Terms and Conditions of Use for the DonDominio / MrDomain Application Programming Interface (API)

Terms and Conditions of Use for the DonDominio / MrDomain Application Programming Interface (API)

These Terms and Conditions of Use for the DonDominio / MrDomain API ("API Conditions") establish the clauses and terms of use for the DonDominio / MrDomain API.

The DonDominio / MrDomain API is a service that belongs to Soluciones Corporativas IP, S.L., (hereinafter, DonDominio / MrDomain) and which is provided online via the website www.dondominio.com / www.mrdomain.com and is made available to third parties for them to use the application. By accessing and interacting in any way with the DonDominio / MrDomain API, you accept the Terms and Conditions established herein.

If the individual ("licensee," in this case) who is going to use the DonDominio / MrDomain API does not accept these Terms and Conditions, he/she is not authorised by DonDominio / MrDomain to use the API.

DonDominio / MrDomain reserves the right to modify, at any time and with maximum notice of 10 days, the Terms and Conditions established herein. The most recent version of these Terms and Conditions may be found at the following address: Terms and Conditions of Use for the DonDominio / MrDomain Application Programming Interface (API).

Prior Registration.- If you wish to use the DonDominio / MrDomain API, you first must register or be an end client of DonDominio / MrDomain. To do so, you must complete the DonDominio / MrDomain API access form and supply us with the proper contact information. Said form is available on the DonDominio / MrDomain Website (the "Registration Form"). By registering with DonDominio / MrDomain and/or using the DonDominio / MrDomain API, You expressly accept your obligation to comply with these API Terms and Conditions, as well as the revised or new versions published on www.DonDominio.com / www.MrDomain.com or made known by DonDominio / MrDomain through other means. DonDominio / MrDomain reserves the right, at its sole discretion, to reject or deny your registration.

Access to the DonDominio / MrDomain API.- In order to make requests to the DonDominio / MrDomain API, it is absolutely necessary to have a DonDominio / MrDomain client account and be authenticated as a user of the Service.

In addition to the foregoing, the user must possess, at minimum, five (5) active domains accessible through his/her client account, or satisfy –in advance– payment of the amount of fifty (50) euros which will appear as credit in the client account of the individual who wishes to use the API.

Usage Licence.- DonDominio / MrDomain grants the licensee a licence under the framework of the Consolidated Text of the Spanish Intellectual Property Act. The licence is non-exclusive, non-transferable, non-sublicensable and revocable, for a worldwide geographic scope, to use the DonDominio / MrDomain applications and materials provided by DonDominio / MrDomain (termed “API” herein) for the normal management of a portfolio of domains (registration, transfer, queries, modifications, etc.) and other services (SSL certificates, webhosting plans, etc.).

Use of the API for reiterative –or mass-scale– queries with a commercial nature ("big data" queries) is not permitted and may bring about the loss of your licence and your permanent blocking to API access. This licence does not grant any type of right in regard to version improvements or updates nor does it guarantee the API's continued availability.

This licence does not cover, nor does it permit, commercial use of the API, its distribution or its re-sale; nor does it permit access to the Service by a third party in any way, the compiling or usage of the information obtained through the API to undertake direct marketing, the sending of spam or other unwanted correspondence, the use of the API in a way which is contrary to current legislation, the carrying out of reverse engineering or attempts to obtain unauthorised access to the API, the use of the API to introduce viruses, software crashes, worms, Trojans or other devices or codes into our system with the aim of deleting, deactivating or interfering or damaging in any way any type of software, programme, data, device, system or service – this includes the introduction of devices or codes designed to provide unauthorised access or make unauthorised modifications.

Use

1. Limits on API calls.- There is a limit of subsequent connections per IP and/or query-per-hour ratio for some commands, which shall be set by DonDominio / MrDomain at all times. DonDominio / MrDomain can limit, at its own discretion and without prior notice, the number of API queries that the licensee can make at any given moment. DonDominio / MrDomain shall determine these limits depending on technical factors such as the application’s usage volume or the load that the servers may be undergoing at any given time. The user must respect said ratios to avoid poor overall functioning of the system.
2. Effective use of the API.- The user hereby agrees to make effective use of the DonDominio / MrDomain API under the Terms and Conditions herein. Not using the API for a timeframe of 12 months, or using it solely with the aim of obtaining data (availability queries or WHOIS) during said period without having registered, renewed or transferred any domains may result in DonDominio / MrDomain warning the user on his/her failure to effectively use the Service. After this warning, and in the event that the user continues not making effective use of the API, DonDominio / MrDomain may proceed to disable API access. Said definitive disabling shall not bring about the return of any monies which may have been previously paid to DonDominio / MrDomain for API use.

It is expressly prohibited to use the DonDominio / MrDomain API for purposes which go against the law, ethics and morals or public order, as well as to carry out any action which may cause losses and/or damages for DonDominio / MrDomain, or for said entities' users or third parties. The user may not use the DonDominio / MrDomain API for directly or indirectly breaking or violating any intellectual property laws or rights. This includes Spanish intellectual property laws and rights as well as those of other countries.

Purposes or Aims (API functionality).- Use of the API is aimed at normal management of a portfolio of domains (registration, transfer, queries, modifications, etc.), as well as management of other services which DonDominio / MrDomain offers to its clients (SSL certificates, webhosting plans, etc.)

Use of the API for reiterative –or mass-scale– queries with a commercial nature ("big data" queries) is not permitted and may bring about your permanent blocking to API access.

Effectiveness of the Commands Undertaken through the API.- Use of the DonDominio / MrDomain API by the client implies that all the commands/actions undertaken by the client through said API shall be executed by the DonDominio / MrDomain systems in real time as if said actions/commands were processed on the DonDominio / MrDomain website. Therefore, they cannot be annulled once executed.

Instructions or queries for information made through the API shall be executed by DonDominio / MrDomain regardless of who orders them. As a result, the client shall be the sole party responsible for the actions or instructions carried out via the API in relationship with the domains managed by the client. Therefore, the client must safeguard his/her own systems to avoid unauthorised access, intrusion or third-party use which could compromise the management of his/her domains as well as the integrity of the DonDominio / MrDomain systems.

In this sense, the client shall be responsible for taking the necessary security measures to impede API access by third parties without his/her authorisation and to protect the security and integrity of his/her access credentials.

Intellectual and Industrial Property Rights.- DonDominio / MrDomain is the owner of all rights over the Service. This includes the API, the technology and software we use to provide the API and the Service. All trademarks, logos, icons, graphics, designs, text or other Service contents are owned by us or those who grant us licences and are protected by author rights, trademark rights and other intellectual property rights.

API access does not authorise the customer to use the logotype and/or trademarks of DonDominio / MrDomain, nor those of the Registries or associated companies without the express, written consent of DonDominio / MrDomain and/or the third-party companies which own said marks/brands.

Limit of Liability.- DonDominio / MrDomain shall not be liable for any direct, indirect, derived or secondary damages except for damages which are directly attributable to DonDominio / MrDomain.

The client hereby agrees to hold free and harmless (as well as to indemnify) DonDominio / MrDomain, said entities' affiliates, agents and employees, advertisers or partners, in relationship with any claim made by a client or a third party which arises as a result of the use of the DonDominio / MrDomain API. This includes any claims or costs in relationship with complaints, losses, damages (present or derived), suits, procedural costs and professional fees of any type and nature.

Guarantees.- DonDominio / MrDomain guarantees its ownership of the API. DonDominio / MrDomain guarantees proper functioning of its API provided that it is correctly used and installed by the client following DonDominio / MrDomain's instructions. DonDominio / MrDomain does not guarantee that the DonDominio / MrDomain API will be reliable, exact, complete or valid in all cases.

DonDominio / MrDomain does not guarantee the reliability, preciseness and quality of the products, services, information or any other materials obtained through the DonDominio / MrDomain API.

The DonDominio / MrDomain API is provided "as is." DonDominio / MrDomain expressly disclaims any type of guarantee, whether express or implied. The client uses the DonDominio / MrDomain API at his/her own risk and exclusive responsibility. The client shall be the sole liable party for any damages caused through the use of the DonDominio / MrDomain API, including, amongst others, any losses and/or damages to information on his/her computer equipment.

Duration and Termination.- These Terms and Conditions of Use shall take effect at the moment when the application's author uses the DonDominio / MrDomain API for the first time and they shall remain in effect until termination is brought about by either of the parties.

DonDominio / MrDomain may, at any time, modify, suspend or terminate the application of these Terms and Conditions of Use and, therefore, the availability of the DonDominio / MrDomain API. Likewise, DonDominio / MrDomain shall have the right, at its own discretion, to terminate, at any time, the application of these Terms and Conditions of Use for a specific user.

Either party may terminate these Terms and Conditions of Use at any time and for any reason.

Language.- The entire text of these Terms and Conditions of use has been drafted in Spanish and English, with both versions of the text being considered official. The Spanish version of the text takes precedence over the English version for matters of interpretation of these Terms and Conditions.

Applicable Law.- These Terms and Conditions of Use, as well as the relationship between the client and DonDominio / MrDomain, shall be guided by, and interpreted in accordance with, Spanish laws. In the event of a claim, suit or disagreement in relationship with the application or the interpretation of these Terms and Conditions of Use, both parties, waiving any other jurisdiction which may be of application, hereby agree to submit the disagreement to the exclusive jurisdiction of the Courts of the city of Manacor (Mallorca).