GENERAL CONTRACT FOR NAMES DOMINIO.EU
On the one hand: Management Company Internet Services SL., Residing in Valencian Parliament Square No. 14 in 46960 Aldaia (Valencia) and CIF B-97491369 (hereinafter DOMIHOST), registered in the Register of Valencia, Volume Book Company 7923, Folio 151 V99489 Sheet General Sec.
Furthermore, the contractor, person or entity completing the contract form, which appears in https://seguro.domihost.es/hspc/sign_in.php, with the data required and which DOMIHOST establishes a business through this contract.
The contractor knows, understands and freely accepts, following reports of the characteristics of each service, this contract.
Both parties, DOMIHOST. and client, are interested in executing this contract accepting the terms and conditions set forth in the following.
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 completing the order form for registration and / or transfer of a domain name. Eu. This person does not have to match the domain name holder in question. In which case, being an intermediary between the registrar and the domain name holder shall disclose at least the latter it assumes the obligations to obtain such title with respect to the relevant registrar.
Contractor and / or Registrant: natural or legal person who acquires the right to use the domain name chosen and awarded only for the purpose of addressing the system Internet domain names during the period determined by the competent registry.
Contract: all clauses contained in this document, together with the contract form and any additional information about the particular service contract chosen by the customer, is collected to-date, specifically, in the URL http://www.domihost.es , forming a unit that requires the parties.
The regulations established by the competent registry (the name of second level domain under. Eu) shall be binding and therefore may influence the way of providing the service by DOMIHOST, in addition, this legislation will provide interpretation for the clauses of this contract in all matters affecting them relating to domain name registration, transfer, conflict resolution, change of ownership, change of registrant, but does not affect the contractual relationship created between itself and the client DOMIHOST.
Domain name: character set identified by a DNS (IP) address on the Internet. A given server can have more than one domain name, but a given domain name is attributed only to a server.
IDN (Internationalized Domain Names): IDNs, multilingual characters of any language, defined as those other than those included in the English alphabet.
IDN. Eu domain names. Eu, multilingual characters, defined as those typical of the 23 official languages of the European Union, which are included in the list of characters allowed by EURid, available for consultation at http: / / www.eurid.eu/.
ASCII Code: version of the domain name, used globally in the DNS system, consisting of numbers, hyphen and Anglo-Saxon alphabet.
ACE Code: name version of the multilingual character domain encoded so that the domain name to be used in the DNS system and, preceded by the string of four characters "xn -" contains the domain name character Multilingual ASCII format.
IP (Internet Protocol): set of rules governing the transmission of data over the network.
Registrar (Registrar): Authority or Agency registrants, national or international public or private, authorized by ICANN to manage domain names and publish, through whois, the owner requested information, contacts and DNS domain it manages.
Information on generic domain registrars:
www.icann.org / registrars / Accredited-list.html
Information on the territorial domain registrars:
www.iana.org / ccTLD / ccTLD-whois.htm
Registrar-Provider: Registrar accredited by ICANN to register domain names with which DOMIHOST maintains a business relationship for the provision of services under this contract.
Registry: An entity, public or private, authorized by ICANN, which manages and maintains the database name for each TLD (Top Level Domain).
DNS (Domain Name System): Domain Name System in the Internet field responsible for translating domain names into IP addresses.
Contact Payment: natural or legal person responsible for payment to the Registrar of the domain in question.
Administrative Contact: natural or legal person responsible for managing a domain.
Technical Contact: natural or legal person responsible for the operation of the Domain Name Servers.
ICANN: Internet Corporation for Assigned Names and Numbers, a non-profit corporation formed to assume, among other functions, the responsibility for the location of IP addresses, assigning protocol, systems management and domain name servers; ultimately ensure the functioning and stability in the network.
EURid: non-profit organization, duly constituted, selected by the European Commission to operate the TLD. Eu (http://www.eurid.eu/).
WHOIS: is an interactive publicly accessible on the Internet that provides information on ownership, contact details and availability of a domain name or IP address.
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 .- PURPOSE
This contract is:
Regulate the conditions under which the customer requests the registration and / or removal of one or more domain names. Eu and IDNs. Eu through DOMIHOST well as the change of registrar if the registrar is not DOMIHOST, plus any request for domain names. eu. For domain names. Eu DOMIHOST acts as authorized by EURid registrar, submitting to the regulations of this.
Regulate the manner in which the service is provided by DOMIHOST with the limitations determined by EURid, ICANN and the rules governing domain names. Eu.
Regular pay, conditions and remuneration as the client for the service 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.
THIRD .- REGISTRATION, TRANSFER AND MAINTENANCE OF DOMAIN NAMES
3.1 The contracted service, mainly under this contract includes the commitment of DOMIHOST to make efforts for a register corresponding domain name. Eu and IDN. Eu chosen by the customer. Respect for every moment, rules and deadlines set by the entity in charge of records, EURid, through http://www.eurid.eu/.
3.2 The registration of domain names. Eu and IDNs. Eu is made according to the Terms and Conditions of Domain Name Registration. Eu, the Registration Policy, the Dispute Resolution Rules. Eu and Regulations. Respect for every moment, rules and deadlines set by the entity in charge of records, EURid (http://www.eurid.eu/).
3.3 The specifications for the registration of domain names. Eu and IDNs. Eu and the price to be paid by them is at all times, clearly updated the page for the registration of domain names DOMIHOST, http: / / www.domihost.es, without prejudice to what stipulated in Clause 4 of this contract.
3.4 The Customer acknowledges that it is for making application DOMIHOST domain name before the competent bodies, but the grant of registration of the domain name is the sole responsibility of EURid. Also, the ownership and ultimate responsibility for the domain name remains with the holder of the domain name.
3.5 The registration of. Eu domains and IDNs. Eu will be based on a "first come, first served", so that the first domain request is entitled to register.
3.6 The registration of an IDN. DOMIHOST eu, is limited to the following multilingual characters, included in the list of characters allowed by EURid, available for consultation at http://www.eurid.eu/:
à, á, â, ã, ä, å, æ
ç
è, é, ê, ë
I, i, i, i
ð, ò, O, O, O, or
ø
ñ
u, u, u, u
ý, þ, ÿ
3.7 The client and / or holder acknowledges and agrees that the operation and functioning of IDNs, is in an interim phase, pending its complete technological adaptation, so it may vary depending on the type of browser and email program used in each case, requiring some of them, downloading an application that adds this technical feature.
Because of this, for IDNs, the customer may only associate a parking service, which is governed by their own Terms of Use, available in updated form in http://www.domihost.es, not being able to hire for them, other shared or dedicated hosting.
3.8 The customer notification on the fact that the domain name registration request has been successfully completed, will be in the e-mail that the client specified in the contract form as customer contact management.
3.9 After a domain name registered through DOMIHOST it is hosted on servers in the service DOMIHOST / hosting plan chosen by the customer, from those offered by DOMIHOST.
In terms of features, regulation, rights and obligations resulting from the services / hosting plans are subject to the provisions in the contract that involves the hosting service that is provided at the time of recruitment.
3.10 In submitting the application for registration of a domain name. Eu and IDN. Eu, the client and / or domain name holder (registrant) consents and authorizes the collection directly, transfer to the competent body, processing and publication of the data related to public whois information, customer name, postal address, email address operational, telephone number, fax, language, etc.., for himself, for the technical contact and administrative contact as requires the Registrar and the competent Registry.
It is necessary that the e-mail address provided with this data is fully operational, with recommendations for a specific purpose.
Depending on the legal status of the applicant (natural or legal person), some of this data will be exclusively for the internal use of the Registry.
The client and / or owner EURid keep informed immediately through DOMIHOST of any change in their whois data. Any failure or delay in reporting such changes may result in termination of the registration.
In cases where the person of the holder of the domain name does not match the customer, it shall be the obligation to first seek the consent of, among others, the obligation referred to in the previous section, ultimately taking responsibility for all consequences that failure to comply with this requirement may cause.
3.11 The client authorizes the processing and transfer to third parties of the data contained in the application for registration of a domain name. Eu and IDN. Eu, by EURid, in the following cases:
If you order a public body in the legitimate exercise of their duties.
At the request of the Service Providers ADR mentioned in section 16 of the Terms and Conditions of Domain Name Registration. Eu http://www.eurid.eu/ published or
As stated in section 2 (Whois search function) Whois policy. Eu domains, published in http://www.eurid.eu/.
3.12 The result of the search for a domain name may not be error-free because the information contained in the result is generated electronically from multiple data sources. DOMIHOST not responsible for the correct search results, taking this for information only.
3.13 The domain name registration. Eu and IDN. Eu, will be valid for one year from the day that is recorded on day 15 of month birthday.
3.14 Renewal or maintenance of a domain name: Once you have registered or transferred domain name servers and whenever DOMIHOST listed as a contact who pay it will handle the renewal thereof, with the specified price each case as set out in clause 4.5 of this contract.
Customer acknowledges that corresponds to DOMIHOST make the renovation or maintenance of the domain name before the competent bodies, but the effective renewal of the domain name is the sole responsibility of EURid, therefore DOMIHOST not responsible for the renovations not actually carried out for reasons attributable to the relevant Registry.
3.15 Changing the DNS (DNS transfer): If the client already has registered a domain name, but is hosted on the servers of another supplier and would like to hire some of the services / hosting plans offered by DOMIHOST, you must make a move thereof to DOMIHOST servers.
If the client DOMIHOST entrusted with the transfer of a domain name as described in the previous section, you should pay the cost that this implies that management is 12 euros, without prejudice to the provisions of clause 4.11 of this contract.
Management will be charged for transfer (including information about the status and actions to perform this action) in any case, ie independently of carrying to fruition or not, provided that the act of failing to properly transfer is final and due to causes beyond DOMIHOST diligent performance.
With the task of moving and once hosted on servers DOMIHOST, renovations or maintenance of the domain name are governed by the provisions of this contract.
If the client decides to make the transfer itself will only be joined by the contract DOMIHOST hosting service / plan chosen DOMIHOST therefore not responsible for the renovation and maintenance thereof, unless the customer requests it later.
Now DOMIHOST not responsible, because of the diversity of registrars and intermediary companies in this effort, the result of moving quickly and effectively, keeping the client informed every case the results of operations.
DOMIHOST warns that, if appropriate, once loaded the files into the space DOMIHOST assigned by service / hosting plan contract, a change of supplier may result in non-display of the files posted on the Internet related to the domain name while holding the previous DNS provider and until the DNS update DOMIHOST adjudicated.
Must be the client who moved the files associated with the domain name from one provider to another. DOMIHOST not responsible for any damages that may result to the client no visibility of your files on the Internet, if not loaded in the space DOMIHOST adjudicated in a time before changing the DNS of your domain.
3.16 Change of ownership and other data for domain name: the service change of ownership requires that the client appears in the databaseDOMIHOST as such, or an authorized user to which the customer has granted sufficient permissions, send an authenticated request from the ADC, the Department of Records,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
, which request the service and will, according to the specific case, the department records the customer who requested the necessary documentation as the rules governing domain names. eu.
This service will be provided to the domain is registered through DOMIHOST. While performing this effort, the domain shall be placed in DOMIHOST.
On the change of ownership of registered domain under these conditions, the customer will pay upfront fees determined by EURid and to notify the client in the message that the Records Department to send the requirements and conditions that change is plus service management costs (plus applicable taxes).
The change of the holder of a domain name. Eu and IDN. Eu involves the payment of a fee and the explicit consent of both parties.
Once the change of ownership, will address DOMIHOST renew the domain while it has a service contract with us and stay DOMIHOST as domain name registrar.
If the domain name holder makes a request (in any sense) other than one simultaneous request by the person named as a client in the database DOMIHOST as such, in any case DOMIHOST attend to the request made by the owner (registrant). This will require the owner to register in the database as a client DOMIHOST Take note of the company and upon payment of the service cost.
3.17 Change log: The customer may request the Department of Records (
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), the change of Registrar to DOMIHOST. The Records Department will ask the client the necessary documentation. While performing this effort, the domain shall be placed in DOMIHOST.
The cost of this change is 12 euros and will involve the extension of the period of renewal for one year from the date of making this change, until the 15th of the month you make a year.
Changing the registrar shall authorize the holder of the domain through an e-mail sent directly by EURid to your contact address.
Once this management will address DOMIHOST renew the domain as long as your registrar and it still has a contracted service DOMIHOST.
FOURTH .- PRICE OF REGISTRATION, RENEWAL OR MAINTENANCE OF DOMAIN NAMES AND METHOD OF PAYMENT.
4.1 The price of each domain name. Eu and IDN. Eu is 25 euros per year and shall entitle its effect for one year from the date of its registration until the 15th of the month in which to comply with an year. The price remains same for renewals unless amended charges levied by the competent Registry, in which case it shall notify in good time and as determined in paragraph 11 of this same clause.
4.2 The DOMIHOST efforts by the registration and renewal of domain names. Eu and IDN. Eu free.
4.3 As the price of the DNS change, changes in ownership and other data and the change of registrar is subject to the provisions in Clause 3, paragraphs 13, 14 and 15 respectively, and binding to the provisions of DOMIHOST messages sent by the Registration Department, unless clearly identifiable typographical errata, plus management costs for providing these services as set out in paragraphs of the clause cited.
4.4 PAYMENT:
The payment of the records of the names. Eu domain and IDN. Eu is an advance payment shall be made by credit card or by bank transfer or by any other means permitted, at any time, by the company.
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 http://www.domihost.es.
Payment of the registration of domain names listed in the previous section is in advance, ie not proceed DDOMIHOST efforts to initiate registration of the requested domain name until the customer receives the amount of these services by any means of payment indicated.
The payment of the renovations will be made as provided in paragraph 5 of this clause.
The other services provided in relation to domain names such as renewals, changes of DNSs, changes of ownership and other data recording changes and any other provisions of this contract shall be made by direct debit on data provided by the client the contract form.
4.5 RENEWAL OR MAINTENANCE:
The domain name registration. Eu and IDN. Eu, will be valid for one year from the date of its registration to 15 days of the month birthday. The domain name can only be renewed for periods not exceeding one year.
The price to keep the domain name. Eu and IDN. Eu in force for one year, through DOMIHOST is 25 per year.
The customer pays the price for maintenance or renovation in advance, generally but may be higher, about two months to the expiration of the domain name so as to effectively streamline the process and maintenance (renewal) of the domain name manner that will not lead to the dispossession of the name.
The payment of the amounts for the renewal or maintenance of domain names. Eu and IDN. Eu will be made by debit or credit card. By selecting one of these options, the customer consents to and authorizes DOMIHOST debiting of amounts, according to the method of payment and the same data indicated in the contract form.
At any time, the customer may modify the form of payment and / or their associated data, by applying through your Client Area.
If the customer fails to make payment in advance required by DOMIHOST, shall not be liable for the loss of the domain name. Eu or IDN. Eu.que this fact may bring.
Those domain names. Eu and IDNs. Eu are not renewed during the regular renewal shall be suspended for forty days, after which without being reactivated, will be available free from the general register. The cost of reactivating a domain name. Eu quarantine, will be 100 euros.
4.6 DOMIHOST issue an invoice with details of all the concepts that make up that invoice.
4.7 refers DOMIHOST telematically bills with full legal validity, using the Class 2 certificate, accepted by the Tax Agency, National Factory Mint, compliance with current regulations in this area and therefore , guaranteeing the authenticity of the origin and content integrity.
The customer will receive all invoices by e-mail with full legal effect.
DOMIHOST disclaims all liability for the consequences of lack of effectiveness of the e-mail client, may occur and misinformation by claiming the customer due to negligence in maintaining the assets of that fact.
4.8 In each bank return occurs due to causes attributable to customer DOMIHOST charged an extra fee of 6.01 euros. Without prejudice to the action involving the failure to renew the domain name as stated in paragraph 4.5 of this contract.
4.9 DOMIHOST reserves the right to temporarily suspend service to any incident experienced in the collection of the service and / or non-payment (in case of payment by direct debit) to the resolution of it. If the client does not proceed with your payment after the notice before your service deregistration cause for breach of contract on their part, even if this action involves the failure to renew the domain name as stated in paragraph 4.5 of this contract.
4.10 The amounts referred to in this contract are subject to the taxes which they belong.
4.11 The amount of the prices stipulated on the web http://www.domihost.es and included in this contract shall be subject to review by DOMIHOST.
If DOMIHOST carry out a change in prices will notify customers prior to such modification being affected by the change in the next invoice being issued (for the renewal of the domain name), so that if it were not for agree to accept the change exercising the right to terminate this contract without paying any additional amount to maintain its share DOMIHOST as paid. At the end of the period for payment in advance will be terminated the contract and, therefore, cause lower their service if maintained in its non-acceptance of the new price.
4.12 The responsible for payment of services reported in this contract for the customer even if it is different from the owner (registrant) of the domain name. In case of conflict between these two figures take no action DOMIHOST without first receiving the payment is always prior to the start in implementing the requested service.
FIFTH .- ENTRY INTO FORCE AND DURATION
5.1 This contract shall enter into force on the date of its execution, ie when the client fill out the form and sign contracts for a period of one year: a) as from the date of its registration to the 15th of the month in the first birthday. eu domain and b) the date of his transfer until day 15 of the month makes a year.
5.2 The purpose of domain name registration complete certain period in the preceding paragraph shall be carried forward and take the necessary steps of maintenance and renewal since notified the customer once the deadline for renewal does not object to these procedures and renovation costs paid in advance of time provided in clause 4.5 of this contract.
Therefore and without prejudice to the duration set in the previous clauses, the contract shall be automatically extended by paying the next bill, and will not be terminated while the client does not declare in writing, with a minimum of 2 months with indications of authentication required by the low DOMIHOST it.
SIXTH .- arsys.es DUTIES AND RESPONSIBILITIES DOMIHOST
6.1 acts as authorized by EURid registrar, for any action relating to domain names. Eu and IDNs. Eu DOMIHOST taking the appropriate steps as appropriate, to record, transfer and renew or maintain, and make payments registration, transfer and maintenance of the domain name. eu is available and which is subject DOMIHOST by this contract.
6.2 DOMIHOST no representation that the domain name chosen for the application for registration, despite being available at the time of entering into this contract is actually registered. DOMIHOST nor for the renewal or maintenance of a domain name, even when they have done, by all appropriate steps DOMIHOST and established by the competent Registry, is effectively done. DOMIHOST only liable in cases where registration is not carried into effect due to negligence of DOMIHOST and sufficiently tested.
In fact, among others, the domain name chosen by the client is capable of being registered and / or renewed either for technical reasons (failures in server computers, incidents on the Internet), either because the domain name already registered in the moment of registration, or by any action by the competent Assigned or by the failure of the client and / or owner of any prerequisite required by DOMIHOST or the competent registy corresponding domain name.
Therefore, the client and / or domain name holder expressly disclaims any liability claim, contractual or tort damages DOMIHOST and EURid, by not obtaining the registration or renewal of the domain name involved, without prejudice exercise of legal actions that may correspond to the competent body.
If "NO REGISTRATION" the requested name or "NO RENEWAL" is produced by a negligent act DOMIHOST sufficiently proven, it will perform the necessary steps to register another domain name requested by the affected owner or customer request will return the amount of money that would advance to obtain this service, all without prejudice to legal actions may be appropriate.
6.3 Neither DOMIHOST or the competent Registry shall in no case responsible for the violation of rights of intellectual property or other rights or legitimate interests that may arise from registering a domain name requested by the client.
6.4 DOMIHOST is not responsible for what is exclusively attributable to the customer and / or owner, or that which is attributable to the performance of competent Registry, as well as errors resulting from the registration process.
6.5 or DOMIHOST, or the competent Registry shall be liable for direct or indirect damages that may result from breaching the client and / or holder of the regulations. Eu domains, as well as the use of the domain name. Eu do the customer and / or owner.
The responsibility for DOMIHOST Registry or for damage caused by the domain name. Eu and IDN. Eu is limited to the amount of the registration fee applicable at the time the dispute arises.
6.6 DOMIHOST not guarantee the use of the domain name choice for the realization of any particular activity.
6.7 and the corresponding registry DOMIHOST reserve the right to suspend or cancel the domain name of the client and / or owner if they use that domain name to send unsolicited commercial advertisements in contradiction to either applicable or acceptable policy customary use of the Internet, or if the holder uses the domain name in connection with illegal activities. Therefore, the holder may not use the domain to send unsolicited commercial advertisements in contradiction to either applicable laws.
6.8 In case of default by the client and / or holder of any obligations under this contract, both as the corresponding Registry DOMIHOST reserve the right to suspend or cancel the domain name owner.
6.9 DOMIHOST disclaims any responsibility for the consequences of lack of effectiveness of the e-mail customer contact 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.
DOMIHOST not assume any responsibility for the actions that the users created and authorized by the client could perform. Similarly, DOMIHOST not responsible for the orders had been executed in response to requests that such users could be done through the BC.
6.10 contracts DOMIHOST offers its products, the recruitment process and information posted on its website exclusively in Castilian language.
6.11 DOMIHOST stored in electronic form, a copy of the e-mail received by the client, in which the contract is attached custom product, the end of the contract.
6.12 In addition, DOMIHOST assumes all obligations arising from the other clauses of this contract and that are not covered by this clause.
SEVENTH .- RIGHTS, DUTIES AND RESPONSIBILITIES OF THE CLIENT AND / OR OWNER TO YOU
7.1 The customer must comply with all terms and conditions of this contract in the exercise of their profession, you must also act fairly and in good faith. Especially must fulfill the obligation to report all obligations that apply to the holder of the domain name and obtain the consent, upon request by the competent authorities, for those cases that do not match the person or entity listed as client.
7.2 The customer must satisfy the detailed remuneration for service as set out in clause 4 of this contract. In any case, the client, who appears as such on the tab, is responsible for payment of invoices even though his name a third party intervenes, so that the responsibility to provide authentication data to a third party is solely the client.
7.3 In accordance with domain name registration, the person who appears as owner thereof (whether or not the client) acquires only the right to use the domain name for purposes of addressing the system Internet domain names during the period determined by the competent registry and assumes all obligations arising over this contract and the particulars of the standards set by both the competent Registrar, for the Registry, as ICANN in this area.
The customer assumes full responsibility and risk on an exclusive basis that the application complies with the policy of the competent Registry names.
7.4 The client and / or owner is solely responsible for choosing the domain name. Prior to the hiring of this service, the customer undertakes to ensure that the chosen domain name is not registered in advance on the website of EURid, http://www.eurid.eu/.
However, due to the search for information purposes only, if as a result of it, was obtained indicating that the domain name is available for registration, the client will not exhaustively interpret because the database could not be current or domain name may be requested by a third party, in the lapse of time between the registration of the domain name of the client and the confirmation of registration.
7.5 The client and / or domain name holder declares that he knows, accepts and shall comply at all times with the requirements of the Terms and Conditions of Domain Name Registration. Eu, along with the Registration Policy, the Dispute Resolution Rules. eu and Regulations. Respect for every moment, rules and deadlines set by the entity in charge of records, EURid, through http://www.eurid.eu/. Under this, the domain name holder and the customer assumes sole subsidiary of the consequences arising from a breach of those conditions, where such failure is attributable. Consequently, the customer must inform the holder in case of a mismatch in the same person or entity.
7.6 The client and / or owner may not claim or DOMIHOST Registry or damages caused by its non-compliance on your part.
7.7 The client and / or the holder represents and warrants that all information provided is complete and correct DOMIHOST. He must inform DOMIHOST immediately any change in this information. The customer is responsible for the accuracy of the information provided.
7.8 The holder, and the client alternative, is solely responsible for the use of registered domain DOMIHOST exempting from any liability for the use.
7.9 The client and / or owner DOMIHOST guarantees that the chosen domain name is not registered for any unlawful purpose or injure the rights of intellectual property or other rights and legitimate interests of third parties.
7.10 For any dispute arising over the rights to use the domain name. Eu and IDN. Eu chosen, the owner and / or the customer agrees and states subject to the Alternative Procedures for Dispute Settlement, regulated by the Dispute Resolution Rules . eu.
7.11 The customer agrees to keep operating, active and updated e-mail address provided in the contract form for communication with DOMIHOST, since it is the preferred media for DOMIHOST agile and fluid in the service demand as a result of the contractual relationship through this contract binds us.
To change your e-mail address provided in the contract form and contact address must do so through the BC, with measures such authentication own request, so that at no time be interrupted communication between both parties.
DOMIHOST disclaims all liability for the consequences of lack of effectiveness of the e-mail client or the lack of communication that the date change of management can produce, as well as disinformation alleging the customer due to its negligence in maintaining the assets of that fact.
It is the responsibility of the client, to transfer these obligations to update the e-mail contact, authorized users to access and perform actions from the BC, as well as respond to any consequences that may derive from its failure.
7.12 The customer is solely responsible for the use and conservation of BC login and password as they are identifiers that allow contrasting DOMIHOST authentication and facilitate access permission to the action requested from this tool. 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.
7.13 The client and / or the owner has full responsibility for the content of your website, the information transmitted and stored on their farms, the hypertext links to third party claims and legal actions that can trigger the entire reference to intellectual property rights and the protection of minors.
The client and / or the owner is responsible for laws and regulations and the rules that have to do with the operation of the online service, electronic commerce, copyrights, maintenance of public order, and universal principles of use the Internet.
7.14 Conditions for use of domain name: The use of domain names contrary to good faith and, in particular, are not limited to:
The use that is contrary to Spanish law or infringes the rights of others.
The posting or transmitting any content that, according to DOMIHOST, is violent, obscene, abusive, illegal, racist or libelous.
The cracks, software serial numbers or any other content that violates intellectual property rights of others.
The collection and / or use of personal data about other users without their consent or in contravention of the provisions of Law 15/1999 of December 13, Protection of Personal Data.
The use of the domain name of your mail server and / or email addresses for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading viruses (trojans, worms, etc.). or any other type of activity conducted in the spirit saboteur, fraudulent or criminal.
7.15 The Customer indemnifies and Registry DOMIHOST for expenses that it had for some reason attributable whose responsibility was attributable to the client and / or holder, including fees and expenses of attorneys DOMIHOST, even if not definitive judicial decision .
7.16 The owner and / or the client, if appropriate, authorize and consent to DOMIHOST annually contact with the owner for it to verify that all data in the public whois database is correct. In addition, the owner agrees that in the event that the information in this database is not true, shall, as soon as possible, to update it, and willfully providing inaccurate information that constitutes a material breach of contract and the basis for the cancellation of your domain name.
The owner and / or customer is obliged to reply within a maximum period of 15 calendar days DOMIHOST any requirement on the update of the data provided to the domain name registration. In case of default, may terminate or disable DOMIHOST the domain name.
7.17 The customer, by accepting this contract, expressly consents to the submission of invoices for the service contracted through electronic means, as stated by the current law on this matter.
7.18 The Customer agrees that telephone conversations you have with DOMIHOST can be recorded in order to improve the quality of our services and security in the provision of those services.
7.19 In addition the client and, where applicable, the owner assumes all obligations arising from the other clauses of this contract and that are not covered by this clause.
EIGHTH .- CONFLICT OF DOMAIN NAMES
8.1 The client and / or owner agrees to accept any possible request for arbitration by the registration of a domain name and submit to the regulations governing dispute resolution of domain names. Eu approved by Parliament and the European Council and to the general rules of ICANN.
8.2 The Procedure Alternative Dispute Resolution (hereinafter ADR) will be developed as regulated in the Rules for Dispute Resolution. Eu, available for consultation at http://www.adreu.eurid.eu/.
8.3 The ADR procedure may be initiated if the criteria of a speculative or abusive registration, or if it considers that a decision taken by the Registry conflicts with the provisions of the regulations governing domain names. Eu.
8.4 In cases where ADR proceedings are initiated if the criteria of a speculative or abusive registration, as specified in Article 21 of the Rules of the Public Policy Rules, if the panel supports the application, the name may transfer to the plaintiff, provided it meets the criteria for registration.
8.5 DOMIHOST not be liable for damages that may result if a domain name was embroiled in a conflict resolution process, both technical and administrative performance.
8.6 DOMIHOST not act as an arbitrator for resolution of disputes between the applicant and third parties for the use of the domain name.
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.
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.
Completion of the initial period of duration.
Termination for breach of any of the parties, including the holder of the domain name if it differs from the client, the obligations under the contract and that each party concerned.
When pursuant to a final arbitration award Alternative Procedure for Dispute Settlement domain name. Eu is determined that the name belongs to someone other than the customer or owner bound by this agreement.
10.2 If the customer default and / or the owner in his case because of the termination of the contract as set out in clause 10.1 c) DOMIHOST reserves the right to terminate in advance of this contract without notice and without the customer is entitled to compensation or reimbursement of any amount.
10.3 In the event of termination or rescission of the contract, for the reasons mentioned above or any others envisaged by law, the client and / or operator shall comply with the obligations assumed prior to the termination of the contract against DOMIHOST and third parties.
ELEVENTH .- DATA PROTECTION POLICY PERSONAL
11.1 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.
11.2 The personal data collected in DOMIHOST website http://www.domihost.es and especially, customer data entered during the recruitment process are automatically processed and incorporated into the corresponding files called "commercial" and "domains and registration", duly registered with the Spanish Agency for Data Protection.
In cases where the contract is not made on-line by the customer, DOMIHOST only retain personal information provided by it, for the time necessary to confirm such employment.
11.3 The collection and processing of personal data is aimed at maintaining the contractual relationship may be established con DOMIHOST 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.
11.4 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.
11.5 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.
6.11 DOMIHOST reports that pursuant to the provisions of Law 25/2007, of October 18 conservation of data on electronic communications and public networks, it shall hold and retain certain traffic data generated during development communications in order to transfer them to the legitimate authorities, legal under the circumstances therein provided.
11.7 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.
11.8 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/.
11.9 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.
11.10 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.
TWELFTH .- ASSIGNMENT
The client and / or holder may not transfer to third parties rights and obligations under this Agreement without the prior written consent of DOMIHOST and if it was obtained, to produce the assignment must, if necessary, with the standards set by the competent Registry for the corresponding change.
THIRTEENTH .- MODIFICATIONS
DOMIHOST reserves the right to modify, in any way, the characteristics and conditions in providing this service, 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.
In any case, these services can be modified by the entities ultimately responsible for registration and the client and / or owner must accept those changes. On this point, DOMIHOST not acquire any further obligation to inform the customers affected by the changes by posting on the website for this service DOMIHOST.
The client, once informed of the modification by DOMIHOST, may terminate the contract if you do not agree with the new circumstances.
FOURTEENTH .- LIMITATION OF WARRANTY AND LIABILITY
14.1 In no case or DOMIHOST or EURid, nor the managers and executives, managers, shareholders, agents or employees under them shall be liable for any direct or indirect causes related to the outcome of the domain name registration.
14.2 The holder of a domain name and the client alternative for cases in which both figures do not match, you agree to indemnify, defend, hold free of charge and hold any responsibility both EURid DOMIHOST as well as its directors, officers, employees, agents, and affiliates from all claims, damages, liabilities, expenses, etc.. including reasonable legal fees and expenses arising from or related to domain name registration to the holder.
14.3 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
FIFTEENTH .- 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, whenever possible, remain valid, unless the parties discretion decide to terminate the contract.
SIXTEENTH .- APPLICABLE LEGISLATION AND JURISDICTION
16.1 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, except in matters relating to registration and ownership of a domain name which will apply the relevant regulations issued by EURid and ICANN generic rules.
The regulations governing. Eu domains, can be found on the website of EURid, http://www.eurid.eu/, and consists inter alia, the following rules:
Regulation (EC) No. 733/2002 of the European Parliament and the Council of 22 April 2002 on the application of top-level domain. Eu, published in OJ L 113 of April 30, 2002.
Commission Regulation (EC) No. 874/2004 of 28 April 2004 laying down rules for Public Policy on the implementation and functions of the TLD. Eu, and the principles governing registration , published in OJ L 162, April 20, 2004.
16.2 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, through Arbitration at the Chamber of Commerce and Industry of Logroño. The arbitration will be held in Logroño and will be conducted in accordance with the rules of the Spanish Arbitration Act 60/2003, of December 23, and Regulations of the Chamber of Commerce.
If the conflict is raised by a consumer, pursuant to Law 26/1984, of July 19, General Defence of Consumers and Users, the arbitration proceedings before the Consumer Arbitration Board of the Autonomous Community of client's residence.
Each party shall bear its own costs in relation to arbitration, but the compensation and expenses of the arbitrators shall be made of the manner established by the arbitral decision.
16.3 for the case where the arbitration is not made by mutual agreement or is declared void, both parties submit to the Courts of the city of Logroño, waiving their own jurisdiction, if different, in cases procedural rules allow. For consumers or end users, DOMIHOST refers to the provisions of the current procedural rules.
16.4 If it is reasonably possible, the performance of this Agreement, will continue during the course of any dispute and / or arbitration or judicial proceedings.