Mediation contract for the Registration of Domain Names
On the one hand, the entity SOLUCIONS CORPORATIVAS IP, S.L.U. (hereinafter identified by the commercial brand MrDomain), holder of N.I.F. nºB57333601 with registered address in Manacor (I Baleares), in C/Ses Parres, 21 1º esquina Brunete. Limited Responsibility Company in Palma de Mallorca constituted before the Notary Mr. Victor Alonso-Cuevillas Sayrol, inscribed in the Mercantile Registry of Baleares, tome 2120, folio 0, book 173, page PM-50105.
On the other hand, the contracting party (hereinafter called the CUSTOMER), physical person or legal entity completing the contract form and who, having informed him or herself about the service and how it functions, declares knowledge and free acceptance of the present contract.
Both parties mutually recognise their full capacity to enter into and formalise the present MEDIATION CONTRACT FOR THE REGISTRATION OF DOMAIN NAMES accepting the terms and conditions established in the following clauses:
- MrDomain: company dedicated to providing telecommunications services, specializing primarily in the Domain Name registration and Web hosting.
- Customer: any natural or legal person completing the application form for registration and / or transfer of a domain name. This person does not have to coincide with the holder of the domain name in question. In which case, being an intermediary between the registrar and the domain name holder must inform the latter at least the obligations it assumed in obtaining that title with respect to the relevant Registrar.
- Owner and/or Registrant: natural or legal person who acquires the right to use the domain name chosen and given only for the purpose of addressing the system of Internet Domain Names during the period determined by the competent Registrar.
- Contract: all the clauses contained in this document, together with the contract form and any additional information about the particular service contract chosen by the customer, collect updated so expressly in the URL www.mrdomain.com, forming a unit that requires the parties. THE RULES ESTABLISHED BY COMPETENT RECORDERS (Domain Name of second or third level under the relevant extension) SHALL BE COMPLIED and therefore may influence the way of providing the service by MrDomain, in addition, this legislation will interpretation to the clauses of this contract in all matters affecting them on the Domain Name registration, transfer, conflict resolution, change in ownership, change of registrant, but does not affect the contractual relationship created between itself and the client MrDomain .
- Domain Name: set of characters that identifies a through DNS (IP) address on the Internet. A given server can have more than one Domain Name but a given Domain Name is attributed only to a server.
- IDN (Internationalized Domain Names): Internationalized Domain Names, multilingual characters of any language, defined as those other than those included in the English alphabet.
- IDN .es: Internet Domain Names under the country code for Spain (. S) of second and third level with multilingual characters, defined as those typical of the Spanish languages other than those included in the English alphabet, which are :
l • l
- Code ASCII version of the domain name, used globally in the DNS system, consisting of numbers, hyphen and the Anglo-Saxon alphabet.
- ACE Code: version of the Domain Name with multilingual characters encoded so that your Domain Name can be used in the DNS system and, preceded by the string of four characters "xn -" contains the domain name character Multilingual ASCII format.
- IP (Internet Protocol): A set of rules governing the transmission of data over the network.
- Registrar (Registrar): registrants authority or agency, national or international public or private, authorized by ICANN to manage domain names and publish, through whois, the information requested by the holder, contacts and DNS domain it manages.
Information on generic domain registrars:
www.icann.org / registrars / Accredited-list.html
Information on the territorial domain registrars:
- Registry: entity, public or private, authorized by ICANN, which manages and maintains the database for each domain name top level (Top Level Domain).
- DNS Change: DNS change means the technical transfer of the DNS of a domain name.
- DNS (Domain Name System): Domain Name System in the Internet field responsible for translating domain names into IP addresses.
- Billing Contact: natural or legal person responsible for payment of the domain corresponding to the Registrar.
- Administrative Contact: natural or legal person responsible for managing a domain.
- Technical Contact: natural or legal person entrusted with the operation of the Domain Name Servers.
- ICANN (Internet Corporation for Assigned Names and Numbers): Non-profit corporation formed to assume, among other functions, the responsibility for the location of IP addresses, assigning protocol, the address of domain name systems and servers in short, to ensure the functioning and stability in the network.
- WHOIS: an interactive publicly accessible on the Internet that provides information on ownership, contact details and availability of a domain name or IP address.
- Sunrise and Landrush Period Period: This refers to different time periods of pre-registration, as determined by the relevant Registry as the Domain Name. These periods prior to the final commissioning of the registration of the Domain Name in question, for which special rules are followed, marked also by the Registry and to be respected in any case by the holder of the domain name.
- Customer Area: tool developed by MrDomain that is allocated to each customer and allows, among other things, hire and manage their products, check the invoices, update your billing information, access the control panel and make authenticated requests, so that each order cause technical and administrative actions necessary for the development of the required action.
- Login and password: authentication systems that allow customer to access the web control panel and the Client Area, as well as grant applications and information on the plan contract, that is, it is a system that guarantees access to contract plans, data and information is secure, reliable, truthful and always come from customers or authorized users for this. MrDomain uses these systems to identify, authenticate and verify the person of the client.
The objective of the present contract is:
- to regulate the conditions under which the CUSTOMER applies for the registration and/or transfer of a second level Domain Name under .com, .net, .org, .info, .biz, .tv, .eu, .es, .mobi, .pro, .tel, .asia, .cat, .xxx, .travel, as well as the registration or transfer of third level Domain Names under .es, or for the registration and/or transfer of Territorial Domain Name (ccTLD) under .at, .be, .bz, .ca, .cc, .ch, .cn, .com.cn, .net.cn, .org.cn, .de, .dk, .fr, .re, .tf, .yt, .wf, .pm, .in, .co.in, firm.in, gen.in, .ind.in, .net.in, .org.in, .it, .li, .me, .mx, .com.mx, .nl, .co, .com.co, .net.co, .nom.co, .co.uk, .ltd.uk, .me.uk, .net.uk, .org.uk, .pcl.uk, .us, .ws, .com.au, .net.au, .id.au, .org.au, .asn.au, .so, .com.so, .net.so, .org.so, .fm, .lu, .la, .pt, .com.pt (hereinafter identified as TLDs) through MrDomain.
Active TLDs will appear at http://www.mrdomain.com/products/domains/
- To this effect, MrDomain acts in accordance with the procedures and limitations that the Registrars, ICANN, and competent bodies dictate.
- In addition, it regulates the conditions and the form of remuneration from the CUSTOMER to MrDomain for the service rendered.
Other benefits, services, applications or options may be offered for MrDomain to the CUSTOMER through contracts or other marketing communications as well as the provisions of www.mrdomain.com website.
3.- POLICY FOR THE REGISTRATION, TRANSFER AND RENEWAL OF DOMAIN NAMES
3.1. MrDomain, by virtue of this present contract, acquires the obligation to carry out the corresponding procedures, always respecting the regulations and terms established by each Registry, for the purpose of:
- Registration, transfer and/or renewal of a Domain Name under any TLDs chosen by the CUSTOMER.
3.2.The CUSTOMER recognises that it is MrDomain who must make the corresponding application before the competent bodies, but the concession, transfer or renewal of said Domain Name is the exclusive responsibility of the Registry or competent body.
3.3. The current legislation that applies every Registry to each TLD and will be binding on the customer, and the price to be paid by each of the procedures can be consulted at http://www.mrdomain.com/products/domains/
The price shall be as specified in clause 4 of this contract.
3.4. The CUSTOMER accepts that the registration of the Domain Name subject of this contract does not confer any legal rights upon him or herself.
3.5. The CUSTOMER accepts that he or she bears the sole responsibility for the choice of this Domain Name and its subsequent maintenance.
3.6. The CUSTOMER recognises that neither the registration of the Domain Name nor the manner in which it is used both directly and indirectly, infringes the legal rights of third parties and additionally that said Domain Name is not being registered for its fraudulent use either now or in the future.
3.7. The CUSTOMER agrees to destine to legal purposes the Domain Name to be registered.
3.8. The CUSTOMER recognises that the ultimate ownership and responsibility for the Domain Name falls to whoever is named as the owner of the Domain Name.
3.9. The CUSTOMER will receive, at the e-mail address specified by him or herself in the contract form as a contact address, notification confirming that the application has been successfully brought into effect before the competent Registrar.
3.10. The CUSTOMER and/or holder acknowledges and agrees that the operation and functioning of IDNs, is in the temporary, pending its complete technological adaptation, so it may vary depending on the type of browser and email program employee in each case, requiring some of them, downloading an application that will add this feature art.
3.11. Transfer: if the CUSTOMER has already registered a Domain Name under any TLD with another Registrar, the CUSTOMER must request a transfer of the Domain Name to MrDomain.
The owner and/or CUSTOMER agree to not change the Registrar within a term of 60 days from the initial registration or from the last change of registrar.
In either case, MrDomain cannot ensure the change of registrar as it is the old registrar who must facilitate the final authorisation.
The price will be indicated in clause 4 of this contract.
3.12. If a transfer of a .lu Domain Name has to be restarted because it was not accepted within the time specified by the Registry or have been canceled, there will be a nonrefundable fee of 4 Euros for fees.
3.13. Renewal of a Domain Name: Once the Domain Name has been registered or transferred to MrDomain, it will be MrDomain who will handle the renewal of same, charging the price determined for this purpose in accordance with clause 4 of this contract.
MrDomain will not be responsible for the renewals not being carried out correctly for reasons attributable to the competent bodies.
The Customer may check the domain names with the functionality of auto-renewal from the client area. In case of having account balance, domain names with this functionality enabled will be renewed when missing 30 days to its expiry date.
It is not possible to cancel the renewal of a domain name once processed.
3.14. In those cases where a generic domain name or territorial .tv or .cc is not renewed on reaching its expiry date, before it is released, will go through the following phases:
- At 6 days after the date of expiration, the domain will enter into state "Registrar Hold" period that will remain for 24 days, in an inactive state at a technical level. During this period the domain name may be renewed at any time, at the rates specified in paragraph 4.1 of this contract.
- Then, within 30 days after its expiry, enter into the phase of "Redemption Grace Period", where it will remain for another 30 days, in an inactive state at a technical level. The cost of the renewal of domain names during this period will be 90 euros. In any case, MrDomain not guarantee the effective recovery of the domain, so it is not responsible for the consequences that this might cause. If this proves impossible the renewal MrDomain return the amount paid by it.
- After this period no longer possible to renew the domain name and in five days, will be open for registration by any CUSTOMER.
.es Domain names that are not renewed on reaching its expiry date, will be inactive at the technical level that day and the tenth day will be available free from the general register. The price for renewal during this period of 10 days, will be the same as during the regular session.
.eu Domain names enter into a state of "Quarantine" after its expiration date, a period that will remain for 40 days, in an idle state at the technical level. During this period the Domain Name may be renewed at any time. The cost of recovery will be 40 euros.
Also, .be Domain name non-renewed to reach its expiration date shall be suspended for forty days, after which they will not be reactivated available to the general log. The cost of recovery will be 90 euros.
Also, .at Domain name not be renewed at reaching its expiry date, will be managed directly by the client to the Registry (nic.at), which acts according to its policy renew the domain unless the customer has requested the floor of the domain or renewed or modified after 28 days. More information: http://www.nic.at/en/service/legal_information/terms_conditions/
Also, .ch and .li Domain name that have not been renewed to reach their expiry date, will be managed directly by the client to the Registry (http://nic.ch /), which acts according to its policy domain renewed unless the customer has requested the floor of the domain or renewed or modified after 45 days. More information: https://www.nic.ch/reg/cm/wcm-page/index.html?id=b0b4bb7a-af37-11de-ad7f-b9cfa6b6b3c3&lid=en
Although MrDomain notify the customer and/or owner of any changes that the competent organization, to carry on the characteristics and duration of these periods, the governing valid and this point can be found at http://www.mrdomain.com/products/domains/under information of each of the TLDs.
3.15. Change of ownership and other Domain Name data: the CUSTOMER must comply with the requirements and carry out the procedures as requested by MrDomain, as well as issuing the necessary documentation in accordance with the competent Registry.
3.16. When completing the form for the registration or transfer of a Domain Name, change of ownership or other data, change of registrar, etc the owner and/or CUSTOMER of the Domain Name directly consents and authorises the collection and cession to the competent body, as well as the processing and publication, of the data related to the public whois information, for him or herself, for the technical contact and for the administrative contact, as required by the competent Registry.
If the owner of the Domain Name is not the same as the CUSTOMER, responsibility will fall to the latter to obtain the consent of the former to the obligation, amongst others, referred to in the previous section of being responsible in the last resort for all consequences that non-compliance of this obligation may generate.
3.17. The CUSTOMER authorises the processing and cession to third parties of the data contained in the application for the registration of a .eu Domain Name, on behalf of EURid, in the following cases:
- If so ordered by a public organism in the exercise of it’s legitimates duties.
- At the request of Alternate Dispute Resolution Service providers, mentioned in section 16 of the Terms and Conditions for the registration of .eu domain names published in http://www.eurid.eu/ or
- According to that established in section 2 (Search function of Whois) of the Whois policy of .eu domains, published in http://www.eurid.eu/.
3.18. The search for a Domain Name may contain errors as the resulting information is electronically generated from multiple data sources. MrDomain is not responsible under any circumstances for the search results, with it being merely informative in nature.
3.19. The CUSTOMER recognises that MrDomain cannot guarantee that he or she will be able to obtain the desired Domain Name, even if the consultation indicates that the desired Domain Name is available at the time of requesting same.
4.- PRICES FOR THE REGISTRATION, TRANSFER, RENEWAL OF DOMAIN NAMES
4.1. Registration, renewal and transfer:
Prices governing this contract can be consulted at http://www.mrdomain.com/products/rates/ and should be valid unless modification, in which case notified in good time.
4.2. Change of ownership or other Domain Name data:
In most TLDs the price of these procedures is free because it is the client who performs from his domain administration panel. But some Registries have estipulated an additional fee for a change of ownership (TRADE). In case of application, the customer will be informed in advance through online communication, the fee to be paid to make that change.
4.3. MrDomain reserves the right to review and amend the level of the prices stipulated on the web www.mrdomain.com and included in this contract.
If this happens, customers will be made known before they are affected by the change in the next bill.
4.4. All the prices that appear on the website www.mrdomain.com and which are mentioned in the different sections of this contract are subject to the corresponding taxes.
5.- FORMS OF PAYMENT
5.1. Payment for the services object of this contract is IN ADVANCE and can be made by credit card, Paypal, e-payment, ukash or the bank transfer from the CUSTOMER to MrDomain.
The CUSTOMER will, in any event, chose the form of payment he or she wishes to use in order to pay for the registration or renewal of the Domain Name.
5.2. MrDomain will advise the CUSTOMER of the need to renew the Domain Name prior to the expiry of same. If the payment is not made in advance as requested, MrDomain will not be responsible for the fact that this might incur the loss of the Domain Name.
5.3. The data necessary to carry out the bank transfer to send funds to account is facilitated on the contract form when this is chosen as a form of payment, in any event this information will be sent to you by electronic mail.
The bank transfer or direct debit will not become effective until the bank has confirmed said transaction.
MrDomain will not effect the necessary procedures relating to the corresponding application until payment for these services has been received via the form of payment indicated in each case.
5.4. MrDomain will issue the corresponding invoice detailing all the concepts and items that make up said invoice.
5.5. For each returned payment produced for reasons attributable to the CUSTOMER, MrDomain will charge an additional fee of 3 Euros. MrDomain will not be responsible for the fact that said non-payment may mean the failure to register and/or renew the Domain Name. If after notice the CUSTOMER fails to make payment pending final low will cause the service for breach of contract on their part. This will prevent the CUSTOMER hiring new MrDomain services, cancellation of your customer account and all contracted services.
5.6. If a customer requests a refund of his/her "Account Balance", This will only be met if the available balance on the customer account is over 30 Euros. In This case, there will be a bank transfer to account number Indicated by the customer, minus the fee charged by the Merchant at the time of insertion of balance, plus 3 Euros for management of the operation back Expenses.
If You have consumed "Account Balance" and requests a refund, it will be made after 120 days from the date of insertion of the balance.
6.- COMING INTO EFFECT, DURATION AND EXTENSION
6.1. The present contract will come into effect when payment is made for the service requested in the completion of the contract form and will remain in force for the duration of the annual registration of the chosen Domain Name. If the Domain Name were transferred to another registering agent, the terms and conditions of this contract will cease to be in force.
In the event of the transfer of a Domain Name to MrDomain, the year will commence from the expiry date of the Domain Name object of the service in the WHOIS.
6.2. The effects of the services described in this contract, after the year’s duration, will be extended and the renewal procedures will be carried out provided the CUSTOMER so desires and pays for the renewal in advance as indicated in clause 5 of this contract when advised of the imminent expiry of the Domain Name.
7.- OBLIGATIONS AND RESPONSIBILITIES
7.1. MrDomain acts as an intermediary between the competent bodies and the CUSTOMER (and/or owner), carrying out the procedures required for the registration, transfer and/or renewal of the Domain Name, where applicable.
7.2. MrDomain is not responsible for the chosen Domain Name being in fact registered, even if it was available at the time of signing this present contract. Neither will it be responsible for the renewal being effectively carried out despite Mr Domain having carried out all appropriate procedures as established by the competent Registrars.
MrDomain will only respond in those cases where the registration or renewal has not taken place as a consequence of a negligent act of MrDomain’s. In these cases, MrDomain will carry out the appropriate procedures to register another Domain Name selected by the affected owner or at the request of the CUSTOMER the funds advanced for this service will be reimbursed.
For this reason, the CUSTOMER and/or owner of the Domain Name expressly renounces any claims of responsibility whatsoever, contractual or extra-contractual, damages and losses, against MrDomain for failure to obtain the registration or renewal of the affected Domain Name, without prejudice to the exercising of whatever legal actions may correspond to him or her before the competent body.
7.3. The CUSTOMER assumes any and all responsibility that may derive in relation to the rights of use of the chosen Domain Name.
7.4. The CUSTOMER accepts the terms and conditions imposed by all the internet domain name regulatory organisations.
7.5. The CUSTOMER accepts that the registration of the Domain Name object of this contract does not confer any legal rights to it.
7.6. The CUSTOMER accepts that he or she is solely responsible for the choice of the Domain Name, its subsequent maintenance and agrees to destine the Domain Name to legal enterprises, exempting MrDomain from any responsibility of any type that may derive from these actions.
7.7. MrDomain is not responsible for that which is exclusively attributable to the CUSTOMER and/or owner, nor that which is attributable to the performance of the competent Registrar, as well as any errors that may result from the registration process.
7.8. MrDomain’s responsibility will be limited to the amount of the registration applicable at the time of the dispute.
7.9. MrDomain reserves the right to suspend or cancel the CUSTOMER and/or owner’s Domain Name when it is being used to send unsolicited commercial advertising, or if the owner uses the Domain Name to carry out illegal activities.
7.10. If the CUSTOMER and/or owner fail to comply with any of their obligations as contained in this contract, MrDomain reserves the right to suspend or cancel the owner’s Domain Name.
7.11. MrDomain reserves the right to block, reject, cancel or transfer any Domain Name when in its judgement it is necessary to:
- Comply with applicable legislation, with legal requirements and the compliance of any dispute resolution procedure, due to non-compliance with the terms and conditions of this contract,
- Avoid any civil or criminal responsibility of MrDomain, the Registrar, the Registry and their respective employees.
- Correct errors committed by MrDomain, the Registrar or the Registry, in relation to the Domain Name,
- Protect the integrity and stability of MrDomain, the Registrar and the Registry.
7.12. MrDomain will not be responsible for the consequences that may result from the operational failure of the CUSTOMER’s contact email address.
7.13. MrDomain does not guarantee the use of the chosen Domain Name for carrying out any activity in particular.
7.14. For the .mobi domain names, the CUSTOMER and/or owner is aware of and accepts that they must comply with the requirements, rules, policy, procedures and practices as established in the style Guide for .mobi domain names (pc.mtld.mobi/mobilenet/dotmobi_guides.html) and consent to the supervision of their website to confirm compliance of same, in the manner described in the Guide. In addition, the CUSTOMER and/or owner are aware of and accept that this Guide is susceptible to change by the Registry and agree to comply with any change, within the time assigned for same.
In particular, and of an obligatory nature, the websites corresponding to the .mobi domain names must comply with the following requisites:
- The web design must be in XHTML-MP code.
- The website must be directly accessible from the Domain Name (for example http://domain.mobi/), in other words permitting both third level and second level domains.
- The website must contain neither frames or framework.
Periodically, the Registrar and/or the Registry will check on compliance with these requisites, notifying the administrative contact of the .mobi Domain Name of any non-compliance with same.
Consequently, those websites that do not comply with the obligatory requisites within a timeframe in excess of 60 days will be suspended and cease being operative and the .mobi Domain Name will be blocked, remaining in Registry-Hold state, although it will continue to be registered in the name of its owner.
The full procedure can be consulted at http://pc.mtld.mobi/switched/reg_compliancepolicy.html.
7.15. The CUSTOMER must comply with all the terms and conditions of this contract in the exercising of his or her professional activity, and must additionally act loyally and in good faith.
7.16. If the owner of the Domain Name is not the CUSTOMER, he or she must inform same of all the obligations that correspond to the owner of the Domain Name and obtain the consent of same when requested by the competent entities.
7.17. The CUSTOMER must satisfy the remuneration detailed in clause 4 of this contract.
7.18. The CUSTOMER and/or owner, where applicable, guarantees MrDomain that the chosen Domain Name is not being registered for illicit purposes nor damages the intellectual and property rights or other legitimate rights or interests of third parties.
In addition, for the .biz domain names the CUSTOMER states that:
- The Domain Name will be used in good faith, for commercial or business purposes and will not be registered for personal use, or for the purposes of selling it, renting it or commercialising it.
- Has the sufficient legal capacity to enter into the contract.
- The Domain Name is reasonably related to the business or commercial purpose of the owner, at the time of carrying out the registration.
7.19. If any dispute should arise over the rights of use of the chosen Domain Name, the owner and/or CUSTOMER, where applicable, will agree to resolve them via the procedures established by the competent Registry in accordance with clause 7 of this contract.
7.20. The CUSTOMER and/or owner, where applicable, of the Domain Name must comply at all times with the requirements of the corresponding Registry and ICANN.
In addition, the CUSTOMER and/or owner of a .eu Domain Name state that they are aware of, accept and must comply at all times with the requirements as per the Terms and Conditions of .eu domain name registration together with the Registration Policy, the Alternative Dispute Resolutions of the .eu domain and the Regulations. At all times respecting the guidelines and timelines established by the entity in charge of registrations, EURid, via www.eurid.eu.
By virtue of the aforementioned, the owner and/or CUSTOMER subsidiarily and exclusively assume the consequences that derive from the non-compliance of the afore-mentioned requirements, when said non-compliance can be attributed to him or her. Consequently, the CUSTOMER must inform the owner of same in the event that they are not the same person or entity.
7.21. If the CUSTOMER and/or owner fail to comply with the guidelines at any time they will not be able to claim against MrDomain for any damages and losses as a consequence of said non-compliance.
7.22. The CUSTOMER and/or owner declare and guarantee that all the information supplied to MrDomain is complete and correct. If there is any change, the modification must be immediately communicated to MrDomain.
7.23. The CUSTOMER is obliged to maintain operative, active and current the email address provided in the contract form for communications with MrDomain, as it constitutes the preferred means of communication of MrDomain for the agile and fluid management of the requested service.
If the CUSTOMER wishes to change the email address facilitated on the contract form as contact email address, he or she must do so via the client area, with the appropriate authentication measures of such a petition, in such a way that at no time is the communication between both parties interrupted. MrDomain will not be responsible for the consequences that may arise due to the non-functioning of the contact email address of the CUSTOMER or the lack of information that the failure to update a changed email address may produce, as well as the lack of information alleged by the CUSTOMER due to his or her own negligence in keeping this data active.
7.24. Responsibility for the use and conservation of the login and password to the client area falls solely on the CUSTOMER. The use of these identifiers and their communication, even to third parties, is made under the sole responsibility of the CUSTOMER.
7.25. The CUSTOMER and/or owner is responsible for respecting the laws and regulations in force and the guidelines relating to the functioning of the Plan online, electronic commerce, authors rights, maintenance of public order, as well as the universal principles of Internet use.
7.26. The use of the domain names in any way contrary to good faith is prohibited and, in particular, but not exhaustively:
- Any use contrary to Spanish laws or which infringes the rights of third parties.
- The publication or transmission of any content which, in the MrDomain’s judgement, is violent, obscene, abusive, illegal, xenophobic or defamatory.
- The cracks, programme series numbers or any other content that violates third party intellectual property rights.
- The gathering and/or use of personal data of other users without their express consent or in contravention of Organic Law 15/1999, of 13th of December, regarding the Protection of Data of a Personal Nature.
- The use of the Domain Name, of its mail server and/or its email addresses for the purposes of sending out spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusing viruses (Trojans, worms, etc), or any type of activity carried out with saboteur, fraudulent or delinquent intent.
7.27. In the event of the CUSTOMER and the owner not being the same person, if MrDomain receives one request from the CUSTOMER and another different one from the owner (duly accredited) regarding the same Domain Name, whatever the nature of the request, the CUSTOMER consents and accepts that MrDomain will attend to the petition of the owner, as the person with the right of use and the obligations referring to use in relation to the competent entities in this matter is the owner.
7.28. The owner and/or CUSTOMER, where applicable, authorise and consent to the competent Registrar annually contacting the owner so that the Registrar may verify that all the existing data on the public whois database is correct. In addition the owner agrees that in the event of the information on this database being incorrect, he or she will proceed to update same as quickly as possible, as intentionally providing incorrect information constitutes a material infraction of the contract and will be the basis of the cancelation of his or her Domain Name.
7.29. The owner and/or CUSTOMER must respond within a timeframe of 15 days to any requirement of the corresponding registrar, relating to the up-dating of the data provided for the registration of the Domain Name. In the event of failure to comply, the Domain Name may be cancelled or deactivated.
The CUSTOMER, in the acceptance of this contract, expressly consents to the sending of invoices relating to the service contracted via telematic means, as signalled by the current guidelines in this matter.
7.30. In addition, the CUSTOMER and, where applicable, the owner will assume as many obligations as derive from the other clauses of this contract and which have not been contemplated in this present clause.
8.- CONFLICT RESOLUTION
8.1. The CUSTOMER and/or owner agrees to accept any request for arbitration by the registration of a domain name and submission to the Regulations governing dispute resolution domain name approved by ICANN, including the resolution of conflicts that could arise during periods called Sunrise Period and Land Period, called in the latter cases "Sunrise Dispute Resolution Polity."
The rules governing conflict resolution domain name (DOMAIN NAME DISPUTE RESOLUTION POLICY) links to this contract General Domain Names and sets forth the terms and conditions with respect to a dispute between the owner and another party, other than MrDomain on the registration and use of an Internet domain name registered by the CUSTOMER and/or owner.
The actions are carried out according to the UDRP dispute resolution in domain name adopted on August 26, 1999 by ICANN available at http://www.mrdomain.com/legal/23/politica-uniforme-para-la-resolucion-de-conflictos-de-nombres-de-dominio/ and research service provider of administrative dispute resolution selected.
For the .biz Domain Name, the owner in addition to the above policy also should submit to their specific policy conflict resolution, published in www.neulevel.biz/RDAs/docs/rdrp.html
For country-code Domain Names is necessary to note that in addition to following the rules of ICANN, as mentioned in the preceding paragraph, in each case must follow the rules of the relevant Registrar by country.
.es Domain Names, the owner shall be legally bound, the procedure for dispute resolution for .es domain names. This procedure is available for review at http://www.mrdomain.com/legal/27/reglamento-del-procedimiento-de-resolucion-extrajudicial-de-conflictos-para-nombres-de-dominio-bajo-el-codigo-de-pais-correspondiente-a-espana-es/
For those disputes that might arise over .be domain names, the owner agrees to submit to the Procedures Alternative Dispute Resolution (hereinafter ADR), developed by DNS. Be in conjunction with the Belgian Centre for Arbitration and Mediation (CEPIMA) .
For .mx Domain Names, the owner shall be subject to dispute resolution policy on .mx Domain Names (LDRP) and Regulations of the dispute resolution policy on .mx Domain Names, which is available for review at http://www.nic.mx/es/Politicas?CATEGORY=INDICE
8.2. Neither MrDomain nor the Registrar nor the Registry shall be responsible for the damages that may result if a domain name is found involved in a dispute resolution process, both technical and administrative performance, or the result of the same.
8.3. MrDomain will not act as an arbiter for the resolution of disputes between the CUSTOMER and third parties for the use of the Domain Name object of this contract.
8.4.The CUSTOMER and/or owner, for the resolution of domain name conflicts, in accordance with that established by the regulatory guidelines, will submit, without prejudice to any other jurisdiction that may be applicable, to the jurisdiction of the courts of the owners address (according to the whois data) or the address of the head office of the registrar.
8.5. This Agreement has been drafted in an English and a Spanish version. In case of discrepancies, the Spanish language version shall prevail.
9.- FORCE MAJEURE
9.1. Neither party shall be liable for breach of obligations under the contract and, therefore, no right to compensation where such failure is due to Force Majeure.
10.1. These present Contract Conditions, in relation to each of the Services applicable in each case, will terminate for the reasons admitted in both the Civil and Commercial Code and, specifically, for the following:
- Due to the termination of the term of the contract or any of its extensions;
- By mutual agreement between the parties expressly manifested in writing and
- Due to the early resolution of the Contract Conditions in accordance with the terms and conditions established in the next clause.
In any event, the termination of the contractual relationship will not exonerate the parties from the fulfilment of outstanding obligations.
Without prejudice to the ability to terminate the contractual relationship established in the previous paragraph, MrDomain may retire or suspend at any time and without prior notice the provision of Services to the Client in the event it considers the Client has failed to comply with any of the obligations assumed by him or her by virtue of the present Contract Conditions, being able to request the payment of any damages and losses that may have arisen as a result of this non-compliance.
10.2. In the event of the rescission of the contract, for the reasons afore-mentioned or any others admitted in law, the CUSTOMER and/or owner must comply with the obligations assumed prior to the rescission of the contract due to MrDomain and third parties.
10.3. In those cases in which the rescission of the contract is caused by reasons attributable to MrDomain, the latter will act in accordance with what is established for these cases in the corresponding Registries and ICANN.
In compliance with Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), Soluciones Corporativas IP, SLU states have adopted the necessary technical and organizational measures, required by it.
The personal data that Soluciones Corporativas IP, SLU, hereinafter "MrDomain", stated in its website, http://www.mrdomain.com/ and especially customer data entered during the recruitment process are automatically processed and incorporated into the corresponding files, called "CLIENTES" and "DOMINIOS", duly registered with the Spanish Agency for Data Protection.
The collection and processing of personal data is aimed at maintaining the contractual relationship may be established with MrDomain as well as carrying out the tasks of information, improved service quality, marketing (always identified as such), sending trade journals and other similar activities MrDomain own.
The personal data processed in the file "CLIENTES" only be transferred to national or international entities as necessary for the sole purpose of giving effect to the purposes mentioned above.
The personal data processed in the file "DOMINIOS", collected for the registration of the Domain Name, change in ownership or other changes relating to personal data will be transferred to the Authority National or International Registrant competent for registration corresponding domain name. This transfer is intended solely and exclusively for the purposes directly related to the legitimate functions of the transferor through the service contract (modification of registration or domain name).
The customer, when completing the application form authorizes such data for technical and operational reasons, be transferred, posted, processed and stored in these organisms.
In this regard, and as a requirement established by ICANN or organization competent Registrant, the domain name holder authorizes the publication of data relating to the ownership of the domain name in question and contact the administrative, technical and billing, accordance with the rules, must be public and accessible from the registrar whois authorities.
The customer undertakes to collect, the holder, the authorization for the release of the data and transmitting them when it does not match the individual customer.
Customer acknowledges and agrees that technical suppliers for some products, exceptionally and if necessary to address any issues of a technical nature, they can remotely access the physical server on which the product was staying and, therefore, to contents. Where appropriate, their actions would be limited to the execution of the work needed to resolve the issue without using the intervention or the data that could be accessed for other purposes.
MrDomain reports that, pursuant to the provisions of Law 25/2007 of October 18, retention of data relating to electronic communications and public networks, it shall hold and retain certain traffic data generated during the development of communications in order to sell them to the legitimate authorities, legal under the circumstances therein provided.
In cases where MrDomain listed as processor, assumes the obligations under the Data Protection Act states that the purpose and will only process the data according to the instructions of the controller and not be applied or used for purposes other than those collected in the contract to that effect.
In this sense, the customer authorizes MrDomain, in his capacity as manager of treatment, to subcontract to third party storage services and custody of the backup data in cases where this is required, always respecting the obligations under the Data Protection Act and its implementing regulations.
The customer may at any time exercise their rights of access, rectification, cancellation and opposition, recognized by the Data Protection Act. The exercise of these rights may do so by written request to Soluciones Corporativas IP, SLU at the following address: Calle Ses Parres, 21 1 º, Manacor-07500, Illes Balears. Also, will exercise these rights in terms that the current regulations, are available for review at http://www.agpd.es/.
MrDomain not responsible for the breach to the provisions of the Data Protection Act, made by the customer in his party for him and that activity is related to the execution of this contract. So, each party shall not be liable for breach of this rule that, do the other.
The customer states that all information provided by it are true and correct and undertake to keep them updated, communicating, to MrDomain, any amendments thereto. The customer is responsible for the accuracy of their data and shall be solely responsible for any disputes or litigation that might result from the falsity of them.
12.1. The CUSTOMER and/or owner may transfer to third parties rights and obligations under this Agreement without the prior written consent of MrDomain and where to get it, to produce the assignment must, if necessary, with the rules laid by the Registrar responsible for change.
Exclusively for the Domain Name. Mobi, mTLD Top Level Domain Ltd. ("dotMobi"), as authorized .mobi Registry Domain Name is considered a third party beneficiary of this contract. Accordingly, the parties to this Agreement acknowledge and agree that the rights of dotmobi as third party beneficiary, have been granted and that dotmobi their own rights as a third party beneficiary under this agreement, and agreed that either registrar MrDomainauthorized for the .mobi Domain Name. In addition, third party beneficiary rights remain after termination of this contract.
13.1. MrDomain reserves the right to modify, in any case, the characteristics and conditions in providing this service, still in development and benefit of the service itself. To this should not serve more formality than to inform the customer with a notice on-line and/or carry this modification to the terms of the contract and/or send it by email.
13.2. In any case, these services can be modified by the entities ultimately responsible for registration and the CUSTOMER and/or owner accept those changes. On this point MrDomain not acquire any further obligation to inform the customers affected by the changes by posting them on the MrDomain website.
The CUSTOMER, once informed of the modification by MrDomain may terminate the contract if you do not agree with the changed circumstances sufficient for it not to perform the renewal of the Domain Name which is the owner.
14.- LIMITATION OF WARRANTY AND LIABILITY
14.1. In no case, nor MrDomain, nor the corresponding Registries, nor the managers and executives, managers, shareholders, agents or workers dependent on the company liable in any lawsuit directly or indirectly related to the use made by the CUSTOMER and/or the owner use of the Domain Name.
14.2. The owner of a domain name and secondarily our customer, for cases in which both figures do not match, you agree to indemnify, defend, hold free of charge and hold any responsibility both to the relevant Registry and MrDomain as well as its directors, officers, employees, agents, and affiliates from all claims, damages, liabilities, expenses, etc.. including reasonable legal fees and expenses arising from or related to the registration of the domain name owner. This obligation shall survive the termination of the contract.
14.3. The parties acknowledge that the coming into force of this contract does not imply any representation, delegation, warranties or agreements other than those expressly described in this contract, and accordingly, all terms, conditions, warranties or other aspects implied by general regulations or agreements are explicitly excluded to the extent permitted by law.
15.1. If any provision of this Agreement is found void or unenforceable, in whole or in part, by any court or competent authority the remaining provisions, whenever possible, remain valid, unless the parties discretion decide to terminate the contract.
16.- APPLICABLE LAW AND ARBITRATION
16.1. With regard to anything not covered in the present contract, as well as the interpretation and resolution of conflicts that may arise between the parties as a consequence of same, Spanish legislation will be applicable, except for anything that affects the registration and the ownership of the Domain Name wherein the regulations of ICANN and the competent Registry will be applicable.
16.2. Both parties, renouncing their own jurisdictions and for the avoidance of doubt, interpretation or dispute that may derive from the present contract, will submit themselves to equitable arbitration, which will take place within the territory of the Island of Mallorca.
16.3. Wherever reasonably possible, the performance of this contract, will continue during the course of any dispute and/or arbitration or court. If any provision of this Agreement is found void or unenforceable, in whole or in part, by any court or competent authority the remaining provisions shall remain valid, unless the parties discretion decide to terminate the contract.
17.- UNRESERVED ACCEPTANCE OF THE CONTRACT
17.1. This contract is inserted into the MrDomain procurement process services selected by the customer, which specifically accepts all of its contents to enter the business services offered by Soluciones Corporativas IP, S.L.U.
The submit button activation of application for employment through the web MrDomain, gives the "Customer" and expresses the full and unreserved acceptance of the Terms and Conditions of the Services requested in the version put MrDomain electronically available prior to the activation of the submit button of the CONTRACT. The latest version of the Conditions of Contract is in the URL http://www.mrdomain.com/legal/. Before hiring any of the services offered, please carefully read the Conditions of Contract governing the provision of the service you want, including the technical, operational and functional service and fees to pay.
The application for registration of a domain name or any other application relating thereto constitute acceptance and submission by the holder of the domain name of the OBLIGATIONS and RESPONSIBILITIES that are posted on the website MrDomain, and which are available permanently in the URL http://www.mrdomain.com/legal/30/obligaciones-y-responsabilidades-del-titular-de-un-nombre-de-dominio-generico/
It is your responsibility to inform, the holder of the domain, with these obligations and responsibilities incumbent upon it.
The application for the registration of a .es Domain Name assumes the acceptance on the part of the owner of the conditions which must govern the assignation and management of the .es Domain Name (hereinafter the conditions). Said conditions are at the disposal of interested parties on the MrDomain website.
It is the responsibility of the client to ensure that the owner has accepted, prior to formalising the contract, the conditions on the part of the Registering Agent, in this case MrDomain. The client, on acceptance of this contract, manifests and states that he or she has complied with the obligation established in the previous paragraph and is responsible for the consequences and possible claims that non-compliance may entail.
Registering a .cat domain name implies the acceptance by the holder of the Terms and Conditions that govern the allocation and management of the .cat domain name, which are available permanently http://www.mrdomain.com/legal/29/contrato-de-registro-de-nombre-de-dominio-cat/
It is your responsibility that the owner has accepted prior to the recruitment to these Terms and Conditions. The customer, with the acceptance of this agreement, you represent and declare that I have fulfilled the obligation imposed in the preceding paragraph and is responsible for the consequences and potential claims that its failure could create.
The application for registration of a .mx domain name implies acceptance by the holder of the conditions that govern the allocation and management of the .mx Domain Name that are posted on the website MrDomain, which are available permanently http://www.registry.mx/
It is the responsibility of the customer that the owner has accepted prior to the hiring "conditions" by the Registrar, in this case MrDomain. The customer, by accepting this contract, states and states have fulfilled the obligation imposed in the preceding paragraph and be responsible for the consequences and potential claims that its failure could result.
ANNEX V - SPECIAL REGULATIONS
Registering some TLDs Domain names must meet a number of special regulations that can be found on http://www.mrdomain.com/products/domain/ under specific pages of each TLD.
It is the responsibility of CUSTOMER and/or owner of the domain knowledge and meet the following special rules required to register as extensions of Domain Names:
You can register .tel domains 3 to 63 characters consisting of letters of the English alphabet, numbers 0 through 9 and the hyphen (-).
They can not begin or end with a hyphen (-) or contain this character in the third or fourth.
It is not allowed a domain name composed only of numbers must contain at least one alpha character.
.fr and .it domains require additional documentation (ID, CIF, VAT, Trademark, etc.) to accredit the holder of the domain.
.nl domains requires that one of the contacts is resident in the Netherlands.
.fr domains requires domain administrative contact resident in Europe.
.de domains require that the administrative contact for the domain to be domiciled in Germany.
.ca domains require that the holder of the domain is a Canadian citizen, permanent resident in Canada, has a Canadian company, has the trademark in Canada or is an official mark.
.bz, .de, .dk, .it, .nl and .fr domains require that DNS servers are configured previously used for full activation.
.it domains require that the contact holder is resident in a European Union country.
.Asia domains require that a contact is resident in an Asian country.
.com.au, .net.au, .id.au, .org.au and asn.au domains require the owner is Australian contact.
.Pro domains is binding that are linked to the needs of professionals and/or businesses. To activate, the holder of the domain must prove that he is a professional accredited or a recognized entity. The verification shall be certified by the appropriate government entity.
If the data was delivered are not correct, RegistryPro cancel the application and the fee paid is not refundable.
In the case of territorial domains that require residence in the country who will be the same CUSTOMER must provide the contact. If given data are incorrect, the Registry will cancel the domain and the fee paid is not refundable.
ANNEX VI - DOMINITIS
The Dominitis are our chips interchangeable. Created to honor the trust you place in us, work like a point system and can be used as payment for the purchase of certain products at the rates prevailing at the following url: www.mrdomain.com/dominitis
The Dominitis obtained for the purchase of each product/service can be consulted in www.mrdomain.com/products/rates/
The Dominitis will only apply to purchase and/or renewals of services, not being applicable in the expansion of hosting services or promotions or offers point where the price paid is less than specified in paragraph 4.1 of this contract.
It will not be able to move, assign and/or change Dominitis between MrDomain user accounts.
MrDomain reserves the right to change the values in the tables of production and exchange of dominitis at any time.
MrDomain reserves the right to cancel and rescind the dominitis at any time.