|
|
|
GENERAL TERMS AND CONDITIONS FOR HIRING DINAHOSTING, S.L.’S SERVICE OF DOMAIN NAME REGISTRATION, RENEWAL AND TRANSFER This document establishes the General Terms and Conditions of the agreement for the provision of DOMAIN NAME REGISTRATION, RENEWAL AND TRANSFER services by the company Dinahosting, S.L. (‘Dinahosting’), with fiscal identity number B15805419, domiciled in Rúa Orfas, n.º 27, 1.º, Santiago de Compostela, Spain, listed in the A Coruña Register of Companies, volume 2514, page 194, sheet no. C-27529, entry 1 with a side note on the communication of domain names dated 12 November 2002. Dinahosting is represented by Elisa Couto Gómez, holder of Spanish ID no. 79311390-F. The provision of said services is addressed to legal and/or physical persons (‘hirer’) wishing to hire REGISTRATION, RENEWAL or TRANSFER services through a request made by electronic means, more specifically via the Internet, on the website owned by Dinahosting: http://www.dinahosting.com. 1 INFORMATION PRIOR TO HIRING, AVAILABILITY OF TERMS AND CONDITIONS FOR HIRING, HIRER’S ACCEPTANCE, DOCUMENTATION AND INFORMATION SUBSEQUENT TO HIRING These General Terms and Conditions for the provision of DOMAIN NAME REGISTRATION, RENEWAL AND TRANSFER services are permanently available on the website owned by Dinahosting, http://www.dinahosting.com. All users are entitled to save and print these Terms and Conditions and, therefore, to be previously informed of price conditions, features, rights and, in general, all the conditions under which domain registration, transfer and renewal services will be provided. In addition, these General Terms and Conditions are set out together with a summary of the specific request – the requested registration, renewal or transfer, the owner, the contract period, and its costs with an indication of taxes, if applicable – for its express acceptance by the hirer (‘you’) by clicking on ‘I have read and accept these Terms and Conditions’ every time a specific service request is made through the website. It is not technically possible for you to complete your request without accepting these General Terms and Conditions. In order for you to be able to accept these and, therefore, make a request, you must have previously signed up as a Dinahosting user by filling in a form with some basic details. After sending this form you will receive a username and password for accessing your exclusive area. This area is private and secure. Your request, and thus the aforementioned acceptance of these Terms and Conditions, will be made from this area. These General Terms and Conditions, with the specific request made by you via the Internet – specific terms and conditions – imply an agreement for the provision of DOMAIN NAME REGISTRATION, RENEWAL AND TRANSFER services between Dinahosting and you, who declare to be of legal age, to have enough capacity to enter into agreements, and to have read, understood and accepted these Terms and Conditions. Dinahosting will, within 24 hours after the service has been hired, send to the email address that you have stated in your user registration form as your main contact mode, an invoice with the description of the hired service, its costs – with tax breakdown if applicable – and the contract period in order to confirm the actual hiring of the service. In addition, your private area will give you permanent access both to these General Terms and Conditions and to the details of the specific services that you have hired and the duration of these, as well as the invoices proving your payments. Any subsequent alteration of these General Terms and Conditions will be, on the one hand, notified to you by email with one month’s notice and, on the other hand, clearly set out and easily accessible on the website (http://www.dinahosting.com). You will be entitled to print and save all the aforementioned documentation, and to request it at any time via email to info@dinahosting.com, or by telephoning 0034 902090016. 2 PURPOSE OF THE AGREEMENT By this agreement, Dinahosting undertakes to provide DOMAIN NAME REGISTRATION, RENEWAL AND TRANSFER services for a set fee and according to the following terms. 3 DINAHOSTING’S RIGHTS AND OBLIGATIONS 3.1 Provision of services: By this agreement, Dinahosting commits itself to taking the necessary steps to register, renew or transfer your selected domain name. More specifically, these operations are the following and are regulated as set out below: 3.1.1 DINAHOSTING’s intermediation for domain name registration, transfer and renewal: Dinahosting will register, renew and transfer – at your expense and in your name – your requested domain name, and will host it for the duration of the agreement as set out in these Terms and Conditions. In this way, you will be the owner of the registered domain name. Dinahosting simply acts as an intermediary on your behalf. The underlying registrar whose services are requested by Dinahosting is eNom, Inc., which in doing the operations needed for the provision of the service is bound by the registration procedures of the registrars authorised by ICANN. 3.1.2 Activation and confirmation of registration, transfer and renewal: Domain registration, renewal or transfer services will be active as soon as possible according to the timescales determined for each domain type by registration bodies, unless insurmountable problems affecting the Internet, server failures, or any other potential problem for which a third party is directly responsible, not Dinahosting (see clause 3.2 of these Terms and Conditions) occur. It is absolutely necessary to have simultaneously made the payment for the domain registration, renewal or transfer for the period specified in the agreement, and Dinahosting must have knowledge of the payment as stated in clause 4 of these General Terms and Conditions. Dinahosting will not take any steps until your payment has been recorded. Once the payment has been made, Dinahosting will send you an invoice for the contracted service, and an email confirming the effective registration, transfer or renewal, the domain name concerned, and the registration, renewal or transfer period. Only after this confirmation email has been sent will you be entitled to consider the domain name as actually belonging to you. You must wait for this confirmation by Dinahosting before you are able to use your requested domain name for commercial or other purposes which may require actual domain ownership. Likewise, you will only be able to consider the domain as actually transferred or renewed after you have received a confirmation email. 3.1.3 Domain name transfer: Dinahosting will arrange at your expense the transfer of domain names before the authorised bodies, thus abiding by the procedures on changes or transfers set up by such bodies. After your request has been handled, as long as there is no problem – see clause 3.1.4 of these Terms and Conditions – and once the payment has been made as stated in clause 4, registrars will be changed and the domain will be transferred as soon as the previous registrar/provider accepts your request, and you, using the email address provided as the domain’s administrative contact, confirm to your previous provider that you wish to transfer your domain name to Dinahosting. Once the requested change has been obtained, Dinahosting will send you an email informing you of the effective transfer, the transferred domain and the registration period (see confirmation clause 3.1.2). After the domain has been transferred, renewals and any other issues pertaining to the domain will be governed by the provisions of this agreement. 3.1.4 Impossibility of domain name registration, transfer and renewal: Dinahosting will be entitled not to undertake a request for domain name registration, transfer or renewal for the following reasons: because the domain is not available (if it has been registered previously) or because the domain is about to expire (many providers demand that registration is renewed with them when renewal time is imminent) or because the domain has definitely expired and is in one of the following states: registrar lock (the state of a domain that has been blocked by the registration provider, which makes its transfer impossible), registrar hold (the state of a domain name on the day after it expired), pending delete (the time after expiration and registrar hold) and redemption period (the state of a domain that expired longer ago than permitted, a period during which official bodies apply a penalty if the owner wishes to renew the domain). In the case of territorial domains, Dinahosting abides by the procedures set up by each country, which may make it impossible to handle your request if you do not meet the requirements demanded by the official bodies of each country to proceed with registration. Dinahosting will also be entitled to deny the registration of domain extensions if these are not included among the extensions whose registration is offered by Dinahosting, as well as for any other reason cited by the authorised bodies of the global domain registration system. Dinahosting will explain to you the reasons why your request has not been accepted by email or by any other means expressly agreed upon. Dinahosting thus reserves all rights not to proceed with certain requests. If payment of the service has been made, Dinahosting will send you a reimbursement for the amount paid together with an explanation for the refusal of your request. 3.1.5 Technical support: Dinahosting will provide free technical support for the duration of the contracted service. This support will not be offered for any issues not specifically related to domain registration unless other services are hired. Technical support will be provided preferably by email before any other means are employed. Technical support will refer to changes in domain ownership (see clause 10 of these Terms and Conditions), administrative, technical, and billing contact, DNS changes, and the services included in clause 4.2 of these General Terms and Conditions. The technical support email address will be info@dinahosting.com, and all replies will be sent to the email address you have provided in the request form for user registration with Dinahosting (see clause 6 of these Terms and Conditions). 3.2 DINAHOSTING’s liability. 3.2.1 Actual concession of domain name registration, transfer and renewal: you acknowledge that Dinahosting simply handles registration, transfer and renewal requests, acting as an intermediary. However, the actual concession lies solely and exclusively with the competent official registration bodies. Dinahosting just makes the necessary arrangements to perform such registration, renewal or transfer at your expense, not guaranteeing in any case that the body before which such arrangements are made will proceed to the approval of these. In the case of renewals and transfers, the domain must not be in any of the states described in clause 3.1.4 of these Terms and Conditions. Also, in the case of transfers, a proactive approach is required on your part, such as the confirmation that you wish to transfer your domain which you must send to your previous provider via the email address stated as the domain’s administrative contact. Likewise, you must take a more proactive approach to carry out domain registration renewals (see clause 4.1.4 of these Terms and Conditions). Dinahosting will not be liable for any delays or the consequences of these when such delays are due to a passive attitude or lack of diligence on your part. It will be understood that there is lack of diligence on your part when you do not renew and, therefore, do not pay for the registration of a domain before its expiration date, or when you do not approve the proceedings confirming a domain transfer (see clause 4.1.4 of these General Terms and Conditions). 3.2.2 Domain ownership: Dinahosting will not be responsible for any issues pertaining to the legitimate ownership of a domain name. This responsibility lies solely and exclusively with you, who state that you have a legitimate interest in said registration and you are not harming a third party’s interests. Likewise, Dinahosting will not be liable for any changes in ownership or in any of the details included in the domain registration when these changes are due to your lack of diligence to maintain the security of the passwords with which you access your private area at www.dinahosting.com in order to make this kind of change. 3.2.3 Domain registration details: All the details needed to proceed with domain registration – details referring to the owner or registrant, administrative contact details, technical contact details, billing contact details, and DNS-related details – will be provided by you when you make a domain-related request. The responsibility for the accuracy and update of these details lies exclusively with you. Dinahosting will put electronic means at your disposal for you to change or update these details (see clause 5 of these Terms and Conditions). By default, any domain registration request will be made with Dinahosting’s DNS unless you subsequently provide us with other details. 3.2.4 Connexion errors, acts of nature and force majeure: Dinahosting will not be liable for the errors, access delays, delays affecting the registration system of a specific official registration body, or any potential anomaly affecting the domain registration, transfer or renewal process, when these anomalies are due to general problems on the Internet, acts of nature, force majeure, or any other circumstance which is totally unpredictable and, therefore, unrelated to the company’s good faith. Dinahosting undertakes to try to solve these incidents by every means within its power. 3.2.5 Miscellaneous: Dinahosting will by no means be liable for the errors or damages caused by your inefficient, ill use of the service. Likewise, Dinahosting will not be liable for the consequences, whatever their extent, of a lack of communication between Dinahosting and you when it is due to the failure of your email account or false details provided by you in your user registration at www.dinahosting.com. 3.2.6 DINAHOSTING’s liability: Dinahosting assumes its responsibility as intermediary in the registration, transfer and renewal request, handling such request with due diligence as set out in these General Terms and Conditions and according to the details specified by you in the request form. Also, Dinahosting will host the domain name concerned for the hired registration period, and will implement the changes in the domain details or contacts which you may ask Dinahosting for if you are duly authorised to do so. You expressly renounce any claims alleging Dinahosting’s contractual or extracontractual liability for any potential damages arising from your own breach of these General Terms and Conditions or from malicious or negligent behaviour on your part. In any event, if Dinahosting fails to provide an efficient service according to the provisions of these General Terms and Conditions, Dinahosting’s liability will be objective liability limited to the reimbursement of the amount that you have paid. 3.2.7 Indemnification: The Registered Name Holder must indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration. This indemnification obligation survive the termination or expiration of the registration agreement. 3.2.8 Sunrise policy: The Registered Name Holder consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6; The Registered Name Holder submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP"); The Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including,without limitation: the ability or inability of a registrant to obtain a Registered Name during these periods, and the results of any dispute over a Sunrise Registration.
4 HIRER’S RIGHTS AND OBLIGATIONS 4.1 Payment: You undertake to pay in advance the amount due for the services provided. The amount, method, and terms will be the following: 4.1.1 Amount: The costs of this service (16% VAT not included in any amount) will be as specified in Appendix 1 of these Terms and Conditions. Domain name transfer entails the obligation to renew the domain which is to be transferred for the required minimum period, except for territorial domains under .es. You will in no way lose the period contracted with your previous provider. The prices specified in Appendix 1 may be unilaterally altered by Dinahosting according to market needs. You will be notified of any such alteration at least one month in advance, and will be entitled to unilaterally terminate the agreement one month before the expiration date of your registration, so that Dinahosting will not renew the service applying the new fees. 4.1.2 Payment methods: You must pay the amount due for the contracted service with the following payment methods: * Visa, MasterCard 4.1.3 Payment terms: Regardless of the duration of the contracted domain registration, which will be a minimum of one year (ending on the day before that of registration – see Appendix 1 of these Terms and Conditions) and two years in the case of certain domain extensions (see Appendix 1 of these Terms and Conditions), you must make the payment at the time of your request. Dinahosting will not undertake any proceedings until the payment has been duly proved. The payment will be deemed proved when Dinahosting receives a bank communication in this regard. In the case of bank transfers, you must send proof of payment via fax at 0034 981577449, duly including the payment description. 4.1.4 Payment for renewals: You acknowledge that you must pay for the renewal of your domain at least fifteen days before the termination of the latest agreement you have entered into – the date when the domain will expire – in order to avoid last-minute problems and unexpected consequences. You assume all responsibility for any potential loss or incidents arising from a late renewal request. Dinahosting’s sole responsibility will be for the reimbursement, if applicable, of the amount paid by you for a late renewal service that, eventually, it has not been possible to perform. Both parties agree that if you have not made the appropriate payment on the working day before the expiration of any of the payments established in this agreement, Dinahosting will not renew the registration of the requested domain name, with all the consequences derived thereof, and will deem this contract terminated. Dinahosting will be exempt from paying reimbursements or compensations of any kind. Also, Dinahosting states that it will perform the renewal until the last day before the registration expiration date, but it does not assume any liability for the loss of this domain which may derive from your breach of the aforementioned early renewal. 4.1.5 Invoicing: You will receive an invoice with an itemised breakdown issued by Dinahosting. The invoice will be sent to you by email after you have paid for the service, and will also be permanently available in your private area at www.dinahosting.com. 4.2 Free services included with domain registration, transfer and renewal: You will receive the following services at no additional cost: changes in the registration details (owner, administrative contact, billing contact and DNS), domain name redirection to another web address, and domain parking service. You will also be entitled to open free email accounts redirected under the registered, transferred or renewed domain name. In order to do so, you must have a real and effectual email address, where you will receive any emails sent to your ‘fictitious’ email address created under your domain name. All these changes will only be effective forty-eight hours after you have requested them from your private, secure area accessed with your username and password. These services will not be available for territorial domains. 4.3 Abandonment: Domain registration, transfer and renewal services are not subject to your potential abandonment of such services, as these are performed according to your specifications (the specific selection of a domain name), i.e. these are clearly customised services which, due to their nature, cannot be returned since the services are fully performed and therefore you have no right to return them, as specified by Spanish Ley 7/1996 de Ordenación del Comercio Minorista y de Ventas a Distancia (Law 7/1996 on Retail Trade and Telesales Planning) as amended by Ley 47/2002 (Law 47/2002). 4.4 Hirer’s responsibility 4.4.1 Good use of service: You must make good use of the service and, consequently, must not use the service in bad faith for any activity forbidden by law or not allowed by trade customs. You also declare that, as far as you are concerned, neither the registration of the domain name nor its direct or indirect use breach the legal rights of any third party. You assume full responsibility and, exclusively, the risk that your request has been made in accordance with domain name policies, and assume, also exclusively, all responsibility derived from the use of the domain. By this agreement, and from the moment Dinahosting is firmly aware of any illegal behaviour or use in general on your part, Dinahosting has the power to inform the competent authorities of such act or use, and to immediately terminate the service. You will be the sole responsible party to face any claim or legal, judicial or extrajudicial action pertaining to your registration, ownership and use of your requested domain, taken by any injured third party before a court or other bodies such as ICANN or WIPO. You will assume all expenses, costs and compensations which Dinahosting may incur if the claim is against Dinahosting. Especially, when a judicial or extrajudicial authority lodges a claim to the domain name that you have registered, the potential loss of said domain name will not imply the reimbursement of the amount paid to Dinahosting by you, as it is you who assume the full and exclusive responsibility for the legitimacy of your request. Dinahosting will observe any official order issued by a competent authority regarding the concerned domain. You accept that your registration is subject to suspension, cancellation or transfer pursuant to any ICANN specification or policy, or any registration procedure which is not compatible with any ICANN specification or policy to correct potential mistakes made by the Registrant or Registrar when registering a domain name, or to resolve a conflict pertaining to the registered name. 4.4.2 Bank refunds: For each bank refund that has to be made owing to your actions or behaviour – e.g. you have returned a receipt to your bank, or do not have enough funds in your stated account number from which the debit should be made – Dinahosting will charge you an additional fee of €1 for each unpaid receipt. This fee corresponds to the bank expenses incurred by Dinahosting in setting up a standing order, in the first place, and assuming the costs of a returned receipt, in the second place. As soon as Dinahosting receives a rejected standing order from the bank, Dinahosting will inform you of this fact by email for you to make the payment with the aforementioned surcharge of €1 within twenty-four working hours. This payment must necessarily be made by bank transfer, and you must subsequently send proof of payment via fax to 0034 981577449. If you have not paid for the service after those twenty-four hours, Dinahosting will restrict your access to the domain’s administration, i.e. you will not have any of the services in clause 4.2 of these Terms and Conditions. Dinahosting will redirect the domain name to www.dinahosting.com as Dinahosting will be deemed its lawful owner since the payment for the domain has not been made. Also, when a payment made by bank card is rejected by the bank owing to a claim of the legitimate holder of the card with which the payment was made, Dinahosting will, immediately and without prior notice, restrict the access to the domain’s administration and will redirect the domain to www.dinahosting.com. Dinahosting reserves the right to take the appropriate legal actions to defend its legitimate interests. While you do not pay for the service, you will only be entitled to buy at Dinahosting using a bank transfer as the payment method. 4.4.3 Security and protection of passwords: You will be solely responsible for the maintenance and creation of your own backups of the contents and all the information on your website. Hosting services are not included in the provision of domain name registration, transfer and renewal services. Also, you will be responsible for the security and confidentiality of the passwords to access your private area in order to administer your domain and request any changes in your domain’s registration details. You must keep your passwords safe in order to prevent any unauthorised third party from accessing your domain. 4.4.4 General duty of care: You will be responsible for performing any actions you may be required to with due care in order for the service to be properly provided. Especially, you must be careful regarding service renewal and the approval of domain transfer arrangements. 5 PERSONAL DATA PROTECTION 5.1 Notification of file existence to user and request for approval of automated treatment of personal data: As regards to the personal data given by you in the user registration form at www.dinahosting.com, Dinahosting strictly observes the existing regulations contained in Spanish Ley 15/1999 de Protección de Datos de Carácter Personal (Law 15/1999 on Personal Data Protection) and other laws that expand on it. Your must be aware that your data will be added to a file for their automated treatment. By accepting these General Terms and Conditions, you give your consent to such treatment. 5.2 Purpose of the data: Dinahosting compiles certain personal data which you fill in freely in a form in order to be able to hire various services, and for Dinahosting to reply to and identify your requests. To this end, we need to know who you are in order to know your needs. Dinahosting will manage your data by automated means for managing, expanding and improving its services, as well as for technical and commercial purposes involving its offer of products and services. Also, Dinahosting gathers certain data in the area of human resources and that of agents and partners with a view to selecting and remaining in contact with future company workers and agents. In any event, the data gathered and treated by Dinahosting are only the basic data needed for the aforementioned purposes. 5.3 Compulsory data introduction: It is not necessary to enter any personal data to access Dinahosting’s website www.dinahosting.com. However, in order to make a request for information or for a specific service, you must enter certain data in the forms provided on the website for the aforementioned purposes. Fields marked with an asterisk (*) are mandatory. If these are left blank, it will be impossible for Dinahosting to provide the service you intend to contract, or for you to send your information request. 5.4 Rights of access, modification, cancellation and objection: By entering your personal data in the registration forms, you will be fully entitled to exercise your rights of access, modification, cancellation and objection at any time by sending a request to datos@dinahosting.com, or by post to Dinahosting, S.L., Rúa Orfas, n.º 27, 1.º, 15703 SANTIAGO DE COMPOSTELA, Spain. You must always attach a copy of the data holder’s ID to your request. Dinahosting commits itself to cancelling the personal data that have been gathered when these details are no longer necessary or relevant for their initial purposes. 5.5 Responsability for data treatment: The company responsible for data treatment is Dinahosting, S.L., domiciled in Rúa Orfas, n.º 27, 1.º, Santiago de Compostela, Spain. Dinahosting has duly registered its files in Spanish data protection agency Agencia de Protección de Datos, registration code nos. 2013550062, 2013550063 and 2013550064, which may be checked at www.agpd.es. 5.6 Data transmission: No data will be passed on to third parties. Dinahosting will use your data only for the purposes described in clause 5.2 and will not pass on such data to any other company. You must be aware that, by accepting these General Terms and Conditions, you give your consent to the data communication that may be necessary and indispensable to manage the services you have hired. Such communication relates to the very reason why the data were entered and, therefore, to the free and lawful acceptance of the legal relationship between you and Dinahosting. The development, observance, and monitoring of this relationship entails the necessary communication of said data. 5.7 Security: Dinahosting guarantees the absolute confidentiality and privacy of the personal data it gathers. To this end security measures have been adopted in order to avoid any alteration, loss, or unauthorised treatment or access, thus ensuring data integrity and security. Dinahosting will nevertheless not be liable for any potential incident regarding personal data when such incidents derive either from an unauthorised attack or access to the systems which is impossible to detect or prevent even if state-of-the-art measures are adopted, or from your lack of care of the security and protection of your passwords and personal data. As an additional warranty, Dinahosting has an SSL security certificate issued by thawte, Inc. (www.thawte.com) in order to ensure personal data transmission under a secure area. 5.8 Use of cookies: Dinahosting uses cookies to gather information and perform statistical analyses of the use of the website www.dinahosting.com (which may also be visited and used anonymously) and to enable the functioning of some services. The cookies used by Dinahosting are anonymous. They do not refer to your personal data and can never be used to access the data that you may have in your hard disc. Your identity is never directly inserted into the cookie and is not, therefore, interceptable. The only non-anonymous cookies, i.e. cookies enabling identification, can be assigned only with your prior consent when you wish to be immediately identified to access restricted areas on the website without entering your passwords manually. In any event, if you do not want such cookies to be installed, you may change your browser settings to prevent this from happening. No alteration or modification in the use of Dinahosting’s website will occur. 5.9 Correctness of data: You are responsible for the correctness of your data. You agree to provide Dinahosting with accurate and true contact details, and to update and alter them whenever necessary. These data will include your full name, postal address, email address, phone number and fax number, if there is any, the name of the person authorised to be contacted if the domain name owner is a business or organisation, the names of the primary and secondary DNS for the registered domain name, the name, postal address, email address, phone number and fax number, if there is any, of the registered domain’s technical contact, and the name, postal address, email address, phone number and fax number, if there is any, of the registered domain’s administrative contact. Dinahosting offers you every means to alter you data. You may do this from your own private, secure area at www.dinahosting.com, which you may access with the passwords received after your registration as user. Consequently, you must be especially careful to secure and protect your passwords. You agree to use a third party’s personal data only when said third party has authorised you to do so. Your wilfully entering inaccurate or false information, or wilfully failing to correct or update the information you initially provided to Dinahosting, or failing to reply within 15 calendar days to Dinahosting’s queries on the correctness of the contact details given with your registration, will be grounds for termination of the agreement and will lead to the cancellation of your domain registration by Dinahosting. Any hirer owning a registered domain name who wishes to grant the use of a domain to a third party will remain, in any case, the owner of said domain. The hirer will also be responsible for providing his/her own contact details and providing and updating accurate and true technical and administrative data which help find a fast, simple solution to any potential problem related to the registered domain name. The owner of the registered domain name who grants the use of said domain to a third party according to the provisions of this clause accepts unconditional liability for the damages caused by the wrongful use of the registered domain name, unless the owner reveals without delay the identity of the person or persons to whom the owner has granted said rights of use as long as the owner has convincing evidence of wilful damage. The owner of a domain name who gives Dinahosting a third party’s data states that said third party has given the owner the approval which Dinahosting demands in this agreement. 5.10 Spamming: Dinahosting is clearly against spamming and will never carry out such practices. Dinahosting only sends information to the email addresses given by those persons who have signed up as users at www.dinahosting.com and, therefore, accepted these General Terms and Conditions and Dinahosting’s data protection policy for sending such information. Likewise, Dinahosting will never allow you to carry out spamming practices. Your failing to abide by this clause will result in Dinahosting cancelling your services and taking appropriate legal action. 6 COMMUNICATIONS Dinahosting and you agree to communicate with and inform each other of any event that may occur for the duration of the agreement, preferably by email before any other communication mode is employed. Dinahosting’s email address for such communications will be info@dinahosting.com. Your email address will be the one provided by you in your Dinahosting user registration form at www.dinahosting.com. You undertake to keep your email address operative and to modify it from your private area, should this be necessary to keep receiving communications. In any event, if any urgent problem or breakdown occurred, communication will be made by phone, fax, post, courier service, or any other means suitable to the desired end. Nevertheless, the preferred communication mode will be email, Dinahosting being exempt from any liability arising from your not checking your mail, or from any error in the email address you have provided us. Each party will be responsible for the security and protection of communication backups. 7 COPYRIGHT AND TRADEMARK RIGHTS DINAHOSTING is a trademark. The unauthorised use by any means of Dinahosting trademark, which includes both the name and the logo, is strictly forbidden without express permission of Dinahosting. All rights reserved. Dinahosting’s website – its own contents, the programming and design of the website – is fully protected by copyright. Reproduction, disclosure, distribution or alteration of said protected elements are strictly forbidden without Dinahosting’s express permission. 8 DURATION OF THE AGREEMENT The duration of this agreement for the provision of domain registration services will be the duration you request according to the periods specified for each domain type in Appendix 1 of these Terms and Conditions. The duration of this agreement will vary according to the domain type you choose in your request, which will be shown on your Services Administration Panel. You should be aware that it will not always be feasible to renew a domain for over one year, and you will be properly informed of this fact by Dinahosting. If you have chosen to pay by standing order and selected the option of automatic renewal, your registration will be renewed as long as no payment return or other mishap affects the email account you have provided us in order to carry out such renewal. Dinahosting, however, will send you an email before the end of your registration period so that you will be fully aware of this situation. 9 TERMINATION OF THE AGREEMENT Dinahosting and you will be entitled to terminate this contract for any reason set out in the existing laws and especially for the non-compliance with the terms and conditions established therein. In the event of your non-compliance, Dinahosting will be entitled to exercise its right to immediately terminate this agreement with no prior notice in those cases where your non-compliance may be illegal. In other cases you will be given 30 days’ notice, and you will have no right to compensations of any kind. Dinahosting reserves the right to take appropriate legal action needed to claim damages for the aforementioned reasons. In the event of Dinahosting’s non-compliance with the provisions of these Terms and Conditions, you will be entitled to terminate this agreement with 30 days’ notice. Should Dinahosting be guilty of breach of contract, this would be a case of objective liability which would entail the reimbursement of the amount you have paid for your domain name registration, transfer or renewal. 10 DATA TRANSFER Domain name registration services are personally performed with you. Dinahosting entitles you to pass on such registration to a third party. Data transfer will be performed by changing your registration details in your private, secure area. Also, Dinahosting reserves the right to transfer its status in this agreement to other companies giving you at least 30 days’ notice in all cases. 11 JURISDICTION AND APPLICABLE LAW These General Terms and Conditions are subject to Spanish law. More specifically, these Terms and Conditions are subject to the provisions of Ley 7/1988, de 13 de abril, sobre Condiciones Generales de Contratación (Law 7/1988 of 13 April on General Hiring Conditions); Ley 26/1984, de 19 de julio, General para la Defensa de Consumidores y Usuarios (Law 26/1984 of 19 July, General, on Consumer and User Defense); Real Decreto 1906/1999, de 17 de diciembre de 1999, por el que se regula la contratación telefónica o electrónica con condiciones generales (Royal Decree 1906/1999 of 17 December on the Regulation of Hiring by Phone or Electronic Means with General Conditions); Ley Orgánica 15/1999, de 13 de diciembre, sobre Protección de Datos de Carácter Personal (Organic Law 15/1999 of 13 December on Personal Data Protection); Ley 7/1996, de 15 de enero, de Ordenación del Comercio Minorista (Law 7/1996 on Retail Trade Planning), and Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y Comercio Electrónico (Law 34/2002 of 11 July on Information Society- and e-Commerce-related Services). For the settlement of any dispute or litigation arising from these General Terms and Conditions, the competent courts will be those located in the your area if you are a consumer. Otherwise the competent courts will be those of Santiago de Compostela, with you expressly renouncing any other jurisdiction that might be applicable to you. 12 MISCELLANEOUS Should any clause of this document be deemed null and void, all other clauses will remain valid and will be interpreted according to the parties’ intentions and the very purpose of these Terms and Conditions. This agreement is carried out only in Spanish and Galician. Dinahosting may omit to exercise some of the rights and powers conferred to it by this document. This will by no means imply that Dinahosting renounces such rights and powers, unless Dinahosting expressly acknowledges so. These General Terms and Conditions have been registered in the Spanish General Register of Hiring Conditions in order to give transparency and security to the whole process. |
 |