or adaptation to technical progress and technological services of the information society will be addressed to the benefit of the majority of customers in this adaptation and DOMIHOST progress in the field of new technologies.
SIXTEENTH .- LIMITATION OF WARRANTY AND LIABILITY
16.1 In no case DOMIHOST, nor the managers and executives, managers, shareholders, agents or employees depend on it for any reason shall be liable directly or indirectly related to the use made by DOMIHOST customer service.
16.2 The parties acknowledge that the enforcement of this contract does not imply any representation, delegation, warranties or agreements other than those expressly described in this contract, and accordingly, all terms, conditions, warranties or other issues involved agreements or general regulations are explicitly excluded to the extent allowed by law
SEVENTEENTH .- Invalidation
If any provision of this Agreement is found void or unenforceable, in whole or in part, by any court or competent authority the remaining provisions shall remain valid, unless the parties discretion decide to terminate the contract.
EIGHTEENTH .- APPLICABLE LEGISLATION AND JURISDICTION
18.1 In matters not covered by this contract, as well as the interpretation and resolution of conflicts arising between the parties as a result thereof, will apply Spanish law.
18.2 If a conflict were to arise between the parties or difference in interpretation and execution of this contract and not resolved by mutual agreement, it will be resolved at the request of either party and upon written notice to the other, by arbitration 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.
In the event that the conflict is raised by a consumer or user, the procedure will as enshrined in the RD 231/2008 of 15 February, which regulates the Consumer Arbitration System.
18.3 The foregoing shall be without prejudice to the parties to submit to a judicial proceeding in this case shall be made to the jurisdiction of the Courts and Tribunals of Logroño, expressly waiving their own jurisdiction, if other. For consumers or users, DOMIHOST refers to the provisions of the current procedural rules.
18.4 If it is reasonably possible, the performance of this contract, will continue during the course of any dispute and / or arbitration or judicial proceedings. If any provision of this Agreement is found void or unenforceable, in whole or in part, by any court or competent authority the remaining provisions shall remain valid, unless the parties discretion decide to terminate the contract.
