By means of this document the General Conditions of Hiring settle down applicable to the benefit of the service of REGISTRY, RENOVATION AND TRANSFER OF NAMES DOMAIN (in future, General Conditions of the Service) on the part of INFORTELECOM HOSTING LIMITED LIABILITY COMPANY (in future Infortelecom), with CIF B-97193114 and head office in Ronda de Narciso Monturiol and 17 Estarriol B, 1-1, Building AS Center III Paternal Technological Park 46980, Valencia, registered in the Mercantile Registry of Valencia, volume 7182, book 4485, folio 78, Nºmero.V-83529 leaf, to the legal natural people and/or (in future, contracting person) who indicate their will to contract the services regulated in the present conditions by means of the request realised by electronic mediums, concretely via Internet, in the website databasemagic.net, ownership of Infortelecom.
Information and contractual documentation. Acceptance of the contracting person
The present General Conditions of the Service expose with permanent character in the website databasemagic.net (in future, Website), being able all to file them, to print them and, therefore, to be previously informed into the conditions of the price, characteristics, rights and, generally, of all the conditions in which the benefit of the service will take place.
Also, the present General Conditions of the Service are reiterated along with a summary of the specific request - type of domain specifically contracted, to title, period by which contract and cost with indication of applicable taxes in each case - for their express acceptance on the part of the contracting person - by means of a click in I read and acceptable the Conditions - whenever a request is realised makes specific on watch through Website.
It is not technically possible that the Contractor can finalize the request without the acceptance of the present General Conditions of the Service, the General Conditions of access has taken place and use of the website and the Contract of IN CHARGE OF the personal DATA PROCESSING. So that the Contractor can carry out this acceptance and, therefore, to realise the request, will have to be registered as user in Infortelecom, covering for it a form with initial datas whose shipment will imply the concession of a name of user and a password to accede to the exclusive area of the Contractor, and the acceptance of the present Conditions.
The Contractor when accepting these conditions gives his express consent and without reserves so that Infortelecom conducts the necessary operations of collection for the acquisition of the services that contract. Therefore, the Contractor specifically gives his consent authorizing to Infortelecom to realise the collections in the payment methods that the same introduces from a safe area and, therefore, the operations that Infortelecom realises or domiciling in the checking account of the Contractor, or realising a position in his card or any other method of payment chosen by the General Conditions of Hiring of Registry, Renovation and Transfer of 2 of 3 names of Contracting domain, they consider themselves authorized for the purposes of the normative one on services of payment. -
The present General Conditions of the Service together with the specific request realised through Internet by the Contractor particular Conditions imply the formalization of the Contract of Services (in future, the Contract) between Infortelecom and the contracting person who declares to be adult, to have capacity sufficient to contract and to have read, to have understood and to have accepted the present Conditions.
Infortelecom, at the time of taking place the hiring and in a term superior to the twenty-four hours does not send to the email address, who the Contractor has specified in the form of registry of user as main route of contact, leaf of order or invoices justificatory with description of the contracted service, cost - with removal of taxes if application and period by which were from contract. Also, the Contractor will have the detail the concrete services that he has contracted and the period of use of the same along with the accrediting invoices of the payment, with permanent character, in his private area. Any later modification of the present General Conditions of the Service or the General Conditions of Hiring, will be, on the one hand, notified to the Contractor via e-mail fifteen days ahead and, on the other hand, exposed clearly in the website. All the indicated documentation previously can be printed and be filed by the contracting person, who can at any time ask for it to the Service of Attention to the Client by means of the remission of the corresponding e-mail to calidad@Infortelecom.es or by telephone in number 91 082 00 73.
Any request of information, or claim that is considered pertinent, will be able to consider to the Service of Attention to the Client in the signs identified in the previous paragraph. The Service will confirm receipt of the complaint made by means of the remission of the pertinent voucher with the corresponding number of ticket to the email address who will have to be provided to the Service of Attention to the Client to transact the claim. After receiving a request or claim by any of means indicated in the previous paragraph, Infortelecom will analyze the case raised by the user and it will as soon as possible provide an answer to him, that in any case will not surpass the fifteen (15) natural days counted as of the next day to the one to receive Infortelecom the request or claim.
The hiring of the services of Infortelecom necessarily implies the acceptance of its Policy of Privacy and the General Conditions of access and use of the website databasemagic.net, allowing the treatment of the data in the terms described in both legal texts.
Infortelecom contract is hereby committed to serve of REGISTRY, RENOVATION and/or TRANSFER of names of domain in exchange for a certain remuneration and based on the Conditions that next settle down
Rights and obligations of Infortelecom
Benefit of services
Infortelecom is committed by means of the formalization of the present contract to realise the managements necessary to register, to renew or to transfer the name of domain chosen by the contracting person. Concretely, these managements are and they are regulated of the following form:
The service of registry, renovation or transfer of domain names will be lent in any case on behalf of the contracting person. Infortelecom acts as mere intermediary in the allocation of domain names. Infortelecom makes the requests of registry before the official suppliers (also denominated Operator of Registry, Authority of Asignaci³n or Registry in ahead these denominations will be used indifferently to talk about to this entity type) and is put under, when realising the proceedings necessary to be able to serve, to the procedures that at every moment the ICANN demands - international organization in charge of the management and allocation of names of domain at world-wide level and/or the Operator of competent Registry to assign the asked for domain.
The contracting person authorizes to Infortelecom to act by her account before the Operator of Registry of the domain, as well as to realise all the necessary activities for the allocation and renovation of the name of contracted domain, including the reception of the corresponding communications, and to realise by its account the payments corresponding to the allocation and renovation of the domain names, that she asks for is realised per successive years.
The contracting person is conscious and assumes that, once the Registry communicates to Infortelecom that the domain name can be assigned or be renewed to satisfy the requirements established to the effect, Infortelecom is forced to realise, on behalf of the contracting person and in the settled down terms, the payment of the corresponding amounts by allocation or, where appropriate, renovation. In case of not satisfying the corresponding amounts, the domain name will happen to be available for its registry in favor of a legitimized applicant
Activation and confirmation
The service of registry, renovation or the service of transfer of domain will be active as rapidly as possible according to the terms that the different Operators from Registry settle down for each type of domain and, except for unsalvable problems in the Internet network or failures in the servers or other possible problems nonimputable directly to Infortelecom but to Third parties grapevine. clause 3.of a these Conditions. It is absolutely necessary simultaneously to have realised the payment of the service of registry, renovation or transfer of domain by the contracted concrete period and that therefore to him grapevine consists to Infortelecom . point 4 of these Conditions; Infortelecom will not realise any proceeding until it has certainty of the made payment. Once made the payment, Infortelecom will send order leaf and, later invoices accrediting of the contracted service, as well as an e-mail confirming the registry, transfer or effective renovation of the domain name object of proceeding and the period per which it is registered, it renews or it transfers. Until the contracting person does not receive this confirming e-mail, cannot consider registered, renewed or transferred the domain name, and hopes to receive this confirmation to realise commercial law actions or of any other type with the asked for domain who can suppose the effective ownership of the domain.
By reasons for security, to avoid transferences nonauthorized resultants of hijacking and/or fraud, the holder of the domain name accepts that the activation of the domain implies the blockade of the same by defect, so that it is not possible to transfer the domain to another Recorder. In order to unblock the domain it is necessary to ask for it through Control Panel on the part of the contracting person, facilitating the corresponding safe AuthCode in case of breach of the present Conditions.
Infortelecom will thus transact on behalf of the contracting person the transfer of domain names before the organisms authorized being put under the procedures on changes, transferences or transfers that these organisms establish. Processed the request, as long as grapevine does not exist any impediment . 3.a.iv of these Conditions and has made the payment, will be come to the Recorder change. The domain will be transferred as soon as the previous Recorder (Supplier) accepts the transfer request and the contracting person, from the email address facilitated as administrative contact of the domain, confirms to the old supplier her will of transfer to Infortelecom. Once obtained the asked for transfer, Infortelecom will confirm via e-mail the transfer of the domain and the period per which it is registered grapevine. confirmation clause 3.a.ii-. Once transferred the domain, the subsequent renovations and all regarding the same they will be in force by the arranged thing in these Conditions.
Impossibility of benefit of the service
Infortelecom will be able not to take to end a request determined of registry, transfer and renovation of a domain name: or because the domain is not available - case that this one or has been registered previously, or because the domain is on the verge of expiring some Cash registers demand that the registry with them renews before the imminence of the renovation, or because or it is definitively expired and in some of the following states: To register Lock or registry blocked - been in which the domain is blocked by the registry supplier and makes impossible a transfer, To register Hold or registry in delay - been in which is a name of domain the day after its lapsing, Pending Delete or slope of erasure - period subsequent to the lapsing and to the registry in delay, or Redemption Period - been of the domain expired by a time superior to the allowed one, during that the Operators of Registry apply a sanction in case the holder wishes renovarlo-.
Each extension (gTLD or ccTLD) has his own restrictions and/or conditions specific, reason by that the contracting person will have to make sure before contracting that she satisfies the requirements demanded by the Operator of Registry so that the registry that it asks for arrives at good port. These specific restrictions and/or conditions can consult of synthetic form in the webpage of Abserver and complete form in the webpage of the Operator of Registry, prevailing this last over what has been shelp in the one of Infortelecom grapevine. 4.d.vi of the Conditions.
If they are not fulfilled the specific restrictions and/or conditions associated to the asked for extension the registry of the name of asked for domain will be denied. Of the same form the request of registry of those extensions will be denied whose registry is not available in databasemagic.net, or by any other reason adduced by the organizations or organisms authorized in the world-wide system for registry of domains. Infortelecom reserves the faculty to transact certain requests of registry, renovation or transfer.
Infortelecom will facilitate technical support during the contracted benefit on watch. It will not facilitate this attendance in everything what one does not talk about specifically to the registry of the domain unless other services are contracted that yes require it. The technical support will be realised, preferably and previous to any other route, by means of e-mail and it will talk about to modifications in the ownership of the domain of the administrative, technical contact, of invoicing, change of DNS, and to the services indicated in the clause 4.b of the present General Conditions. The e-mail for this type of support will be dominios@Infortelecom.es and the answers will take place to the direction of the e-mail that the contracting person has facilitated in the form of request of registry of user in Infortelecom.es grapevine. clause 6 of the present Conditions.
Characteristics of the service and tariffs
The characteristics of each one of the services, the applicable availability of the same and tariffs will be those that at the time of the hiring appear it express publicly and, in relation to each extension, in the www.databasemagic.net website.
Concession of the service
The contracting person recognizes that Infortelecom simply realises the request of registry, transfer and renovation, acting as intermediary in the terms described in these Conditions, and that are the only person in charge of the fulfillment of the obligations that assumes in the same. Nevertheless, the effective concession is incumbent on only and exclusively to the Operators of Registry or competent Authorities of Allocation and to their policies for the different phases from registry that can establish.
Infortelecom is limited to realise all the proceedings to realise that registry, renovation or transfer on behalf of the contracting person without guaranteeing in any case that the organism before which they are realised all the managements comes to approve the same. In the case of renovations and transfers, the domain will not be able to be in any of the states indicated in the clause 3.a.iv of these Conditions, as well as in any of the states that each managing Organization of the extension of domain establishes as nonsusceptible of transfer or renovation. In addition, in the case of the transfers, an active conduct on the part of the contracting person is demanded, as it is the confirmation to his old Supplier - from the e-mail that appears in the administrative contact of the domain or by the procedure that the managing organization determines of its will to transfer the domain. Also, in the case of transfers it will be demanded that the contracting person has all the information that stops each domain requires - Authcode, keys or any other to him that are determined. In the same way, an active conduct on the part of the contracting person is demanded to realise the renovations of the domain registry grapevine. clause 4.a.iv of these Conditions.
Infortelecom will not be responsible for the delay and the consequences of this delay when it is due to the passive or lacking attitude of diligence of the contracting person. It is understood that a lack of diligence on the part of the contracting person exists when this does not renew, and therefore, it does not pay the amount of the registry of a domain dated previous to his lapsing or when grapevine does not approve the confirming proceedings of transfer of domain . clause 4.a.iv of the present General Conditions of Service.
Ownership of the domain
He is holder of the domain name (Registrante), in accordance with the norm of allocation of domain names, the person who consists as so in the Directory of Data of Registro (WHOIS). Therefore, in the assumptions in that the holder and the contracting person, or who pays to the price of the registry or renovation of the domain name, they are not the same person and they formulate different requests that they concern the ownership of the domain, the realised ones by the registry holder will prevail.
Infortelecom will not be responsible for the questions regarding the legitimate ownership of a domain name falling this, always unique and exclusively on the Registrante of the domain, which affirms to have a legitimate interest in the referred registry and that is not damaging any interest of third parties. Infortelecom will not either be responsible for the changes in the ownership or anyone for the data that consist in the registry of a domain when they are due to a lack of diligence of the contracting person in the guard and guards of the keys with which it is acceded to his area deprived in Infortelecom.es to realise this type of changes.
With respect to the rest of services that do not affect to the ownership of the domain (p.ej. Clients Area and others), in case of discrepancy between the requests presented by the Registrante and the contracting person, the request realised at this last one will prevail.
Infortelecom is not competent to dissolve the controversies that arise between the Registrante, the contracting person and, where appropriate, the person that phelp the contracted services (identified in it invoices issued to the effect), having to go the parts to the competent authorities for its resolution.
The holder of the domain is conscious and assumes that the allocation and registry of the name of domain to its favor only confer the right to him to its use, in the terms anticipated in the applicable norm, with the object of address in the system of domain name names, and who any dispute on the rights of use of a determined name of domain will legally have to be solved between the parts contenders using the established channels to the effect.
All holder of domain that wishes to yield the use of the domain to third people will continue being in any case the holder of the referred domain and will be the person in charge to as much facilitate and to update his exact and truthful information of complete contact as the simple information of contact technical and administrative who help to provide a fast solution and to any problem that can arise related to the registered name. All holder of a registered domain that grants license of use of this domain in agreement with the indicated thing in this clause, accepts without reserves the responsibility by the damages caused by the illegal use of the registered name, unless he reveals the identity and updated information of contact provided by la/s persona/s to quien/es has yielded the use of the domain (licenciatario/s), within the term of seven (7) days, to the part that reasonable evidence of sortable damage on the part of the Holder of the name of registered domain is providing.
Data of the registry
The data necessary to come to realise a domain registry - data regarding the holder or registrante and data of the administrative contact, data of the technical contact, data of the invoicing contact and data regarding the DNS- are provided by the contracting person when it realises the concrete request of domain. The contracting person declares that the data facilitated in the registry request are certain, except for error or omission of good faith, and assumes that the Operator of Registry, in the procedure of the different activities regarding the allocation and renovation from the domain name, will act considering these communicated data.
The contracting person is the only person in charge of the veracity and update of the proportionate data. The contracting person commits herself to always maintain updated the information facilitated in the registry request, communicating any change to Infortelecom, that will inform to the Operator into Registry or the Authority into Allocation into the domain, whenever there are modifications in anyone of the data that must be sent to the Registry. The breach of this obligation can give rise to that the domain name is terminated (for example, by impossibility to communicate with the people that appears as people in charge of the domain name, to not to have communicated in the established form the change of their data of contact or changes of people in charge). The indicated communication will have to be realised by the contracting person through the electronic mediums that Infortelecom makes its available to realise changes or updates in these data grapevine. point 5 of these Conditions
The contracting person is conscious and assumes that any falsification in the data briefed in the registry data can be cause of disrespect of the registry request or, if the domain name already had been assigned, could be cause of loss of the domain name and that, in this case, the domain name will be available for its possible registry on the part of another applicant
The contracting person will have to abstain to ask for changes in the data of registry of the Registrante, unless she has the previous and mandatory authorization to act as agent of the holder of the domain to realise these changes. This authorization must have obtained so much of the present holder of the domain as of the future Registrante, who specifically will have accepted the present General Conditions of Hiring and designated to the contracting person and authorized Infortelecom as agents to manage the change of registrante in their name. The contracting person commits herself to contribute these authorizations to the simple request of Infortelecom. The change of registrante will communicate by email electronic to the previous Registrante and the new holder of the domain, and will suppose the blockade automatic of the domain during sixty days. The contracting person declares that, in case of asking for changes in the information of the Registrante, she has the authorizations previously indicated and assumes all the responsibility, of any nature, that could be derived from the asked for change, maintaining undamaged to Infortelecom of any claim that by this cause could go against the same.
Errors in the connections, act of God and greater force
Infortelecom will not be responsible for the errors, delays in the access, delays in the system of registry of the Operator of Registry that corresponds or any anomaly that can arise in relation to the process from registry, transfer or renovation of a domain when they must to problems of general character in the Internet network, causes of act of God or greater force or any other totally unforseeable contingency and therefore other people's to the good faith of the company and nonimputable to the same.
Infortelecom in no case will be responsible by the errors or damages produced by the inefficient use and of bad faith for the service on the part of the contracting person. It will not be responsible Infortelecom for the consequences of any type by the lack of communication between Infortelecom and the contracting person either when he is imputable to the nonoperation of the facilitated e-mail or to the falsification of the data provided by this one in his registry as user in databasemagic.net
Infortelecom assumes the responsibility of the efficient benefit of the service based on the established thing in the present Conditions and based on the request it makes specific realised by the contracting person. The contracting person resignation specifically to demand any contractual or extra-contractual responsibility by the possible damages or damages derived from its own breach of the present General Conditions or derivatives of any fraudulent or negligent action on the other hand. In any case the responsibility of Infortelecom in case of taking to end an inefficient benefit on watch will be always objective according to the terms of the present General Conditions and it will limit themselves the return of the amount phelp by the Contractor in the proportional quantity to the period in which it has not enjoyed or will enjoy the service.
Infortelecom assumes its intermediary responsibility as to take to end - considering that the effective concession can be rejected the request of registry, transfer and renovation that the contracting person realises, carrying out that request with the diligence due according to it determines itself in the present General Conditions and based on the data that the contracting person specifies in the request form. Also Infortelecom will maintain the name of domain at issue during the period of contracted registry and will realise the changes in the data or contacts of the domain that are asked for to him if the contracting person properly is authenticated to ask for these changes.
Rights and obligations of the contracting person
The contracting person commits herself to pay the amount of served in the quantity, forms and following terms:
The cost of this service will be specified in the website databasemagic.net in the section tariffs or prices regarding the service contracted, except for error or omission. The amounts indicated in the website do not include the applicable taxes.
The transfer of domain names entails the obligatory nature to renew the domain to transfer by the demanded minimum period.
The prices specified in the website could unilaterally be varied by Infortelecom according to the needs of the market, being notified this variation to the contracting person at least fifteen (15) days ahead to the date of renovation of the service and having had the possibility the contracting person unilaterally of solving the contract in advance of fifteen (15) days to the expiration date of the service, so that of this Infortelecom form it does not renew the service applying the new tariffs.
The prices of the service can vary based on the daily change of the currency dollar.
In order to benefit from the conditions associated to promotional codes, tickets or coupons, the contracting person will have to introduce the code, ticket or corresponding coupon during the procedure of hiring of the service. These codes will only be exchangeable during their period of use and will be able to be used an only time, unless they have some specific conditions.
The amounts and costs indicated in these general Conditions do not include the applicable taxes.
Forms of payment
The contracting part will have to pay the amount corresponding to the service contracted by means of some of the forms of payment accepted by Infortelecom: debit, Paypal, banking transference, credit card/debit. The contracting people with determined historial of non-payments in Infortelecom - unphelp whereas clause, any certain return of pagos³lo will have to their disposition forms of payment, as much for new hirings as for the renovation of services. Also, before any conduct susceptible to constitute an illicit one, or before the hiring of certain services or if incoherent data on the part of the contracting part are introduced, will only be certain methods of payment. These limitations in the payment methods will be able to have transitory character, until the reliable contracting part the situation anomalous, or permanent - although reliable the situation if the contracting part has a continuous file of non-payments or if situations take place of repeated form in which the restrictions in the methods are applicable from payment.
Independent of the duration of the service that initially is contracted, the contracting person must realise the payment at the same time as the request. Infortelecom will not realise any management until the payment properly is credited. It will be considered that the payment is credited when the bank therefore communicates it to Infortelecom. In the case of the banking transferences, the contracting person will have to send voucher of the entrance to the dominios@Infortelecom.es mail, being identified properly the concept of the entrance (p.ej. requested Payment).
However, two days of grace with respect to the indicated date settle down to make the payment, after which, if the same has not been come, it will be come to interrupt the service.
All the services in Infortelecom activate with automatic renovation. This car renovation takes place, unless the contracting person deactivates this option, and whenever the data of payment of the contracting person are correct, during the month previous to the lapsing of the service. The contracting person can come at any time to the decontamination of the automatic renovation from the Control Panel that she has to his disposition as user of Infortelecom. Infortelecom always warns and informs to the contracting person, prior to the lapsing of the service, into which it is going away to realise the renovation of the service, so that the contracting person can at any moment solicit that the same is cancelled, thus giving by finalized the contract. Once one takes place the renovation of the service, without manifestation against on the part of the contracting person, in no case will be place to the return of the amount phelp by the same.
The automatic renovations to all that one contracting person will be deactivated who is in non-payment situation or has a file of non-payments in Infortelecom, or whose data of payment are not correct. In case the contracting person has deactivated these automatic renovations, she assumes that she must come to realise the renovation of the service before finishes to the term of the last contract realised - date in which the service will expire to avoid incidences of last moment and unexpected consequences. The contracting person assumes all the responsibility by the loss or incidences that can be produced derived from the request of renovation outside this term, limiting herself the responsibility of Infortelecom, where appropriate, to give back the amount that had phelp the contracting person by a renovation outside term that has in the end not been able to be realised. Infortelecom in no case will give back the amount of a renovation that had been realised successfully.
On both sides the victory or lapsing of the service remembers that the day subsequent to without the contracting person has made the payment corresponding to the renovation, Infortelecom will come not to renew the service asked for with the consequences that from this action derives, and will give by finalized the present contract. Infortelecom in no case assumes responsibilities of no type (p.ej before the loss of operativity or information) to that it could have place by the retirement of the service for want of renovation or payment.
Infortelecom, as of the next day to take place the lapsing of the service - the contracting person has not renewed the service will be able, to her criterion, to thus renew the registry of the domain name becoming the new registrante of the domain. In the same way, Infortelecom will automatically become registrante of the domain in case of non-payment of the invoice regarding the same.
The contracting person will be able to recover domain the expired, previous payment of the corresponding tariff and, where appropriate, the penalty, as long as she meets the necessary conditions to this end, which settle down herself of form individualized for each TLD, having to consult the characteristics of each extension in the webpage databasemagic.net.
Infortelecom will issue the invoice corresponding to the contracted services having detailed all the concepts that conform it. The remission of the invoice to the contracting person will be realised of form Telematics by email, being sent electronic to the direction of provided invoicing, as soon as the services have been activated. The invoices will be permanently available in the private area that each contracting person owns in databasemagic.net. Exceptions to this clause in relation to those users exist with whom Infortelecom has decided the emission an only monthly invoice.
Infortelecom will perform the function of contact of invoicing of the applicants or beneficiaries of the domain names that decide to transact their requests through this. The user can by itself change this through his Control Panel (safe in domains under .es), being conscious that this information is public.
The contracting person will have the gratuitous services with the registry of domain names that at every moment are specified in the Website for the type of concrete domain.
The service of registry and renovation of domain is not subject to the possibility of dropping of the claim on the part of the contracting person since it is a service that is realised according to the specifications of person contracting - specific election of name of domain or clearly customized that, by his nature, it cannot be given back. In the same way, the benefit of the service begins before the term established by the norm for its exercise finishes, previous request of the contracting person, who is conscious that once the contract completely is executed by Infortelecom, she loses his right of dropping of the claim. The execution of the service of registry and renovation of domain practically takes place of simultaneous form to its hiring.
Good use of the service
The contracting person is forced to make a good use of the service and therefore not to use it of bad faith for any practice that is prohibited by the law or rejected by the mercantile uses. It is specifically prohibited the distribution of malware, the abusive operation of botnets, phishing, the piracy, the infraction of trademarks or author rights, the fraudulent or deceptive practices, the falsification or any other enemy operation to any applicable law. Also the contracting person declares that in which to her concerns, in agreement with their knowledge, neither the registry of the name of asked for domain nor the direct or indirect use of the same infringe legal rights of third parties.
The contracting person assumes the total responsibility, and the risk with exclusive character, of which the conducted request is according to the policy of domain names, also assuming exclusively all responsibility that is derived from the use of the domain. Infortelecom is authorized by means of the present contract, as of the moment at which it generally has convincing knowledge of the accomplishment on the part of the contracting person of any action or illegal use, to inform of the competent authorities these circumstances and to terminate the service of immediate form. The contracting person will be the only person in charge against any claim or action judicial, or extrajudicial, initiated by third parties harmed before the jurisdictional organs or other competent organisms, as to title ejemplificativo- the ICANN or the WIPO, that is based on the registry, ownership and use on the part of the contracting person of the asked for domain, assuming this one all the expenses, costs and indemnifications that, where appropriate, must support Infortelecom if the claim is directed against this. Especially, when the contracting person is demanded by a judicial or extrajudicial authority demanding the domain name to him that she has registered, the possible loss of the same will not entail the return of the amount phelp by the contracting person to Infortelecom since she is the contracting person who assumes the absolute and exclusive responsibility of the legality of this request. Infortelecom will be put under the requirements that in accordance with the domain at issue are carried out to him by the competent authority.
By each banking return that takes place by causes imputable to the contracting person - incorrect data, to have given back the receipt in its bank or not to own funds sufficient in the account number or indicated card to carry out the position, Infortelecom will acquire an additional tariff of six Euros, plus the applicable taxes, by each one of the receipts pending payment corresponding to the banking expenses that the return of the payment originates. Infortelecom, as soon as receives from the bank a rejected domiciliation or the return of the position realised in the credit card on the part of the contracting person, will inform it of this one route e-mail so that it is come to the installment of the amount with the surcharge of six Euros, plus the applicable taxes, indicated previously. The installment of the services pending payment must be realised necessarily through banking transference sending later the contracting person voucher of the same to the dominios@Infortelecom.es email address.
If the contracting person does not pay the service within twenty-four hours, Infortelecom will come to restrict the access to the administration of the contracted service, and will redirigir¡ the service either to Infortelecom.es or to a specific page that indicates the non-payment situation. Also, Infortelecom while the non-payment situation stays will be able to prohibit the access to the rest of services that the contracting person had contracted until the contracting person compensates the debts that she has with Infortelecom. When a contracting person has realised more than a return of the banking positions conducted by Infortelecom in relation to the services that she has contracted, Infortelecom will be able to determine to its whole criterion that contracting person must pay with indefinite character by means of banking transference all the services that she has contracted in Infortelecom although she has regularized his payments. In the cases in that the contracting person has some monetary balance in Infortelecom, arrival a return of a position, Infortelecom will come with immediate character to compensate the same with the balance available of the contracting person.
The contracting person is the only person in charge of the security and confidentiality of the keys with which she accedes to his deprived area to realise the administration of the service and to ask for changes in the same having to keep them in safe place with the purpose of to prevent the nonauthorized access to third parties.
The contracting person takes responsibility to realise all the activities that are required to him with the diligence due so that can be served correctly. With special character, the contracting person must be diligent concerning the renovation of the service and with respect to the approval of the proceedings of transfer of domain.
The contracting person is responsible for the veracity of her data, committing herself to provide to Infortelecom exact and truthful data of contact and that the same will be updated and corrected whenever it is necessary. Infortelecom puts at the disposal of the contracting person all the means so that it can come to the modification of his data. It is allowed to realise this modification from the private area that has the contracting person in databasemagic.net and to that it accedes by means of the keys obtained when registering itself as user of Infortelecom; for that reason the contracting person must be especially diligent in the guard and guards of these keys.
The contracting person shows that in case of introducing data of third people she has the pertinent authorization or consent in the terms described in clause 5 of these Conditions.
The contracting person must provide to Infortelecom information of contact, she needs and reliable, and she must correct it and update it within the term of seven (7) days from any change while is effective the period of registry. In case of deliberately omitting the due update of the data within the seven (7) later days to any change, or of not answering Infortelecom before a request of information or confirmation of exactitude in relation to the associated data a domain registered within fifteen (15) days natural, she will be understood that the contracting person has failed to fulfill this Contract and will form sufficient base for the cancellation of the registry of the name of affected domain.
In this same sense, if the contracting person provided inexact or nonreliable information of hostile form, she will consider herself that the contracting person fails to fulfill the Contrato present and Infortelecom will be able to come to cancel the registry of the name of affected domain of immediate form.
In case the contracting person and the registry Holder of the domain are not the same person, the contracting person commits herself to inform to the Holder into the domain into the obligations and rights contained in these Conditions.
The contracting person, and the holder of the registered name of, will respond against Infortelecom, to which they will compensate and maintain undamaged of all the damages, expenses including honoraria of lawyers, costs, damages and losses of any type whom she could incur or to that she had to face up as a result of the claims of any type including sanctioning procedures, that could be originated by the breach on the part of these of their obligations assumed in accordance with the present general Conditions. This obligation to compensate will last even though the registry agreement is extinguished. The holder of the domain name is the only person in charge of the incidences that can arise by the registry or use from the same.
Holder of name registered will compensate and will exempt of responsibility to Operator of Registry and his directors, executives, employees and agents from and against any reclamation/denounce, damage, responsibility, cost and expenses (including legal honoraria and reasonable expenses) that could arise from, or in relation to, to the registry of the name of registered domain.
Acceptance of the policies of domains
The holder of the domain name shows to be in agreement with that its registry is subject to suspension, blockade, cancellation or transference according to any specification or policy adopted by the ICANN or the Operators of Registry, or according to any procedure of registry that is not incompatible with these specifications or policies: in order to protect the integrity and stability of the Registries, to correct errors of registry on the part of the Recorder or the Operator of Registry, for the resolution of disputes regarding registered domains; and, to fulfill the applicable legislation and to give fulfillment to the judicial or governmental requirements. In the same way, these measures for want of payment will be able to be adopted, to avoid any responsibility of civil or criminal nature for the Operator of Registry or the Recorder and in the application of the present General Conditions. The contracting person is conscious and assumes that, in case of serious technical negligence, a name of registered domain can be terminated of definitive temporary form or.
The holder of the domain name commits himself to fulfill the norms, policies, procedures and practices approved by the ICANN and the Operators of Registry, including the Commitments of Inter©s Pºblico (PIC), the policies of registry of the community and the guarantees approved by Comit© Asesor Gubernamental (GAC) of the ICANN.
The Holder of the domain name is put under the procedures, norms and Policies of Resolution of Disputes of Names of Domain settled down by the ICANN, that appears published in https://www.icann.org/en/help/dndr (among others, to the Political Uniform of Solution of Controversies in the matter of domain names (Uniform Domain Name Disputes Resolution Policy, UDRP) or to the Uniform Rapid Suspension System, URS)), and to approved in each case by the Operator of Registry or Authority of competent Allocation, published in the website of these organizations.
The holder will not be able to demand to Infortelecom responsibility some by losses or responsibilities that are from procedures and processes related to the Sunrise Period or the Land Rush Period, or with any special period that the managing Organizations of the Registries determine regarding the capacity or incapacity of a registrante to obtain a name registered during these periods and the results of any conflict or demands on a registry in these phases.
Each extension (gTLD or ccTLD) has his own restrictions of format and/or content, reason by that the contracting person will have to make sure before contracting that she satisfies the requirements demanded by the Operator of Registry so that the registry that it asks for arrives at good port. These specific restrictions and/or conditions can consult of synthetic form in the webpage of Infortelecom and complete form in the webpage of the Operator of Registry, prevailing this last one over what has been shelp in the one of Infortelecom. The contracting person when soliciing the registry of a domain name is put under the different processes, policies and norms unconditionally that each Operator of Registry or Authority of Allocation demands. These norms can consult in the websites ownership of the different Operators from Registry, who identify themselves in https://www.iana.org/domains/root/db. The Authorities of Allocation of domain names can at any time update the contents and/or the electronic direction of their policies of registry reason by which it is necessary to consult his website to make sure of the effective conditions at the time of contracting the registry of a domain name. In Annex 1 of these Conditions they are detailed, declarative for a reason or purpose nonlimiting, the URL of some Registries with which Infortelecom collaborates.
The contracting person shows that Infortelecom has informed to him suitably and is to the current of the norms and effective procedures, established terms and conditions, tariffs and form of payment and technical requirements for the registry of the asked for names of domain, and it accepts them in his totality. The contracting person knows that the breach these norms, in the cases in that thus she is specifically established, will suppose the loss of the domain name and its possible reassignment from that same moment for her registry in favor of another person.
The holders of domains can obtain more data on their rights and obligations in the following electronic directions, created by the ICANN to inform to the registrantes: www.icann.org/en/resources/registrars/registrantrights/educational, www.icann.org/en/resources/registrars/registrantrights/benefits and www.icann.org/en/registrars/registrantrights-responsibilities-en.htm
The contracting person of names of domains under .es is conscious and assumes that the indicated person of administrative contact in the request and that she signs the present document with sufficient capacity of representation to such effects, she is the person in charge of any problem related to the rights of use of the domain name, which is known and accepted by him.
Regulated TLD and Highly-Regulated TLD
The Registrante of Regulated TLD and Highly-Regulated TLD is committed to fulfill the effective legislation, including - to nonlimiting declarative title normative on privacy, the protection of personal data, protection of consumers, unfair competition, services of payment, claim of debts, ecological agriculture and financial responsibility the financial data and data processing of health on the part of the Registrante of this type of domains will imply that the safety measures must implement necessary to guarantee the security of these data according to the effective legislation. In addition, the Registrantes of HighlyRegulated TLD must provide the pertinent information of administrative contact for the notification of complaints or denunciations of abuse of registry, as well as the data of contact of the authorities or regulating organs, or of self-regulation, competent in the territory where the registrante develops its activity. The Registrante declares that it owns all the authorizations, licenses or other credentials necessary to participate in the associated sector of activity to the domain that corresponds, and it is commited to communicate any change in the validity of these to Infortelecom, in order to guarantee that they continue adjusting to the regulatory norm and the requirements of concession of the same.
Infortelecom puts at the disposal of the contracting person of the service of registry, transfer and renovation of domains the service of Privacy WHOIS that consists of offering only and exclusively with the object of notifications, data of a third party so that they publicly appear in the Directory of Data of Registro (WHOIS) - public data base where they appear the data of the holder of a domain and the associated people of contact to the same one of the contracted domains. The price applicable to the service of privacy WHOIS is published in the www.databasemagic.net website, in the same terms that the rest of tariffs in accordance with the clause 4.a.i of these Conditions.
Protection of personal data
The hiring of the service regulated in the present Conditions determines the express authorization of Infortelecom Hosting LIMITED LIABILITY COMPANY, as IN CHARGE OF the TREATMENT, to try on behalf of the person contracting, RESPONSIBLE FOR the necessary TREATMENT, data for the benefit of the service. The contracted service is described in the clause second of the present Conditions and will be able to include - in function of the actions asked for by the person in charge the following categories of treatments: the access, the storage, the backup copy, the interconnection or communication, and the erasure when finalizing the service; registering its execution in the corresponding registry of treatments.
Infortelecom will only treat the personal data provided by the contracting person when contracting the service of registry, renovation or transfer in accordance with the purposes described in these Conditions. The information that the contracting person provides when registering a domain name (or when correcting or updating the registry information) is necessary stops: to associate name of domain to computer, to manage account of user and service of form appropriate (p.ej to notify when it is moment for renewing the service), and to make possible other people to contact with the Holder of the domain to solve subjects that arises in relation to the domain name. As well as to solve those consultations that consider through Website. Infortelecom will not deal with the successfully obtained data incompatible way with the described purposes. The legal basis of the treatments anticipated in these Conditions is the benefit of the service or execution of the contract. Infortelecom does not yield data to third parties, unless a norm with law rank prepares the opposite, or if it is necessary for the benefit of the contracted service. In such case, it only communicates those data essential to manage the request of the users and to serve contracted, so that the cession responds the free one and legitimate acceptance of an existing legal relation between interested and the Infortelecom, whose development, fulfillment and control necessarily implies the connection of the data and that includes the necessary transmission of the same. In this sense, the contracting person allows that their data are communicated to the ICANN and, where appropriate, the Operators of competent Registry to manage the extensions that it has contracted, as well as to the Suppliers on watch of Resolution of Approved Disputes and to the people in charge to dissolve the controversies. In the same way, in case of completion of the activity of Infortelecom as Recorder, she authorizes the cession of his data to another Recorder in charge to continue serving of registry. Also, the contracting person authorizes the cession of the facilitated data to transact the registry of the domain to the Supplier of Services of Deposit of Data (Escrow Data) of Infortelecom, Iron Mountain Intellectual Property Management, Inc. located in the United States, and, where appropriate, to those auditors designated by ICANN to verify the fulfillment of the obligations of Infortelecom as Recorder.
The contracting person shows that all the organizations and people related in the registry request know and allow specifically that their personal data, facilitated to Infortelecom to transact the request, appear reflected in Bases de internal Datos as much as public (WHOIS) maintained by the Operator of Registry or Authority of Allocation and stays in such situation in the terms in which is necessary for the management of the Registry of the names of domain under the corresponding extension, in the terms established in the norms, policies and procedures approved by the Operator of Registry.
The contracting person must abstain to provide personal character data of interested others, unless they have the pertinent authorization, according to which shelp interested previous and they will have been properly informed on the content of these Conditions and, in particular, that allow that their data are facilitated to Infortelecom to be treated according to the purposes that correspond, as well as that can exercise their rights of access, rectification, suppression, limitation, opposition and portability in the terms described in this clause and the Policy of Privacy of Infortelecom.
In any case, Infortelecom will cancel the registered data as soon as they have stopped being necessary or pertinent for the purpose for which they were successfully obtained, being able to conserve them properly blocked during the time in which some type of responsibility derived from a relation or legal obligation or the execution of a contract or the application of precontractual measures asked for by the interested one can demand itself. In this sense, Infortelecom conserves the data registered in relation to the renovation, logs and transfer of domain names during the terms contractually demanded by the Managing Organization of the corresponding extension. The policies of retention and conservation of data can at any moment consult in the website of the Operator of Registry or Authority of Allocation.
The interested ones can exercise their rights and, where appropriate, to revoke the consent given in the terms described in the Policy of Privacy of Infortelecom. In any case, the request will have to be accompanied by a copy of the official document that credits the identity of the holder of the data. The rights of cancellation and opposition will only be able to exert previous the resignation to the name of asked for domain since the treatment of the personal data on the part of the Operator of Registry is necessary for the allocation and renovation of the domain name.
Infortelecom has adopted the pertinent safety measures in order to guarantee integrity, availability and confidentiality of the data that try, so that its alteration, loss, treatment or nonauthorized access are avoided. Infortelecom will keep the due professional secret. Despite the previous thing, Infortelecom will not be responsible for the incidences that can arise around personal data when these derive: either of an attack or nonauthorized access to the systems of such form that is impossible to detect it or to still prevent being adopted it the necessary measures according to the state of the present technology, or of a lack of diligence of the user or the contracting person as far as the guard and it guards of his personal keys and data.
The acceptance of the present Conditions on watch, supposes as well the acceptance of the Contract of IN CHARGE OF the personal DATA PROCESSING in relation to the benefit of this contracted Service.
Infortelecom and the contracting person decide to communicate and to notify all the incidences that take place throughout the use of the different services that can have contracted, and preferably previous from any other communication channel, by means of e-mail. The mail of Infortelecom for these communications will be dominios@Infortelecom.es and the one of the contracting person will be the facilitated one in the form of registry of user of Infortelecom in Infortelecom.es. The contracting person commits herself to have operative east e-mail and to modify it from her private area if it were necessary to continue receiving the communications. In any case, if any urgent problem or failure in the previous communication happened, the communications will be realised by means of telephone, fax, postal mail, mail or any other system adapted to the aim that is persecuted. Nevertheless, the preferred communication channel is the one of the e-mail, being exempt Infortelecom of all type of responsibility that can be derived by the lack from consultation or error in the e-mail facilitated by the contracting person. Each one of the parts will be responsible for the guard and guard of copies of the communications that are realised.
In accordance with the policy of recovery of expired domains approved by the ICANN, Infortelecom will communicate, as much the next lapsing of the registered domain as the instructions to follow to recover the domain expired - in case that the term of renovation expires, by means of the shipment of diverse warnings to the email address of the contracting person.
Rights of author and brand
®it is a trademark. It is prohibited the other people's use by any means of the brand of Infortelecom, that includes so much the name as the logo, except for express consent of Infortelecom. They are reserved all the rights. In addition, the website of Infortelecom - the own contents, the programming and the design of the Web site is totally prot©g© by the rights of author, being specifically prohibited all reproduction, communication, distribution and transformation of the referred elements protected except for express consent of Infortelecom.
Those Authorities that wish to contact with Infortelecom in relation to registered names of domain in Infortelecom.es, can do sending it a message of e-mail to the calidad@Infortelecom.es email address, or calling to phone number +34 91 082 00 73. This meeting point to report Abuses on the part of Authorities is operative the twenty-four hours of the day, the seven days of the week.
On the other hand, those people or organizations that consider that a certain name of domain registered in Infortelecom is being used to the detriment of its interests or injuring its rights, or to perpetrate an illegal activity in the sense previously mentioned, can denounce these facts in the calidad@Infortelecom.es email address
In any case, Infortelecom will review the received denunciations, by anyone of means mentioned in this point, in sequence to verify the identity and credentials of the people denouncers, and will answer the email address provided by the denouncer in the possible brief term. Infortelecom will take the reasonable and opportune measures to investigate and to respond adequately to the denunciations sent by these means. The term of resolution of the presented denunciations will depend on the reach and the complexity of the denounced facts, considering as reasonable term of resolution: fifteen (15) working days. As part of the resolution, Infortelecom will communicate to the denouncers the stockings adopted in relation to the presented denunciation.
The present contract of benefit on watch will last that the contracting person solicits based on the periods specified for each type on watch in attention to which she is specified in the Infortelecom.es website. It will always be certainty of the period selected by the contracting person in his private area. In case the contracting person, arrival the expiration date of the service, has activated the automatic renovation of the same this one will prorogue herself by the same period, as long as any return or incidence with the payments realised by the contracting person does not exist to carry out that automatic renovation. Infortelecom will warn in advance via sufficient e-mail the contracting person from which it is going away to come to that automatic renovation in order that the contracting person is totally informed into this situation and can, where appropriate, ask for the decontamination of that automatic renovation. The contracting person whom she does not have activated this option, if she does not wish to continue with the service simply will have to leave the same expires, in such a way that if Infortelecom does not receive renovation order, the contract expires the same day of the expiration date of the service.
Infortelecom and the contracting person will be able to give by resolute the present contract by anyone of the causes that settle down in particular in the laws and by the breach of the present General Conditions. Also some fits the resolution without alleging cause, with an advance warning of fifteen days natural. In both cases, if it solves the contracting person, it will have to ask for the loss of the same from his Deprived Clients Area in the section prepared to it being asked for the loss of the service or contract. In case of resolution without alleging cause, if that solves it is Infortelecom, the amount corresponding to not enjoyed the proportional part will be given back to the contracting person on watch. However, if the resolution without alleging cause is exercised by the contracting person, it will not be generated right to return some.
In case of breach on the part of the contracting person, Infortelecom will be able to exert its right to resolution with immediate character without needing advance warning in those cases in that the breach can constitute some type of illicit conduct on the part of the contracting person. Also, Infortelecom will be able at any time to suspend or to finalize and without needing previous warning, the benefit of services to the contracting person if it considers that it is realising activities that can affect to the rest of clients and/or who put in danger direct or indirectly the integrity of the infrastructure and/or services of Infortelecom. Otherwise, an advance warning of fifteen days will exist. In case of being solved the contract by the causes anticipated in this paragraph, the contracting person will not have right to any type of return or indemnification, reserving herself Infortelecom the exercise of all the pertinent legal actions for the payment of the indemnifications of damages that by the previous causes could be derived.
In case of breach on the part of Infortelecom, based on the specified thing in the present Conditions, the contracting person will be able to solve the contract with an advance warning of fifteen days, being limited herself the responsibility of Infortelecom, in case of existing a guilty breach, to an objective responsibility that the return of the amount phelp by proportional the contracting person to the service nonenjoyed implies.
The service object of the present contract is realised with personal character with the contracting person. Infortelecom admits the cession of the same on the part of the contracting person to a third party as long as this one realises the procedure safely contacting with dominios@Infortelecom.es and complimenting the request on the matter. Asked for the cession by the contracting person, and accepted by the adressee, the change will not be able to undo; a new cession will only be able to be realised investing the position of the participants. In any case, the adressee of the service will be the person in charge, where appropriate, to update the data that consist in the Directory of Data of Registro (WHOIS). Also, Infortelecom reserves the right to yield its position in the present contract to other organizations, always with previous warning of at least thirty (30) days to the contracting person.
Jurisdiction and applicable Law
The present General Conditions of the Service are in force by the Spanish legislation. Specifically they are subject to the arranged thing in the following norms: Law 7/1988 of 13 of April, on General Conditions of Hiring; Real Decreto Legislativo 1/2007, of 16 of November, by that the recasted text of the General Law for the Defense of the Consumers and Users is approved and other complementary laws; Statutory law 15/1999 of 13 of December, on Protection of Personal Character data; Law 7/1996, of 15 of January of Arrangement of the Retail Commerce; Law 34/2002, of 11 of Julio, Services of the Society of the Information and Electronic Commerce; Law 16/2009, of 13 of November, services of payment; as well as any other norm that develops them or modifies. On the other hand, to the contracting person of the service object of the present conditions, they will be to him of application the General Conditions of use of the website of Infortelecom Hosting LIMITED LIABILITY COMPANY, www.Infortelecom.es for all not indicated specifically in the present conditions and as long as they do not contradict them. Also the additional services that can take prepared the services object of the present conditions, as are indicated at every moment in Infortelecom.es, will be in force by its specific conditions or reason why, it is indicated at the time in the possibilities of the form of order of the website.
For the resolution of any controversy or conflict that is derived from the present general conditions will be competent the Courts and Courts of Valencia, resigning specifically the contracting person to any other charter that could correspond to him, unless it has the condition of consumer in which case will be competent the forum that corresponds.
In case any clause of the present document is declared null, the other clauses will follow effective and they will be interpreted considering the will of the parts and the same purpose of the present conditions. The present contract is only realised in Spanish. Infortelecom will be able not to exercise some of the rights and faculties conferred in this document, which will not imply in any case the resignation to the same, except for express recognition on the part of Infortelecom. The present General Conditions are registered in the Publication and document record department of Conditions of Hiring to grant transparency and security to all the process.
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