Domains and Hosting

General Contracting Conditions for hosting services and domain registration

 

This agreement regulates the general contracting conditions for the various services provided on this website, and specified on the different pages that specify the details of the product, through its website www.profesionalhosting.com, so that the When the user completes the registration process and contracts a service through this web page, he accepts and expressly submits to the clauses specified below.

CONTRACTING PARTS

On the one hand, the company Soluciones Web On Line, SL (hereinafter, Profesional Hosting), with address at El parador de Roquetas de Mar, 04740 (Almería), Calle Hermanos Machado, nº19, with CIF nº B-04437729, registered in the Mercantile Registry of Almería (hereinafter Profesional Hosting), in Volume 748 Book 748, Folio183, section 3; url www.professionalhosting.com

And on the other hand, the CLIENT, whose data you provide us through the forms or email that Profesional Hosting makes available to you through this web page, to proceed with the contracting of the freely chosen service. The CLIENT declares that the information provided is true, truthful, current and that he provides it himself.

CLAUSES

FIRST. - Definitions:

Client area : User account on the Profesional Hosting platform where the client's profile and the services contracted by him and other information and documentation related to them appear.

Profesional Hosting: duly constituted company whose identity appears in the header data, dedicated to the provision of telematic services, basically specialized in hosting web pages and registering domain names, and that complies with all the legal requirements necessary to carry out carry out the activity covered by this contract.

Client: all that entity, organization, with or without legal personality, natural or legal person that has registered and contracted, whether or not they have been charged yet, by completing the form provided for that purpose on the pages published in the url www.profesionalhosting .com.

Contract: Agreement that regulates the rights and obligations of the reservation contract, acquisition, maintenance and renewal of an Internet domain entrusted to Profesional Hosting, as well as in relation to web hosting services in their multiple web or script possibilities.

Domain name: set of characters that identifies a site on the Internet network with an address (IP).

IP (Internet Protocol): set of rules that regulate the transmission of data through the network.

Services: Services offered on this website, and specified on the various information pages of this website.

Hosting: Server storage space managed by an operating system and its applications chosen by the client according to the particular contractual options offered, which can be exclusive or shared, which allows remote access to be served to users through the use of a client navigation, FTP, RSS or similar computer solutions, associated or linked to one or more domain names owned by the client.

Redundancy and continuity of service : Security measure by which a failure is detected in the main system that prevents a service from running correctly or is directly inaccessible. In such a case, a parallel alternative system will be activated, generally another server, which will replace the main one to continue providing the contracted service, for the necessary time until it is restored.

Servers: Computers integrated by Software and Hardware provided by Profesional Hosting to provide hosting service, specialized in providing remote access, managed by an operating system where the data, applications and information configured by the CLIENT are hosted and stored and that are capable of attending requests from other programs, and return a response accordingly.

Shared hosting: The hosting services described in this contract are offered through the shared hosting system on PROFESIONAL HOSTING servers, so that various web pages from different clients are hosted on the same server, although individually compartmentalized and secured.

Resources and Applications: Technical and computer programming characteristics that allow managing the different services that the CLIENT contracts.

Login and password: Computer security systems that allow the CUSTOMER to be identified, authenticated and verified, for access to the contracted services in a safe, reliable manner.

SECOND. - Object:

The purpose of this agreement is to regulate the rights and obligations of the parties regarding the services contracted by the CLIENT that are identified below and in the final annexes.

Hired services:

1. Shared hosting.

• Shared hosting plans managed by Linux and Windows operating systems.

• webbuilder.

• Host script.

2. Domain registration and renewal.

THIRD. - Price, conditions and forms of payment:

Price:

• In consideration for the contracted services, the CLIENT is obliged to pay Profesional Hosting the price published on the page of the corresponding contracted product within the web located at the url www.profesionalhosting.com , plus the Value Added Tax (VAT) even if it is not published on the corresponding page.

• The prices may be subject to periodic updating and the client accepts it by renewing his contract expressly, tacitly or by simply continuing to use the service for a new period. However, Profesional Hosting will notify the CUSTOMER of the price change at least 48 hours in advance.

• However, Profesional Hosting will previously inform the CLIENT of this variation in the price, before renewing the service for a new period.

• The price will be paid for the full amount of the corresponding period, even if the period of use of a month of service has not been exhausted, if when the CUSTOMER gives up a new month of use of the service has already expired.

Conditions:

• The payment must always be prior to the provision of the service, for which Profesional Hosting will not provide the requested service until the moment in which it has received the payment of this and is authorized by the CLIENT to suspend the service that has been enjoying in case of non-payment or return of receipt regardless of the cause that originates it or the imputation of responsibility to a third party.

• Requests for services made through transfers, which are not paid within 30 days, will be cancelled.

• The CUSTOMER is informed when contracting that the purchased service is subject to a specific data transfer limitation. In the event that the CLIENT exceeds the monthly amount of contracted data transfer, you must pay Profesional Hosting the additional amount regulated in the particular conditions published in force on the page of the product or service contracted by the CLIENT located at the url www.profesionalhosting .com , which corresponds according to the excess of data transfer actually carried out in relation to the contracted service.

• The payment of the added services, if any, will be billed separately from the price of the chosen service and will also be paid monthly.

Way to pay:

• The payment of the services will always be paid in advance, through bank transfer to the account that will be indicated if you choose this option, by charging the credit card provided by the CLIENT, and certain services may be paid by bank receipt. . The conditions will be those indicated when this payment method is chosen. The bank refund for reasons attributable to the CLIENT, will imply the payment of the expenses charged by the bank.

QUARTER. - Start, duration, renewals and change of plans

Beginning: The present contract will be perfected when requesting the contracted service but it will be consummated only when Profesional Hosting activates it after receiving the payment of the service selected by the CLIENT. The provision of the requested service will begin 48 hours after receiving the payment. The CLIENT will be notified that the service has been activated, by means of an e-mail that confirms it, sent to the address provided by the CLIENT when registering in the system and subscribing to the service.

Duration: The hiring of domain hosting and management services will have a duration of ONE MONTH, renewable month by month. In the case of domain management, the payment of the license to the domain registrar is for ONE YEAR and cannot be returned for the period not used if the domain use reservation is canceled beforehand.

Renewal: The contract will be understood to be tacitly renewed for the same periods as those contemplated in this agreement once payment has been received from the CLIENT and unless the CLIENT requests cancellation from the client area 15 days before the end of the contracted period, their willingness to not extend it. All this without prejudice to the provisions for the case of credits in the event of cancellations of service due to extension of the contract that is provided for in the "cancellations" section regulated below.

Extensions: The CLIENT will be able to request Profesional Hosting the contracting of new services or changes of those that it has contracted, being these subject to the provisions regulated in the present contract and will be invoiced in accordance with the prices stipulated in the product page enabled in the url www.profesionalhosting.com for the type of service to which you are requesting to change.

Changes in the type of contracting of the subscribed services, will be requested at the address [email protected] or by phone/fax +34 911 401 900.

Cancellations: In the event that the CLIENT cancels the contracted service in advance, they will not be entitled to a refund of the amount paid. You will only be entitled to a credit for the amount of the unused service, in the event that you make any extension or change with respect to the contracted service of greater amount, in which case it will be deducted from the price of the new service.

FIFTH. - Modifications

• PROFESIONAL HOSTING reserves the right to modify in any way the characteristics and conditions of its services.

• Profesional Hosting will communicate to the CLIENT any modification or change of its services, reserving the CLIENT the possibility of rescinding the contract, within a period of 15 days from the communication, if it were not in agreement with the changes that are going to be made. After the stipulated term, Profesional Hosting will understand that you accept the changes and renew the contracting of the service for successive periods.

• In the event that the CLIENT is not in agreement with the modifications communicated by Profesional Hosting and decides to rescind the contract, he must comply with the obligations assumed prior to the resolution.

SIXTH. - Obligations of Profesional Hosting

• Provide the contracted services under its sole responsibility and with the utmost diligence, complying with the conditions and technical specifications contained in this document and its annexes.

• Take care of the maintenance of the facilities necessary for the operation of the network, and have adequate technical and computer equipment for this purpose.

• Additional services such as the acquisition of domain names, or any that may be agreed upon by both parties, will be specified differently in separate proposals and will require mutual acceptance.

• Deliver to the CLIENT all the technical and functional information necessary for the development of the hosting of the contracted service.

• By virtue of the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce, referring to the duty of collaboration with the competent bodies, the contracted service will be suspended when requested by the judicial or administrative body that will do so. require. Likewise, if Profesional Hosting is aware that punishable actions are being committed or that violate the fundamental rights of third parties, it may interrupt the service in its case and, in the event of signs of a crime, it may inform the competent authorities.

• In compliance with Law 34/2002 (LSSICE), it will retain for 12 months (when the conditions are regulated) all the data necessary to detect the origin of the data hosted and at the time the provision of the service began, which as a hosting service provider host on their servers.

• Comply with all the obligations arising from this contract.

• In the event of domain registration, PROFESSIONAL HOSTING:

1. It informs that the contracted domain reservation service does not commit PH to guarantee that it is available or approved by the Internet domain name registration authorities in advance, so that the contracting includes the management to find out, given that there could even be the case of a parallel registration by third parties prioritizing that of the CLIENT while their reservation is being managed.

2. It is exempt from any responsibility derived from possible failures in the processing of the domain name caused by the entities and organizations involved in the registration process, as well as those derived from force majeure.

3. You will not be able to mediate or take responsibility in the event of disputes that the requested domain name may bring in the future.

4. In any of the cases, PH will never compensate or pay any penalty whose amount exceeds the total amount paid for the service provided under this contract.

5. To facilitate the assurance of domain rights, PH will understand that the CLIENT wishes to renew it for another period if the CLIENT has not expressly expressed its refusal in writing 30 days prior to the renewal date.

SEVENTH. - Obligations of the CLIENT

• Comply with all the obligations arising from this contract, especially those related to the price and stipulated payment conditions.

• Use the contracted service in good faith, without violating the laws in force in any matter or infringing the rights of third parties.

• Properly maintain the computer devices necessary to guarantee efficient use of the service provided, exonerating Profesional Hosting from any responsibility regarding the performance of the CLIENT's computer equipment.

• Make good use of the connections, committing to avoid any type of action that could damage the systems, equipment or services accessible directly or indirectly by Profesional Hosting.

• Save a backup of the files, databases and in general all the information that can be stored in the services contracted by the client to PROFESIONALHOSTING, in order to restore the system if necessary.

• Control the size of the data transfers carried out so that it does not exceed the contracted limit.

• If Profesional Hosting detects an abusive use of the service or that its use implies a slowdown or poor functioning of the server or that harms third parties, whether they share said server or not, it will have the power to interrupt the service contracted by the CLIENT temporarily until the CLIENT resolves the problem, incident or anomaly reported by PH, to its complete satisfaction.

• The use of the service for purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming , data mining, dissemination of viruses (Trojans, worms, etc.), or any other type of activity carried out with sabotaging intent is strictly prohibited. , fraudulent or criminal. Failure to comply with this obligation will entitle PH to suspend the service until the cessation of said irregular use is fully accredited.

• Be responsible for the content of your website, as well as the information transmitted and stored and the hyperlinks it contains. The CLIENT is solely responsible for the claims of third parties regarding its website, and for all legal actions that may result from the publication and use of its website, leaving Profesional Hosting exonerated from any liability.

• The CLIENT will indemnify Profesional Hosting, for the expenses that it had to assume as a result of any action whose responsibility was attributable to the CLIENT, including the fees and expenses of lawyers, attorneys, experts, court fees and any other proceedings, even in the event of a non-final court decision.

• Do not access, modify, view the configuration, structure and files of Profesional Hosting servers.

• The client must provide PROFESIONALHOSTING with their true data and keep them updated, either from the forms that exist on the website or from email and fax.

• In the event of domain registration, the following obligations will apply to the CLIENT:

1. It expressly acknowledges its responsibility regarding the choice of the domain name, its maintenance, renewal and that it must apply due diligence with respect to the registration it carries out, which, in any case, must be done for legal purposes.

2. It expressly exonerates PROFESIONALHOSTING from any responsibility regarding damages to third parties that may be a consequence of the inappropriate use of the contracted service or of the direct breach of this contract.

3. It is responsible for ensuring that the registration and use of the domain name granted does not violate or affect the intellectual and industrial property rights of third parties and assumes any responsibility for any problems that may arise regarding the rights to use the registered domain name. You acknowledge that you have a duty of due diligence to prevent, as far as possible, its conflict with distinctive signs of third parties that could affect and have priority, where appropriate, over the chosen domain.

4. You accept that the registration and use of the domain name is subject to the policies of use and resolution of disputes related to communications on the Internet, controlled and approved by the competent bodies for the registration of domains. By virtue of this, you agree to accept and comply with the rules, regulations and conditions established by these organizations, as well as to accept any arbitration requirement regarding the registration and use of the assigned domain.

5. You must comply with and know the current regulations required by the body that regulates the domain extension you request. PROFESIONALHOSTING is not responsible for the breach of the specific regulations of the domain extension by the client or for his legal ignorance.

6. In the specific case of ".es" domain registration, you also accept the regulated particular obligations that are published at:
   http://www.profesionalhosting.com/contratos/contrato-dominios-es.html

7. In the specific case of domain registration of an extension managed by ICANN, in addition, the regulated particular obligations that are published at:
   https://www.icann.org/resources/pages/transfer-policy-2016-06- 01-in

EIGHTH. - Intellectual and Industrial Property

• PROFESIONAL HOSTING is the owner of any rights or has the necessary licenses of use over them, with respect to all hardware, software, operating manuals, associated documentation, procedures and any other right related to the services contracted, supplied or made available to the CLIENT. The latter, therefore, does not acquire any rights over all of this, except for the rights and licenses that derive from this agreement and only during its term.

• Each party may not use, except with the prior written consent of the counterparty, the denomination, trade name, logos, distinctive signs or trademarks of the counterparty outside of the assumptions regulated in this contract, nor may they use them or use the acceptance of any offer of services, nor the subscription or execution of this Contract, nor the provision of the services referred to in them, as a reference for the acquisition of new clients or attracting business or to maintain a certain level of professional standing.

• The CUSTOMER undertakes to indemnify PROFESSIONAL HOSTING for any third-party claim to which it is obliged, in cases where the infringement underlying said claim derives from the use of the equipment or software by the CUSTOMER in conjunction with another device or software not provided by PROFESSIONAL HOSTING.

NINTH. - Confidentiality and Protection of personal data

Confidentiality:

• All the information that the parties transmit during the execution of this contract is confidential.

• Both parties undertake to keep said information as such, adopting all the appropriate measures necessary to guarantee that only those authorized persons will have access to said information to carry out the contracted activity.

• Confidential information, including the content of this contract, may not be disclosed to outside third parties neither during the term of this contract nor at the end of it. Each party agrees not to make copies, disseminate, communicate, lend or otherwise reproduce, disclose or disclose the Confidential Information to any third party, nor to publish it or in any other way, either directly, or through third parties or companies, make it available to third parties, without the prior written consent of the Client, for uses or purposes necessary for the execution of the services object of this Contract.

• The Confidential Information will be treated confidentially by each party and will not be disclosed by any party, in whole or in part, directly or indirectly, to third parties, under any circumstances, except with the prior written consent of the counterparty. In particular, each party undertakes to adopt the necessary measures to prevent unauthorized third parties from accessing the Confidential Information and to limit access to it to authorized employees or collaborators, if applicable, who need to have it for the performance of the service, transferring the same obligation of confidentiality.

• The obligations established for each party in this Agreement will also be mandatory, if applicable, for their employees, collaborators, both external and internal, subcontractors, lawyers and auditors, for which each one will respond to the other if such obligations are breached by such employees, collaborators, subcontractors, lawyers and auditors. Each party undertakes to obtain from its external collaborators or subcontractors authorized by the Client a written commitment in identical terms to those stipulated in this Agreement with respect to the Confidential Information held by them.

• Nothing in this Agreement grants any party a right or title to or any other right in the Confidential Information, except for the rights of use provided in this Agreement and with the limitations indicated in this Agreement.

• The obligation of confidentiality will not apply and, therefore, information that is or is accessible to the public for reasons other than breach of the obligation of confidentiality by each party will not be considered Confidential Information; that has been published prior to the date of this Agreement; that is already in the legitimate possession of the party and is not subject to a confidentiality agreement between the parties, provided that this fact is disclosed to the other party prior to the time of disclosure; that it is received through third parties without restrictions and without implying a breach of any legal or contractual obligation of the third party;

• The disclosure of Confidential Information that responds to compliance with a judicial or administrative order will not be subject to the obligation of confidentiality provided herein, and provided that PH has received the corresponding order and previously informs the Client in writing about the obligation to proceed. to said revelation.

• The duration of the confidentiality obligations established in this Agreement will be indefinite, remaining in force after the termination for any reason, of the relationship between both parties.

Personal data protection:

• Clause of information to the client as owner of personal data about their privacy rights:

  1. Both parties, in relation to the personal data contained in this contract, are deemed notified as regulated below.

  2. Each party acts as RESPONSIBLE FOR TREATMENT with respect to the personal data of each intervening counterpart. The data of PH as Responsible for the Treatment appear in these contractual conditions, those of the CLIENT appear in their CLIENT area.

  3. The purpose of data processing is to comply with this contract.

  4. The legitimacy for the treatment of the data has its origin in this contract.

  5. No data will be transferred to third parties except legal protection, consent of the interested party or the necessary Treatment Managers. In any case, the personal data supplied will not be applied or used for a purpose other than that which appears in this contract, nor will it be communicated or transferred to other people, without the prior written authorization of the CLIENT, except in the case of communication of the personal data to the authorized bodies for Internet domain registration (Icann, Enom, NameSRS, Nic.es and Registrar.eu) in order to carry out the requested domain name registration, and appear in the database Whois that regulates these organisms and where all the holders of the domains registered at present are listed. In any case,

  6. The owners of the data may exercise the following rights:

     • Obtain confirmation as to whether or not your data is being processed.

     • The rectification of data in legal cases.

     • Request the deletion of data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

     • Require the limitation of your treatment in certain circumstances; in which case, they will only be kept for the exercise or defense of claims.

     • Oppose its treatment, in certain circumstances or whenever its treatment is not covered by compelling legitimate reasons of the DATA CONTROLLER or for the exercise of or the defense of possible claims.

     • Insist on the portability of your personal data.

  7. The effectiveness of the rights indicated in the previous section will be conditioned, in any case, to the subjection of such rights to the other legal norms that may be concurrent and applicable in the legal situation affected by the right exercised in each case.

  8. Said rights will be exercised by the owner of the data by means of a written request, attaching a copy of the National Identity Document, Passport or equivalent document (in the case of acting through a representative, the authorization that the latter has must be accredited), expressing the affected data and the type of the indicated rights that are exercised, addressed to the addresses or means of contact of the DATA CONTROLLER that is appropriate according to who exercises them and that appear in the header of this contract.

  9. The data will be kept for the time necessary for the execution of the contract and even later for all the legal time necessary to respond to any claim arising from the agreement.

  10. The necessary measures of any order will be adopted to guarantee compliance with the legally established requirements in terms of security, confidentiality and integrity in the processing of personal data.

  11. You can get more information about your personal data protection rights at:  https://www.profesionalhosting.com/contratos/privacidad.html

9.2. Personal data protection. Treatment Manager

In the cases in which Profesional Hosting acts as Treatment Manager for a Responsible, the rights and obligations of the parties are regulated in the contractual Annex available for download in the contract section of the web https://www.profesionalhosting.com /contratos/contrato-enchargedo-tratamiento-version-web.html , under the heading Contract for Treatment Manager , as well as in the client's administration panel.

ELEVENTH. - Communications

All notifications between the parties will be made via email. The CUSTOMER is responsible for confirming the receipt of notifications and for informing Profesional Hosting of any changes to their data, leaving Profesional Hosting exempt from any liability arising from this circumstance. In case of modification, the CLIENT must put it in knowledge of Profesional Hosting in the e-mail or telephone numbers indicated in this contract.

Both parties undertake to keep all the relevant documentation exchanged by whatever means, as proof of the transactions carried out.

TWELFTH. - Assignment

The parties may not assign the rights and obligations arising from this contract to third parties, without the prior written consent of the other party. Any transfer of this contract that is made without the consent of the other party, will be deemed not made, with both parties continuing as holders of the rights and obligations assumed in this agreement.

THIRTEENTH. - Causes of dissolution of the contract and Integrity of the contract

• This contract will be terminated for the general reasons established in Spanish law, and for non-compliance with the obligations arising from this agreement.

• Each of the clauses of this contract must be interpreted separately and independently of the others. If any of them becomes invalid, illegal or unenforceable by virtue of any legal norm or is declared null or ineffective by any court or administrative authority, the nullity or ineffectiveness of this will not affect the other stipulations, which will retain their full validity and effectiveness. . The contracting parties agree to replace the clause or clauses affected by another or others that have the corresponding effects for the purposes pursued by the parties in this contract.

• This contract includes all the existing agreements between the parties, and cancels and revokes, where appropriate, any other agreements or agreements, verbal or written, that were in force at the date of its subscription. This contract may only be modified by agreement between the parties.

FOURTEENTH. - Commitment, acceptance and validity of the contract

• The USER acknowledges that he has understood all the information regarding the services offered on our website, as well as all the conditions and stipulations contained in this electronic contract, for which he affirms that they are sufficient for the exclusion of the error in the consent of this contract and, therefore, fully and expressly accepts them.

• The USER is fully aware that the acceptance and execution of this contract will take place by supplying their data and pressing the corresponding "click" button indicated in the corresponding section of our page www.profesionalhosting.com and that it will be perfected with the payment of the service.

FIFTEENTH. - Applicable law and conflict resolution

• This contract is of a commercial nature, and will be governed and interpreted in accordance with Spanish law.

• In the event of any type of discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract, which is not resolved by mutual agreement, the parties will submit to the courts or tribunals that are competent in each case:

  • When the client intervenes as a consumer, it will be those of the place where he has his habitual residence.

  • In all other cases and, in any case, when the client intervenes as an entrepreneur or professional or entity with or without legal personality, expressly waiving any other jurisdiction that may correspond to them, both will be submitted to the Courts and Tribunals of Almería.

EXHIBIT

Miscellany

1. Special promotions.

• We give away the registration or transfer of a .com, .net, .es domain in the annual contract.

• In the plans indicated on the web in the annual contract, the SSL certificate and installation are given away for the first year.

2. Special limitations not detailed in the shared hosting contract.

• Send limits

  • A limitation is established on sending emails per hour in shared hosting services, so that no more than one hundred (100) emails can be sent by email in an interval of one hour. To eliminate this limitation, it will be necessary to contract one of the specific plans for mass mailing from the same domain using SMTP.

• Data transfer limits

  • Monthly data transfer limits according to each service:

    • Unlimited data transfer, 100Mbps service bandwidth.