By means of this document establish the General Conditions of Contractació applicable to the benefit of the service of REGISTER, RENEWAL And TRANSFER OF NAMES OF DOMAIN (from now on, General Conditions) for part of NEXE TECNOLOGIC, S.L. (From now on, the LENDER) with NIF B98572365 with domicile in c/ Vicar Belenguer, 6-1, 46120-Alboraia, Valencia , to the physical people and/or juridical (from now on, CONTRACTING) that manifest his will to hire the services regulated in the present conditions by means of the application realised by electronic means, specifically via internet, in the place web nexe.ws, titularity of the LENDER.
1. INFORMATION And CONTRACTUAL DOCUMENTATION. ACCEPTANCE OF THE CONTRACTING The present General Conditions expose with permanent character in the place web nexe.ws, (from now on, the place web), being able to all the users file them, print them and, therefore, be previously informed of the conditions of the price, characteristic, right and, in general, of all the conditions in which will effect the benefit of the service. Likewise, the present General Conditions reiterate together with a summary of the specific application -modalitat and flat of server specifically hired, headline, period for which hires and cost with indication of applicable taxes in each case, for his acceptance expresses for part of the CONTRACTING -by means of a click read “ and accept the Conditions”- every time that it realises a concrete application of service through the place web. It is not technically possible that the CONTRACTING can finalise the application without that it have produced the acceptance of the present General Conditions. Because the CONTRACTING can effect this acceptance and, therefore, realise the application, has to be registered previously as a user in the LENDER, covering for this a form with basic data the sending of which will involve the concessió of a key of user and a password to access to the exclusive area of the CONTRACTING, private and certain, since which will realise the application and, therefore, the acceptance of the present Conditions. The CONTRACTING in accepting these conditions gives his consent exprés and without reservation because the LENDER realise the operations of necessary collection for the acquisition of the services that hires. Therefore, the CONTRACTING gives his consent authorising on purpose to NEXE TECNOLOGIC, S.L. To realise the collections in the methods of payment that he same enters since one certain area and, therefore, the operations than NEXE TECNOLOGIC, S.L. Realise, well domiciliant in the current account of the CONTRACTING, well realising a charge in his card or in any one other method of payment entered by the USER, consider authorised to the effect of the Law 16/2009, of 13 of November, of services of payment. The present General Conditions joined to the specific application realised through Internet for the CONTRACTING -particular Conditions- involve the formalització of the agreement of the service of server between the LENDER and the CONTRACTING that declares to be greater of age, have sufficient capacity to hire and have read, understood and accepted the present Conditions. The LENDER, immediately to produce the contractació and in a no upper term to the twenty-four hours sends to the address of e-mail, that the CONTRACTING has specified in the form of register of user as a main road of contact, resguard or bill justificativa with description of the service hired, cost -with breakdown of taxes if they resulted of application- and period for which hires to confirm so it has produced the contractació efectiva. Likewise, the CONTRACTING will follow having with permanent character to his private area so much of the present General Conditions and of the detail of the concrete services that has hired and the period of vigència of the same as well as of the bills acreditatives of the payment. Any back modification of the present General Conditions or of the General Conditions of Contractació of the services, will be, of a band, notified to the CONTRACTING via e-mail with fifteen days of antelació and, for another, exposed clearly in a place of easy access in the place web. All the distinguished documentation previously will be able to be printed and filed by the CONTRACTING, and also will be able to request it anytime via e-mail to firstname.lastname@example.org or by phone to the number (+34)900525256.
2. OBJECT For the present hire the LENDER engage to loan the service of REGISTER, RENEWAL and TRANSFER of names of domain in exchange for a remuneració true in function of the Conditions that to continuation establish .
3. RIGHT And OBLIGATIONS OF THE LENDER
3.1.- Benefit of services The LENDER engage by means of the formalització of the present agreement to realise the necessary negotiations to register, renew or move the name of domain chosen by the CONTRACTING, specifically these negotiations are and regulate of the following shape:
3.1.1.- Intermediation Of the LENDER for the register, transfer and renewal of the name of domain: The LENDER will register, will renew and will move for account of the CONTRACTING and to his name the name of domain that request and will keep it during his vigència in function of the signalled in the present Conditions. Of this shape the CONTRACTING will be the owner of the name of domain registered. The LENDER simply acts as a intermediary on behalf of the CONTRACTING. The LENDER does the applications of register in front of the official registrars and subject , in realising the tràmits necessary for can loan the service, to the procedures of registration that to each moment demand the ICANN that it is the international entity attendant of the management and allocation of names of domain to world-wide level.
3.1.2.- Activtion and confirmation of register, transfer and renewal: The service of register, renewal or the service of transfer of domain will be active as soon as possible as the terms that the different organisms of register establish for each type of domain and except problems insalvables to the network Internet or failures in the servers or other possible problems no imputable directly to the LENDER but to third (cf. Clause 3.2). It is absolutely necessary to have realised simultaneously the payment of the register, renewal or transfer of domain for the concrete period hired and that like this feature him to the conformal LENDER signals in the clause 4 of the present General Conditions. The LENDER will not realise any tràmit until have constància of the payment effected. Once effected the payment, the LENDER will send resguard and, later invoices acreditativa of the service hired, as well as an e-mail confirming the register, transfer or renewal efectiva, the name of domain object of tràmit and the period for which registers , renews or moves. Until the moment of this sending of e-mail confirmatori the CONTRACTING will not be able to consider the name of domain and of his efectiva property, the CONTRACTING will expect this confirmation for part of the LENDER to realise with the name of domain requested commercial actions or of any one other type that can suppose the property efectiva of the domain. In the same way the CONTRACTING will not be able to consider the domain sure enough transfer or renewed until receiving the e-mail confirmatori.
3.1.3.- Transfer of names of domain: The LENDER will transact for account of the CONTRACTING the transfer of names of domain in front of the organisms authorised, subjecting like this to the procedures on changes or transfers that these organisms establish. Processed the application, whenever it do not exist any impediment –cf. Clause 3.1.4.-, and once it have effected the payment -conformal signals in the clause 4- will proceed to the change of registrar, and the domain will be moved when the previous registrar-supplier accept the referred application and the CONTRACTING, since the address of e-mail facilitated as a administrative contact of the domain, confirm to this ancient supplier his will of transfer to the LENDER. Once obtained the change requested, the LENDER will communicate via e-mail the transfer cash, the domain moved and the period for which remains registered -see confirmation clause 3.1.2-. Once moved the domain, the renewals and all the relative to the same regeixen for what has in these Conditions.
3.1.4.- Impossibility of register, transfer and renewal by name of domain: The LENDER will be able to not carrying out a determinate application of register, transfer and renewal of a name of domain: or because the domain does not find available -case that this already have been registered previously-, or because the domain finds ready of caducar -many procedures of other suppliers demand that it renew the register with them in front of the imminència of the renewal- or because already finds caducat definitively and in any of the following states: “Register Lock” -state in which the domain finds bloquejat for the supplier of register and does impossible a transfer-, “Register Hold” or register expects -state that finds a name of domain the endemà of his caducity-, “Pending Delete” or pending of erased -back period to the caducity and to the register expects -, or “Redemption Period” -state of the domain caducat for an upper time to the allowed, during which the official organisms apply a sanction in case that the headline wish to renew it-. In the cases of territorial domains, the LENDER subject to the procedures fixed to each country, and of this shape can result impossible carry out an application if the CONTRACTING does not gather the requirements that the official entity of each country demand to proceed to the register. The LENDER also will be able to denegar the register in case of extensions of domain that do not include in the extensions the register of which offers, as well as for any reason that it was adduced by the organisms authorised in the world-wide system of register of domains. The LENDER will explain to the CONTRACTING in writing, via e-mail or by means of any one other road that agree on purpose, the reasons of the no acceptance of his application. The LENDER reserves like this all the rights not to carry out determinate applications. In the cases in which the abonament of the service had produced , the LENDER will include with the explanation of the denial the reintegrament of the quantity that if escau could have been paid, which will credit in a balance that the CONTRACTING will have to his disposal, good to hire new services to the LENDER, good to request his reintegrament.
3.1.5.- Technical support: the LENDER will facilitate free technical support during the benefit of service hired. It will not facilitate this assistance in all what do not refer specifically to the register of the domain, shot that hire other services that yes require it. The technical support will realise , preferably and previous to any one other road, by means of e-mail and will refer to modifications in the titularity of the domain -see clause 10 of the present conditions- of the administrative contact, technical, of turnover, of change of DNS, and to the services signalled in the clause 4.2. Of the present General Conditions. The e-mail for this support will be email@example.com and the contestacions will effect to the address of the e-mail that the CONTRACTING have facilitated in the form of application of register of user in the place web of the LENDER -see clause 6 of the present Conditions.
3.1.6.- Characteristic of the service and prices: The characteristic of cadascun of the services, the availability of the same and the applicable prices will be those that in the moment of the contractació figurin expresses and publicly in the place web.
3.2.- Responsibility of the LENDER
3.2.1.- Concession Of the register, transfer and renewal of names of domain: The CONTRACTING recognises that the LENDER simply realises the application of register, transfer and renewal, acting as a intermediary. Nevertheless, the efectiva concessió competes only and exclusively to the organisms of competent official register and to his political for the different phases of register that can establish. The LENDER limits to realise all the tràmits to realise this register, renewal or transfer for account of the CONTRACTING without guaranteeing in no case that the organism in front of which realise all the negotiations proceed to approve the same. In the case of renewals and transfers, the domain will not be able to find in any of the states signalled in the clause 3.1.4. Of the present Conditions as well as in any of the states that each managing entity of the extension of domain establish how no susceptible of transfer or renewal. Besides, in the case of the transfers, demands an active behaviour for part of the CONTRACTING, how is the confirmation to his ancient supplier -since the e-mail than figure in the administrative contact of the domain or for the procedure that the managing entity determine- of his will to move the domain. Also, in the case of transfers will demand that the CONTRACTING have of all the information that for each domain require him –“authcode”, keys or any one other that determine -. Likewise, it demands a more active behaviour for part of the CONTRACTING to realise the renewals of the register of domain -see clause 4.1.4 of the present Conditions-, the LENDER will not be responsible of the delay and of the consequences of this delay when are because of the passive attitude or fault of diligència of the CONTRACTING. It understands that it exists a fault of diligència for part of the CONTRACTING when this does not renew, and therefore, does not credit the amount of the register of a domain with previous date to his caducity or when does not approve the tràmits confirmatoris of transfer of domain -see clause 4.1.4. Of the present General Conditions.
3.2.2.- Titularity of the domain: the LENDER, will not be responsible of the relative questions to the legitimate titularity of a name of domain recaient this always only and exclusively on the CONTRACTING that affirms to have a legitimate interest in the referred register and that it is not danyant any interest of third. The LENDER neither will be responsible of the changes in the titularity or in any one of the data that feature in the register of a domain when owe to a fault of diligència of the CONTRACTING in the guard and custody of the keys with which accesses to his private area in the place web of the LENDER to realise this type of changes.
3.2.3.- Data of register of domain: All the necessary data to proceed to realise a register of domain -relative data to the headline or registering, data of the administrative contact, data of the technical contact, data of the contact of turnover and relative data to the DNS- are provided by the CONTRACTING when this realises the concrete application of domain, being this the only manager of the veracity and update of the same. The LENDER puts to his electronic average disposal to realise changes or updates in these data -see clause 5 of the present Conditions-. For defect, all the applications of register of domain realise with the DNS of the LENDER taken out that the CONTRACTING later signal other data. In cases in which the CONTRACTING have any error in the format of his data, the LENDER, as a exceptional measure and to ensure of the cash register will proceed to realise the same with his own data, being able to always and with back character the CONTRACTING realise the pertinent changes and put like this his data efectives.
3.2.4.- Errors in the connections, act of God and force majeure: the LENDER will not be responsible of the errors, delays in the access, delays in the system of register of the registrar official Entity that correspond or any anomaly that can arise in regard to the process of register, transfer or renewal of a domain when are owed to problems of general character to the network Internet, causes of act of God or force majeure or any one other totally unpredictable contingency and therefore it alienates to the good faith of the company.
3.2.5.- Diverse: The LENDER will not be responsible in no case for the errors or damages produced by the use ineficient and in bad faith of the service for part of the CONTRACTING. Neither it will be responsible the LENDER of the greater or lesser consequences for the fault of communication between the LENDER and the CONTRACTING when are imputable to the no operation of the e-mail facilitated or to the deceitfulness of the proportionate data for the CONTRACTING in his register of user in the place web.
3.2.6.- Responsibility: the LENDER assumes his responsibility as a intermediary to carry out –taking into account that the concessió efectiva can be refused- the application of register, transfer and renewal that realise the CONTRACTING, effecting this application with the diligència owed as it determines in the present General Conditions and in function of the data that the CONTRACTING specify in the form of application. Likewise the LENDER will keep the name of domain in question during the period of register hired and will realise the changes in the data or contacts of the domain that are him requested if the CONTRACTING is properly authenticated to request these changes. The CONTRACTING renunciation on purpose to demand any contractual or extra-contractual responsibility for the possible damages or derivative damages of his own incompliment of the present General Conditions or derivative of any performance dolosa or negligent for part of the CONTRACTING. In any event, the responsibility of the LENDER in case to carry out a benefit of service ineficient as the terms of the present General Conditions will be an objective responsibility and will limit to the return of the amount credited by the CONTRACTING for the service requested.
4. RIGHT And OBLIGATIONS OF THE CONTRACTING
4.1.- Payment The CONTRACTING engage to credit the amount for the services loaned in the quantia, shape and following terms:
4.1.1.-Amount: The cost of this service will be the specified in the place web nexe.ws in the apartat prices or relative prices to the service hired. The prices or prices indicated in the place web don’t include the applicable taxes. The transfer of names of domain comports the forcing to renew the domain to move for the minimum period demanded. The prices specified in the place web will be able to be varied unilaterally for the LENDER as the needs of the market, being notified this variation to the CONTRACTING with at least fifteen days of antelació to the date of renewal of the service and having the possibility the CONTRACTING to resolve the agreement unilaterally with antelació of fifteen days to the date of caducity of the service, because of this shape the LENDER do not renew the service applying the new prices. The prices of the service of big accounts vary in function of the daily change of him discerns dollar.
4.1.2.- Shapes of payment: The CONTRACTING will have to credit the corresponding amount to the service hired by means of the shapes of payment that in his moment establish as a available in the place web. Also it will be able to pactar- another method of different payment to which appear in the place web whenever the specific conditions of the CONTRACTING like this justify it. The CONTRACTING with determined historial of impagaments in the LENDER – considering impagament any return of a charge realised by the LENDER- only will have to his determinate disposal shapes of specific payment so much for new contractacions and for the renewal of services. This limitation in the methods of payment will be able to have a transitory character until the CONTRACTING solvent the anomalous situation or a permanent character –although solvent the situation- if the CONTRACTING has a historial continue of impagaments. Likewise, in front of any susceptible behaviour to constitute an illicit, contractació of determinate services or in front of the introduction of incoherent data for part of the CONTRACTING, to this will show him only determined methods of payment.
4.1.3.- Term: Independently of the lasted of the service that hire , the CONTRACTING has to realise the payment simultaneously to the application. The LENDER will not realise any management until this payment was accredited properly. It will consider that the payment is accredited when the banking entity like this communicate it to the LENDER. In the case of the banking transfers, the CONTRACTING will have to send justifying of the income to firstname.lastname@example.org, identifying properly the concept of the income.
4.1.4.- Renewals: All the services in the LENDER actuate with an automatic renewal for what, along a month before his caducity the LENDER, whenever the data of payment of the CONTRACTING are correct, will proceed to his renewal. The CONTRACTING will be able to anytime proceed to the deactivation of the automatic renewal since the applications that put to his disposal. The LENDER will act always warning and informing to the CONTRACTING that goes to realise the renewal of the service with anterioritat to his caducity and being able to the CONTRACTING to request that it proceed to the cancellation of the same giving like this for finalised the agreement. Once it produce the renewal of the service without demonstration against for part of the CONTRACTING in no case pertocarà to the return of the amount paid by the same. desactivaran The automatic renewals to all that CONTRACTING that have a situation of impagament or a historial of impagaments in the LENDER. In case that the CONTRACTING have desactivat these automatic renewals this assumes that it has to proceed to realise the renewal of the service before it finish the term of the last agreement realised -date in which the service caducarà- to avoid incidences of last moment and unexpected consequences. The CONTRACTING assumes all the responsibility for the loss or incidences that can produce derivative of the application of renewal out of this term, limiting the responsibility Of the LENDER to return, if escau, the amount that had credited the CONTRACTING for a renewal out of term that at the end have not been able to realise. The LENDER in no case will return the amount of a renewal that had realised successfully. For both parts agrees that the previous business day to the venciment or caducity of the service without that the CONTRACTING have effected the corresponding payment to the renewal, the LENDER will proceed to not renewing the service requested with the consequences that of this performance derive , and will consider the present agreement finalised. In any event, the LENDER specifies that it will proceed to realise this renewal if the CONTRACTING like this requests it until the last day of the venciment of the register, but does not assume the responsibilities to the fact that could pertocar for the loss of the same derivative of the no fulfillment for part of the CONTRACTING of the renewal anticipated distinguished previously. The LENDER, from the endemà to the caducity of the service that the CONTRACTING has left caducar will be able to, to his criterion, renew the name of domain converting like this in the new registering of the domain that the CONTRACTING has not wished to renew. Of the same way the LENDER, converts automatically in registering of the domain in case of impagament of the relative bill to the same.
4.1.5.- Turnover: The CONTRACTING will have of the bill that the LENDER will issue detailing all the concepts. Anytime, the CONTRACTING can communicate his wish to receive the bills in support paper, by means of writing directed to the LENDER.
4.2.- Free services included with the register, transfer and renewal of domains The CONTRACTING will have of the free services with the register of names of domain that to each moment specify in the place web for the type of concrete domain.
4.3.- Rejection The service of register, transfer and renewal of domain is not subject to the possibility of desistiment for part of the CONTRACTING since it treats of a service that realises conformal to the specifications of the CONTRACTING -specific election by name of domain- or clearly personalitzat that, for his nature, can not be returned, since the service executes totally and therefore there is not right to return.
4.4.- Responsibility of the CONTRACTING:
4.4.1.- Good use of the service: The CONTRACTING is forced to do a good use of the service and therefore to not to use it in bad faith for any practice that was forbidden by the law or refused by the mercantile uses. Likewise the CONTRACTING declares that in what to him concerns him, neither the register of the name of domain registered neither the direct or indirect use of the same infringeix the legal rights of third people. The CONTRACTING assumes the full responsibility and the risk with exclusive character that the application effected was conformal to the political of names of domain, assuming also in scoop all responsibility that derive of the use of the domain. The LENDER remains empowered by means of the present agreement, from the moment in which have irrefutable knowledge of the realisation for part of the CONTRACTING of any performance or illegal use in general, to put in knowledge of the competent authorities these circumstances and give off sick the service of immediate shape. The CONTRACTING will be the only manager enfront of any claim or legal action, judicial or extrajudicial initiated by third prejudiced in front of Courts or other organisms, how the ICANN or the OMPI, that was based in the register, titularity and utilisation for part of the CONTRACTING of the domain requested, assuming this all the expenses, costs and compensations that, if escau, can assume the LENDER if the claim is directed against this. Especially, when the CONTRACTING was demanded by a judicial or extrajudicial authority demanding him the name of domain that have registered, the possible loss of the same will not comport the return of the amount credited by the CONTRACTING to the LENDER since it is the CONTRACTING who assumes the absolute and exclusive responsibility of the licitud of this application. The LENDER will subject to the requeriments than to tenor of the domain in question are him effected by the competent authority. The CONTRACTING accepts that his register is subject to suspension, cancellation or transfer in virtue of any specification or political adopted by the ICANN, or in virtue of any procedure of register that it was incompatible with a specification or political adopted by the ICANN to correct possible errors committed by the registering or the Registrar.
4.4.2. Banking returns: For each banking return that produce for imputable causes to the CONTRACTING –wrong data, have returned the receipt to his bank or not possessing sufficient bottoms in the account number or distinguished card to effect the charge-, the LENDER will earn an additional price of a euro for cadascun of the receipts impagats corresponding to the banking expenses that originates the return of the payment. The LENDER, when receive of the banking entity a domiciliation refused or the return of the charge realised in the credit card for part of the CONTRACTING, will put it in knowledge of this via e-mail because it proceed to the abonament of the amount with the recàrrec of a euro signalled previously. The abonament of the services impagats has to realise necessarily through banking transfer sending later the CONTRACTING justifying of the same to the email@example.com. In determinate cases when the CONTRACTING have a historial of impagaments, will allow to the user credit this by means of credit card –sending copy escanejada of the same and of the NIF- If the CONTRACTING does not credit the service in a term of twenty-four hours, the LENDER will proceed to restrict the access to the administration of the service hired, and will redirect the service or to nexe.ws or to a specific page that signal the situation of impagament. Likewise, the LENDER while it keep the situation of impagament will be able to forbid the access to the rest of services that the CONTRACTING had hired until the CONTRACTING compensate the debts that has with the LENDER. When a CONTRACTING have realised more than a return of the banking charges effected by the LENDER in relation to the services that have hired, the LENDER will be able to determine to his whole criterion that this CONTRACTING have to credit with indefinite character by means of banking transfer all the services that have hired in the LENDER in spite of that it have regularitzat his payments. In the cases in which the CONTRACTING have any balance dinerari in the LENDER, arrived a return of a charge, the LENDER will proceed with immediate character to compensate the same with the available balance of the CONTRACTING.
4.4.3.- Security: The CONTRACTING will be the only manager of the maintenance and creation of his own backups on the contents and all the information that lodge in the service. Likewise, the CONTRACTING will be responsible of the security and confidentiality of the keys with which accesses to his private area to realise the administration of the service and request changes in the same having to save them in certain place with the purpose to prevent the access to third no authorised.
4.4.4.- Due diligence: The CONTRACTING holds responsible to realise all the performances that are him required with the due diligence because the service can be loaned properly. With special character, the CONTRACTING has to be diligent regarding the renewal of the service and referent to the approval of the tràmits of transfer of domain. Also it stops determined registers –how the .cat- Demands an active behaviour of approval of the tràmit for part of the CONTRACTING. The CONTRACTING is responsible of the veracity of his data, engaging to provide to the LENDER data of exact and truthful contact and that the same will be updated and corrected whenever it was necessary. The LENDER puts to the disposal of the CONTRACTING all the means because it can proceed to the modification of his data. I allow realise this modification since the private only area and certain that has the CONTRACTING in the place web of the LENDER, already to which accesses by means of the keys obtained with the register of user; for this reason the CONTRACTING have to be especially diligent in the guard and custody of these keys. The CONTRACTING manifests that when it does not enter his personal data but the ones of a third is authorised by this for his introduction. When the CONTRACTING facilitate of intentional shape inaccurate or false information, or when of intentional shape does not correct neither updates the information facilitated in his moment to the LENDER, or does not answer in a term of five natural days to the questions of the LENDER regarding the veracity of the data of contact associated to his register, will incur cause of resolution of agreement and will be reason of the cancellation of the register of the domain for part of the LENDER. Any one CONTRACTING, headline of the name of domain registered, that wish to yield the use of a domain to third people will follow being this in all marry the headline of the referred domain and will be the manager to facilitate his own data of contact and also will be the manager to facilitate and update technical and administrative data exact and truthful that help to provide a fast and simple solution to any problem that can arise related with the name registered. The headline of the name of domain registered that it yield the use of this domain in accordance with the signalled in this clause, accepts the responsibility without reservation for the damages caused by the undue use of the name registered, shot that reveal without demora the identity of the person or people to who has yielded the rights whenever this headline have irrefutable tests of intentional damage. The headline of the name of domain that yield data of third people to the LENDER affirms to have the same consent for part of these that the consent that is demanding the LENDER to the CONTRACTING by means of the present agreement.
4.4.5.- Compensation: The headline of the name of domain indemnifies and eximeix of responsibility to the LENDER, to his managerial, employees, or to any agent intervinent of any demand that can arise for damages or derivative responsibilities of a register of domain, including the expenses and legal costs in which the LENDER could incórrer. This obligation to indemnify perdurarà still when extinguish the Agreement of Register. The headline of the name of domain is the only manager of the incidences that can arise for the register or utilisation of the same.
4.4.6.- Acceptance of the political of domains: The headline of the name of domain registered accepts the use, the copy, distribution, publication, modification and other processes on the personal data of the headline of the name registered by part of the LENDER, so as to fulfil with the requirements demanded for the register and maintenance of the names of domain as the indications of the managing entity of the same. Likewise, the headline of the domain subject to the procedures of the Uniform Politics of solution of controversies in matter of names of domain (Uniform Domain Name Contest Resolution Policy, “UDRP” ) established by the ICANN and to the Sunrise Resolution Policy (“SDPRP”), as well as to the rest of procedures and norms that figuren in http://www.icann.org/en/policy/, the LENDER in his apartat legal in the place web puts to the disposal of the CONTRACTING a translation of these political. The headline will not be able to demand to the LENDER responsibility any for losses or responsibilities that result of procedures and processes related with the Sunrise Period or the Land Rush Period, or with any special period that the managing entities determine relative to the capacity or inability of one registering to obtain a name registered during these periods and the results of any conflict or demand on a register in these phases. The CONTRACTING to elders of the uniform Politics established by the ICANN, has to subject to the different processes and normative that demand each managing entity (registries). These can be consulted in the different places web of cadascun of them being some of the following the most common but without that in no case have the following smart character taxatiu: http://www.verisign.com/; http://www.afilias.info/; http://www.pir.org/; http://www.domini.cat/; http://www.nic.es/; http://mtld.mobi/; http://www.neustar.biz/; http://www.telnic.org/; http://www.gnr.name/; http://www.domain.me/; http://www.eurid.eu/.
4.5.- PRIVACY WHOIS The LENDER puts to the disposal of the CONTRACTING of the service of register, transfer and renewal of domains the service of PRIVACY WHOIS that consists to offer only and exclusively to the effect of notifications, data of a third because figurin publicly in the contacts of whois –public database where figuren the data of the headline of a domain- of the domains hired. This service the LENDER subcontracts it to a third company that will be the attendant to appear publicly in the referred contacts. The CONTRACTING of this service authorises without reservation to the LENDER because it request to this third company (PRIVACIDAD WHOIS, S.L.) The service. The utilisation of this service does not involve in no case a change or cession in the titularity of the domain hired, the CONTRACTING is the absolute owner of the domain and therefore in no case will use this service in bad faith or to treat to conceal any type of illegal act, yielding to the LENDER – through this third company- the representation of the same to the effect of notifications. The CONTRACTING of this service is subject therefore to the responsibilities and distinguished obligations in the present conditions. When a CONTRACTING request the service of PRIVACY WHOIS will generate automatically with the register of domain an account of post that will be property of the third company that loans the service and to which will redirect the e-mail cash of the CONTRACTING because so be it this, in definite, who was always to the current of all the notifications than relative to the domain can receive this third company.
5. COMMUNICATIONS The LENDER and the CONTRACTING agree to communicate and notify all the incidences that produce along the vigència of the different services that can have hired, preferably and previous to any one other road of communication, by means of e-mail. The post of the LENDER for these communications will be firstname.lastname@example.org and the one of the CONTRACTING will be the ease in the form of register of CONTRACTING of the LENDER in the place web. The CONTRACTING engage to have operative this e-mail and to modify it since his private area if it was necessary to continue receiving the communications. In any event, if succeís any urgent problem or failure in the previous communication, the communications will realise by means of telephone, fax, postal post, mail or any one other suitable system at last that it pursue . Nevertheless, the road of preferential communication is the one of the e-mail, remaining eximeix the LENDER of everything type of responsibility that can derive for the fault of query or error in the e-mail facilitated by the CONTRACTING. Cadascuna Of the parts will be responsible of it saves and custody of the copies of the communications that realise .
6. RIGHTS Of AUTHOR And BRAND Remains forbidden the extraneous utilisation for any means of the brand of the LENDER, that includes so much the name how the logotype, except consent exprés of the LENDER. They remain reserved all the rights. Besides, the place web of the LENDER -the own contents, the programming and the design of the place web- finds fully protected for the rights of author, remaining on purpose forbidden all reproduction, communication, distribution and transformation of the referred elements protected, except consent exprés of the LENDER.
7. LASTED OF THE AGREEMENT The present agreement of benefit of service will have the lasted that the CONTRACTING request in function of the periods specified for each type of service in function of what specify in the place web. It Will remain always constància of the period chosen by the CONTRACTING to his private area. In case that the CONTRACTING, arrived the date of caducity of the service, have actuated the automatic renewal of the same this prorrogarà for the same period, whenever it do not exist any return or incidence with the payments realised by the CONTRACTING to effect this automatic renewal. Nevertheless, the LENDER will warn via e-mail with antelació sufficient to the CONTRACTING that goes to proceed to this automatic renewal with the purpose of that the CONTRACTING find fully informed of this situation and can, if escau, request the deactivation of this automatic renewal. The CONTRACTING that have actuated this option, if it does not wish to continue with the service simply will have to leave that the same caduqui in such a way that if the LENDER do not receive order of renewal the agreement expira the same day of the date of caducity of the service.
8. RESOLUTION OF THE AGREEMENT The LENDER and the CONTRACTING will be able to consider resolved the present agreement for any one of the causes that establish in the laws and in particular for the incompliment of the present General Conditions. Also I fit the resolution without alleging cause any and without that it exist incompliment for any of the parts with a preavís of fifteen days. In that case of resolution without alleging cause, if who resolves is the LENDER, this will return him to the CONTRACTING the one hundred percent of the amount that had credited the CONTRACTING for the service. If the resolution without alleging cause exercises him the CONTRACTING, this resolution will not give right to return any to the CONTRACTING. In case of incompliment for part of the CONTRACTING, the LENDER will be able to exert his right to resolution with immediate character without need of preavís in those cases in which the incompliment can constitute any type of illicit behaviour for part of the CONTRACTING. In another case, will exist a preavís of fifteen days and the CONTRACTING will have right will have right to any type of compensation, reserving the LENDER the exercise of all the pertinent legal actions for the payment of the compensations of damages and damages that for the previous causes could derive. In case of incompliment for part of the LENDER, in function of the specified in the present conditions, the CONTRACTING will be able to resolve the agreement with a preavís of thirty days, limiting the responsibility of the LENDER, in case to exist a incompliment guilty, to an objective responsibility that will involve the return of the amount credited by the CONTRACTING for the service no gaudit.
9. CESSION The service object of the present agreement realises with personal character with the CONTRACTING. The LENDER admit the cession of the same for part of the CONTRACTING to a third whenever this realise the procedure safely through his private area. Requested the cession for the Contracting, and accepted by the addressee, will not be able to undo the change; only it will be able to realise a new cession investing the position of the intervinents. Likewise, the LENDER reserves the right to yield his position in the present agreement to other companies, always with previous warning of at least thirty days to the CONTRACTING.
10. JURISDICTION And APPLICABLE LAW The present General Conditions regeixen for the Spanish legislation. Specifically they are subjects to what has in the following norms: Law 7/1988 of 13 of Abril, on General Conditions of Contractació; Royal Legislative decree 1/2007, of 16 of November, for which approves the text refós of the General Law for the Defence of the Consumers and Users and other complementary laws; Royal decree 1906/1999 of December 17, 1999, for which regulates the Contractació Telephonic or Electronic with general conditions; Organic Law 15/1999 of 13 of December, on Protection of Data of Personal Character; Law 7/1996, of 15 of January of Ordenació of the Trade Minorista; Law 34/2002, of 11 of Julio, of Services of the Society of the Information and Electronic Trade; Law 16/2009, of 13 of November, of services of payment; as well as any one other norm that develop them or modify. On the other hand, to the CONTRACTING of the service object of the present conditions, will be him applicable the General Conditions of use of the place web, as well as the General Conditions of contractació applicable to the additional services that can bring matched the services object of the present conditions, as it signal to each moment in the place web, regiran for his specific conditions or for what, in his moment indicate in the possibilities of the form of comanda of the place web. For the resolution of any controversy or conflict that derive of the present general conditions will be competent the Courts and Courts of Valencia, renouncing on purpose the CONTRACTING to any one other fur that could correspond him.
11. DIVERSE In case that any clause of the present document was declared invalid, the other clauses will follow valid and will interpret taking into account the will of the parts and the same purpose of the present conditions. The present agreement realises in Spanish, Catalan and English. The LENDER will be able to not exercising any of the rights and faculties conferred in this document, which thing will not involve in no case the renunciation to the same, except recognition exprés for part of the LENDER. The present General Conditions find registered in the General Register of Conditions of Contractació to award transparency and security to all the process.