Whois Privacy Service Special Conditions

This document contains the General Terms and Conditions for contracting WHOIS Privacy services.

For the purposes of the provisions in Royal Decree 1906/1999, of December 17, which regulates telephone or electronic contracting with general conditions under Article 5.3 of Law 7/1998, of April 13, on General Conditions of Contracting, the CLIENT is informed that these General Conditions can be consulted and downloaded at any stage of the contracting process, for preservation by the CLIENT at the following web address: Disclaimers and contracts.

By providing the CLIENT the actual possibility to download the electronic version of these General Conditions, they will be considered accepted by the CLIENT, and SOLUCIONES CORPORATIVAS IP, S.L.'s duties concerning CLIENT information and, if applicable, confirmation of the contract will be deemed fulfilled.

Identification of the Contract Parties.

ON THE ONE HAND, SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter identified by the trademark "DonDominio"), with N.I.F. number B57333601 and located at C/ Menestrals, 14, 07500 Manacor, Illes Balears, Spain, a Limited Liability Company constituted in Palma de Mallorca before the Notary D. Víctor Alonso-Cuevillas Sayrol, registered in the Mercantile Registry of the Balearic Islands, Volume 2120, Folio 0, Book 173, Sheet PM-50105.

ON THE OTHER HAND, the contracting party (hereinafter "CLIENT"), an individual or legal entity that completes the contracting form and declares to freely know and accept, after being informed of the service and its operation, the present contract.

Both parties mutually acknowledge and fully possess the capacity to oblige themselves in their respective capacities and are interested in formalizing this WHOIS Privacy Service Contract by accepting the terms and conditions established in the following clauses.

1.- DEFINITIONS

• DonDominio: a company dedicated to providing telematics services, primarily specializing in Domain Name registration and web hosting.
• CLIENT: any individual or legal entity that completes the contracting form for the registration and/or transfer of a Domain Name. This person does not necessarily coincide with the holder of the Domain Name in question. In this case, being an intermediary between the Registrar and the holder of the Domain Name, they must inform the latter at least of the obligations they assume by obtaining said ownership concerning the competent registrar.
• Holder and/or Registrant: an individual or legal entity that acquires the right to use the chosen Domain Name granted solely for routing purposes in the Internet Domain Name System during the period stipulated by the Competent Registrar.
• Contract: all the clauses set out in this document, together with the contracting form, as well as any additional information about the particular service contracted, chosen by the CLIENT, which is expressly and updated on the DonDominio website (www.dondominio.com), forming a unitary set that obliges the parties. THE REGULATIONS ESTABLISHED BY THE COMPETENT REGISTRARS (of second or third-level Domain Names under the corresponding extension) WILL BE MANDATORY and may, therefore, condition the manner of service provision by DonDominio; moreover, these regulations will serve to interpret the clauses of this contract in all that affects them concerning Domain Name, registration, transfer, dispute resolution, change of ownership, change of registrar, but will not affect the contractual relationship itself created between DonDominio and the CLIENT.
• Domain Name: a set of characters that, through DNS, identifies an address (IP) on the Internet. A given server can have more than one Domain Name, but a specific Domain Name is only attributed to one server.
• IDN (Internationalized Domain Names): Internationalized Domain Names, with multilingual characters in any language, understood as those different from those included in the English alphabet.
• IDN .es: Internet Domain Names under the country code corresponding to Spain (.es) at the second and third level with multilingual characters, understood as those typical of the Spanish languages distinct from those included in the English alphabet, which are: á, àé, èí, ïó, òú, üñçl•l
• Registrar: registering authority or organization, national or international, public or private, authorized by ICANN to manage Domain Names and publish, through WHOIS, the requested information of the holder, contacts, and DNS of the domains they administer.
  • Information about generic domain Registrars: http://www.icann.org/registrar-reports/accredited-list.html
  • Information about territorial domain registrars: http://www.iana.org/whois
• Registry: entity, public or private, authorized by ICANN that manages and maintains the database corresponding to each Top-Level Domain.
• DNS (Domain Name System): system of Domain Names in the Internet domain responsible for translating Domain Names into IP addresses.
• Billing Contact: individual or legal entity responsible for the payment of the domain to the corresponding Registrar.
• Administrative Contact: individual or legal entity in charge of managing a domain.
• Technical Contact: individual or legal entity responsible for the operation of the domain's Name Servers.
• ICANN (Internet Corporation for Assigned Names and Numbers): a non-profit corporation formed to assume, among other functions, the responsibility for IP address allocation, protocol assignment, Domain Name system management, and servers; in short, ensuring network functionality and stability.
• WHOIS: an interactive public access tool on the Internet that provides information about the ownership, contact details, and availability of a Domain Name or an IP address.
• CLIENT Area: tool developed by DonDominio that is assigned to each CLIENT allowing them, among other actions, to contract and manage their products, view issued invoices, update billing details, access the control panel, and make authenticated requests, ensuring that each order triggers the necessary technical and administrative actions for the required action.
• Login and password: systems that allow CLIENT authentication for access to the control panel via the web and the CLIENT Area, as well as for requesting help and information about the subscribed plan, i.e., a system that guarantees that access to the contracted plans, data, and information is secure, reliable, accurate, and always comes from clients or users authorized for it. DonDominio uses these systems to identify, authenticate, and verify the CLIENT's identity.

2.- OBJECT

2.1. This contract aims to:

• Regulate the CLIENT's conditions of use of the WHOIS Privacy service offered by DonDominio and set the terms and form of CLIENT remuneration to DonDominio.

3.- CHARACTERISTICS OF THE WHOIS PRIVACY SERVICE

3.1.- The WHOIS Privacy service allows hiding the data of all the contacts of the holder and/or the administrative, billing, and technical contacts of a Domain Name under those extensions (Tld's) adhering to the Whois Privacy service, replacing these data with generic data provided by DonDominio.

The contracting of this service at DonDominio will be subject to the prior existence, registration, transfer, or change of registrar of a DOMAIN NAME.

The activation of the WHOIS Privacy service implies that:

• In the DOMAIN NAMES under those extensions (Tld's) adhering to the Whois Privacy service, all data of the holder and the associated administrative, billing, and technical contacts will be hidden, visible when performing a WHOIS.

With the WHOIS Privacy service, the real data of the holder and/or the administrative, billing, and technical contacts associated with the DOMAIN NAME will remain hidden, and instead, the following data will be visible in WHOIS:

• Name. The name of the holder and/or the administrative and technical contacts of the DOMAIN NAME will be replaced with the generic denomination of the service.

• Postal address. The postal address visible in WHOIS will be replaced by DonDominio's postal address.

Correspondence sent to the mentioned postal address will be managed by DonDominio, who, after reviewing it, will destroy anything considered advertising or commercial correspondence without prior notice.

DonDominio will only provide the CLIENT with correspondence related to the DOMAIN NAME that is not considered advertising or commercial. In such cases, where possible, such correspondence will be scanned and sent to the email address associated with the CLIENT's DonDominio account. If the correspondence cannot be sent via email due to its characteristics, DonDominio will inform the CLIENT, who may request that it be mailed, with the CLIENT bearing the cost of shipping.

• Email. DonDominio will use a dynamic redirection system to the real email of the holder and/or the administrative contact associated with the DOMAIN NAME. The email address visible in WHOIS will correspond to an email address generated randomly based on the domain name.

Through this email account, all received emails will be sent to the real email address of the holder and/or the DOMAIN NAME's administrative contact.

• Phone and Fax Number. The phone number will correspond to a voicemail service managed by DonDominio, whereby all communications received through said voicemail or the fax displayed in WHOIS will be sent to the CLIENT's contact address, provided they do not have an advertising or commercial nature, in which case DonDominio will destroy them without prior notice.

3.2. The real data of the holder and the administrative, billing, and technical contacts of the DOMAIN NAME will be stored by DonDominio, and they will be governed by the provisions in the Domain Name Registration Mediation Contract published on the DonDominio website Mediation contract for the Registration of Domain Names.

3.3. DonDominio reserves the right to modify the characteristics and conditions of the WHOIS Privacy Service regulated in this contract. No formal requirement is needed beyond the obligation to publish such modification on its website, notifying the CLIENT through an online notice and/or by email.

The CLIENT, once notified of the corresponding modification, has a period of seven (7) days within which to terminate the contract if not in agreement with the new conditions. However, if this period passes without any contrary communication, it will be understood that they accept the new terms.

3.4. The CLIENT, optionally from the CLIENT Area, may:

• Activate/deactivate the service, which will imply that all data associated with the DOMAIN NAME that has been hidden through WHOIS Privacy will be visible once the CLIENT deactivates the service, and vice versa.

4.- PRICE OF THE SERVICE

4.1. The WHOIS Privacy service is free for any DOMAIN NAME under those extensions (Tld's) adhering to the Whois Privacy service, active and managed at DonDominio.com.

4.2. DonDominio reserves the right to suspend the provision of the contracted service in the event of any incident experienced in the payment of any service/product that the CLIENT has acquired through DonDominio until resolved. If the CLIENT does not proceed with the payment after prior notice and temporary suspension, the service will be definitively canceled due to breach of contract on their part.

4.3. In the event of illicit use of the services provided by DonDominio or hurting the rights of third parties, DonDominio may suspend the provision of the WHOIS Privacy service through the procedure outlined in clause 8.3. bis. of this contract.

5.- EFFECTIVE DATE, DURATION, AND EXTENSION

5.1. This contract will come into effect when the WHOIS Privacy service is activated for any DOMAIN NAME under those extensions (Tld's) adhering to the Whois Privacy service, active and managed at DonDominio.com.

The service duration will have a maximum limit of ten (10) years and under no circumstances exceed the expiration date of the associated domain.

5.2. For each activation/deactivation, no copy of the contract will be sent, and the most current version of the contract, published at Disclaimers and contracts, will always be considered in effect.

5.3. Generally, the contract will remain valid as long as DonDominio manages the DOMAIN NAME associated with the service.

5.4. DonDominio reserves the right to suspend the WHOIS Privacy service in cases where the DOMAIN NAME ceases to be managed by the same CLIENT.

5.5. The contract will not be terminated as long as the CLIENT does not proceed to deactivate the WHOIS Privacy service of the DOMAIN NAME from their CLIENT Area. Deactivation will be automatic and will take place instantly.

6.- RIGHT OF WITHDRAWAL

6.1. In relation to the provisions in Spanish law for consumer and user defense and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, on consumer rights, the CLIENT is informed, and expressly accepts, that given the characteristics of the contracted services and the automated procedures used, there is simultaneity between the service request and the start of contract fulfillment.

In this regard, once DonDominio has commenced the fulfillment of the contract or it has been fully executed, the CLIENT cannot opt for the contract withdrawal provided for in the mentioned rules.

7.- OBLIGATIONS AND RESPONSIBILITIES OF DONDOMINIO

7.1. In its relationships with the CLIENT, DonDominio shall act with due diligence in its commercial activity, loyally and in good faith.

7.2. DonDominio shall not assume any responsibility concerning the correspondence, telephone communications, and/or faxes (hereinafter, communications) sent to the holder and/or the administrative, billing, and technical contacts of the DOMAIN NAME, through the contact means visible in WHOIS, replacing the real data associated with the DOMAIN NAME, pursuant to clause 2.3 of this Contract.

In this sense, the CLIENT expressly waives the right to claim any contractual or non-contractual liability, damages resulting from the loss, delay in receipt, or any other incidents that may arise in these communications.

7.3. Similarly, DonDominio assumes no responsibility concerning possible errors that the dynamic email redirection system offered through this service might cause, except in cases where current legislation provides otherwise.

DonDominio cannot be held responsible for any cause beyond its control that prevents the final reception of the messages at those email addresses.

7.4. DonDominio shall not be responsible for destroying any communications it considers of an advertising or commercial nature. This destruction will be carried out by DonDominio without prior notice.

7.5. DonDominio reserves the right to suspend or block the WHOIS Privacy service whenever such a measure is motivated to:

• Comply with applicable legislation, with the regulations of the corresponding Registries or ICANN, and in compliance with any dispute resolution procedure.

• For breach of the terms and conditions of this contract.

• For unlawful or fraudulent use of the service.

• In cases of suspension or cancellation of the associated DOMAIN NAME, following the stipulations of the General Contract for DOMAIN NAME.

• In those cases where the DOMAIN NAME ceases to be managed by the same CLIENT.

7.6. DonDominio disclaims all liability for the consequences resulting from the lack of operability of the CLIENT's email address or failure to notify the address change, as well as for the lack of information that the CLIENT claims due to their negligence in maintaining this information active.

7.7. DonDominio shall not be responsible for any litigation initiated regarding a DOMAIN NAME with the WHOIS Privacy Service activated. Upon any request for information by a Competent Authority, the WHOIS Privacy service will be automatically deactivated, and DonDominio will provide the requested information.

7.8. DonDominio establishes, in Spanish and English, the contracts for its products. In case of discrepancies, the Spanish version shall prevail.

8.- OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT.

8.1. The CLIENT must comply with all terms and conditions of this contract in the exercise of their professional activity and must act loyally and in good faith.

Specifically, they must comply with the obligation to inform the holder of the associated DOMAIN NAME of the consequences of the activation of the service and obtain their consent in cases where necessary, in instances where they do not coincide with the person or entity identified as the CLIENT.

8.2. By this contract, the CLIENT and/or the person that appears as the DOMAIN NAME holder (whether or not the CLIENT) are subject to compliance with the obligations applicable to them, as stipulated in the General Contract for DOMAIN NAME, which is permanently available to interested parties on DonDominio's website, Mediation contract for the Registration of Domain Names

8.3. The CLIENT shall not use the WHOIS Privacy service contracted and associated with the domain name registration contract contrary to good faith, public order, and current legislation.

8.3. bis. The CLIENT has full responsibility for the content of the domain associated with this service, the transmitted and stored information, its operations, hypertext links, third-party claims, and any legal actions that may arise. In short, the CLIENT is responsible in relation to the laws and regulations in force and the rules related to the Hosting Plan associated with this Whois Privacy service.

Consequently, the CLIENT shall not host content that violates the principles established in Article 8 of the Law on Information Society Services and Electronic Commerce (LSSICE); mainly, those that infringe on human dignity and/or are discriminatory based on race, gender, religion, opinion, nationality, disability, or any other personal or social circumstance.

In the event that DonDominio, on its own or at the request of a third-party rights holder, becomes effectively aware that the content hosted by the CLIENT infringes personality rights, intellectual and industrial property, or any other rights established by law, DonDominio may, by notifying the email provided by the CLIENT for billing, and simultaneously as stated in the shared hosting contract associated with this service, require the CLIENT via the provided email address, to voluntarily remove such content within a maximum period of 24 hours.

In such cases, and after the aforementioned period has elapsed without complying with the requirement, DonDominio will proceed to suspend the shared hosting service immediately, which will not be resumed until compliance with the requirement, and the CLIENT cannot claim for this reason the refund of any amount previously paid as service payment.

8.4. The CLIENT is obliged to maintain the email address provided in the contracting form operational, active, and updated as it constitutes DonDominio's preferred means of communication for the agile and smooth service management requested.

Should the CLIENT wish to change the email address provided in the contracting form as a contact address, it must be done through the CLIENT area, with the appropriate authentication measures for such a request, ensuring that at no time communication between the contracting parties is interrupted. DonDominio shall not be responsible for the consequences resulting from the non-operability of the CLIENT's contact email address or the failure to communicate the unupdated address change, as well as for the lack of information claimed by the CLIENT due to their negligence in keeping this information active.

8.5. The CLIENT is solely responsible for using and preserving the CLIENT Area Login and password since they are the necessary identifiers for access to this tool, allowing DonDominio to authenticate the CLIENT's access and facilitate permission for requested actions. The use of these identifiers and any communication, including to third parties, occurs under the CLIENT's sole responsibility.

8.6. The CLIENT acknowledges that activating the WHOIS Privacy service does not exempt them, in case they are the DOMAIN NAME holder, from fulfilling the corresponding obligations to a domain name holder.

If the CLIENT is not the DOMAIN NAME holder, they commit to convey the mentioned obligations to the said holder.

8.7. Regarding the communications addressed to the holder and/or administrative, billing, and technical contact of the DOMAIN NAME, received by DonDominio according to the specifications in clause 3.3, the CLIENT must obtain authorization from the DOMAIN NAME holder for their receipt, as well as for their opening, management, and/or destruction by DonDominio.

8.8. The CLIENT is responsible for conveying all communications sent by DonDominio to them by any means concerning the DOMAIN NAME to the DOMAIN NAME holder.

8.9. The CLIENT authorizes DonDominio to review the communications content received in relation to the DOMAIN NAME and to destroy any considered commercial or advertising.

In this regard, the CLIENT consents and acknowledges that DonDominio's own criterion will determine the commercial or advertising nature of such communications, waiving the right to claim any liability arising from it.

8.10. Communications received at DonDominio's postal address, which cannot be sent to the CLIENT's contact email address, will be mailed, with the CLIENT bearing the shipping expenses.

8.11. The CLIENT shall indemnify DonDominio for any expenses incurred owing to a case attributable to the CLIENT, including DonDominio's lawyers' fees and expenses, even in the case of a non-final judicial decision.

8.12. Communications between the CLIENT and DonDominio's staff must maintain proper form and politeness.

8.13. The CLIENT authorizes DONDOMINIO to act as DA (Designated Agent) with ICANN to facilitate the necessary changes in ownership to activate and deactivate the Whois Privacy service.

9.- FORCE MAJEURE

9.1. Neither party shall be liable for breach of its contractual obligations if said breach results from a cause of Force Majeure.

10.- TERMINATION

10.1. The contract will terminate when, in addition to the legally established causes and the provisions in the different clauses of this contract, any of the following occur:

• Mutual agreement of the parties.
• Conclusion of the initial term of the contract or subsequent renewals.
• Termination due to breach by one of the parties of the obligations derived from the Contract.
• In case of termination of the General Contract for DOMAIN NAME applicable to the DOMAIN NAME associated with the service object of this Contract.

If the CLIENT's breach causes contract resolution, DonDominio reserves the right to terminate the contract early, thus depriving the CLIENT of the service without prior notice, without entitlement to compensation or any refund.

10.2. In case of contract termination for the aforementioned or any other admitted causes in law, the CLIENT shall fulfill their obligations to DonDominio and third parties incurred before the contract resolution.

11.- INTELLECTUAL PROPERTY

11.1. DonDominio owns all intellectual property rights or any other necessary rights for the commercialization of the contracted product.

11.2. The CLIENT must respect any third-party usage programs made available by DonDominio, even if they are free.

11.3. The CLIENT, pursuant to this contract, acquires no rights or license over the contracted product, except for the rights and licenses necessary for compliance with this contract and only for its duration.

11.4. For any action exceeding contract compliance, written authorization from DonDominio is required.

12.- CONFIDENTIALITY

12.1. All information or documentation that either party provides to the other during the development and execution of this contract will be considered confidential and exclusive to the providing party, and shall not be communicated to third parties without their consent.

12.2. Excluded from confidentiality are any information disclosed by the party possessing it, information that becomes public, information that must be disclosed according to laws or a judicial decision or authoritative act, and information obtained by a third party not under any confidentiality obligation.

12.3. This confidentiality obligation persists until two (2) years after this contract ends. Neither party acquires any right over any confidential information or proprietary rights of the other party due to this contract.

13.- ASSIGNMENT

13.1. The CLIENT and/or holder cannot assign to third parties the rights and obligations arising from this contract without prior written consent from DonDominio, and in case of consent, compliance with the regulations stipulated by the competent Registrar for the corresponding change must occur if necessary.

14.- AMENDMENTS

14.1. DonDominio reserves the right to modify, in any way, the characteristics and conditions in providing this service, always to develop and improve the service itself. No formality other than notifying the CLIENT with an online notice and/or incorporating this modification into the contract clauses and/or notifying via email is required.

14.2. In any case, these services may be modified by the competent entities for their registration, and the CLIENT and/or holder accept these changes. Regarding this point, DonDominio has no more obligation than to inform the affected CLIENTs of the changes by posting them on the corresponding page for this service on DonDominio's website.

14.3. Once DonDominio communicates the modification, the CLIENT may terminate the contract if they disagree with the new conditions; all that is needed is not to renew the Domain Name for which they are the holder.

15.- LIMITATION OF WARRANTY AND LIABILITY

15.1. In no event shall DonDominio, the corresponding Registries, or its directors, officers, administrators, shareholders, agents, or employees incur any liability for direct or indirectly related causes stemming from the CLIENT's and/or holder's use of the Domain Name.

15.2. The Domain Name holder and, secondarily, our CLIENT, in cases where both figures do not coincide, commit to indemnify, defend, hold harmless, and exempt DonDominio and the competent Registry, including its directors, officers, employees, agents, and affiliates from all claims, damages, liabilities, expenses, etc., including reasonable legal fees, generated or related to the registration of the holder's Domain Name. This obligation will remain in force upon contract termination.

15.3. The parties acknowledge that the implementation of this contract does not imply any representation, delegation, warranty, or other agreements not expressly described in this contract, and accordingly, all terms, conditions, warranties, or other aspects implied by agreements or general regulation, are explicitly excluded to the extent permitted by Law.

16.- NULLITY

16.1. If any provision of this contract is declared null or without effect, in whole or in part, by any court or competent authority, the remaining provisions, where possible, shall remain valid unless the parties discretionarily decide to terminate the contract.

17.- APPLICABLE LEGISLATION AND COMPETENT COURTS

17.1. The agreements and clauses comprising this Contract will be interpreted and governed by Spanish Law. Specifically, it will be applicable as established in Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in the development of Article 5.3 of Law 7/1998, Law 26/1984 General for Consumer and User Defense, Law 7/1996 on Retail Trade, and any applicable legal provisions, except insofar as the registration and ownership of a Domain Name is concerned, where ICANN's regulations and the competent Registry will apply.

17.2. The Competent Courts to resolve any dispute between the parties regarding this contract will be those designated by applying the Spanish and Community jurisdictional competence rules. In case the CLIENT is a legal entity or a professional, the parties expressly submit to the courts of the island of Mallorca.

17.3. If it is reasonably possible, the fulfillment of this contract will continue during any disagreement and/or arbitration or court proceedings. If any provision of this contract is declared null or void, in whole or in part, by any court or competent authority, the remaining provisions will remain valid unless the parties discretionarily decide to terminate the contract.

18.- EXPRESS ACCEPTANCE OF THE CONTRACT

18.1. This contract is inserted into the contracting procedure of the services selected by the CLIENT from DonDominio, whereby its entire content is expressly accepted upon subscribing to the services of the company Soluciones Corporativas IP, S.L.

18.2. Activating the send button of the contracting request through DonDominio's website confers the status of "CLIENT" and implies full acceptance without reservation of the Contracting Conditions of the requested Services in the version provided electronically by DonDominio before the activation of the contracting submit button. The latest version of the Contracting Conditions is found at Disclaimers and contracts. Before contracting any of the Offered Services, read carefully the Contracting Conditions that govern the service provision you desire, including the technical, operational, and functional characteristics of the Service, as well as the rates payable.