General conditions of service
This agreement contains the full expression of the agreements reached by Nominalia and the Customer and cancels and supersedes any previously existing agreements by and between them (the Parties) with regard to the object thereof.
1 - SERVICES AND CLOSING OF AGREEMENTS:
These General Conditions of Service ("GCS"), together with the additional terms and conditions contained in the existing miscellaneous Service Orders ("SO"), rule the rendering and/or supply to customers ("Customer/s") of the services offered by Nominalia Internet, S.L. (hereinafter Nominalia) with registered domicile at Barcelona, Josep Pla, 2, Torres Diagonal Litoral, Edificio B3, Floor 3D, 08019, Spain. The agreements between Nominalia and the Customer with regard to the individual Services are considered concluded or closed at the time Nominalia receives payment of the Consideration for the Services.
2- These GCS apply to all and every service offered by NOMINALIA on its Webpage www.nominalia.com: Domain register, email, hosting, server, tools for creation of online shop, creator of site web, security tools, dedicated servers and virtual servers. A detailed description of the services, its contents and functioning, is located on the indicated Website. The duration or term of service contracts, unless it is otherwise provided in the specific conditions of the Service or unless expressly agreed otherwise with the Client, is anual, and annually renewable.
2 - REGISTRATION PROCEDURE - USER ID AND PASSWORD:
The acceptance of these conditions implies the acceptance of the Terms and Conditions imposed by all the Internet domain name regulating organizations (e.g. https://www.icann.org/es
In the course of completing the Service registration procedures, the Customer undertakes to provide his/her personal data accurately and truthfully. The Client undertakes to check this data before confirming registration. Confirmation must be communicated to Nominalia within 10 calendar days. In case that such confirmation is not communicated within the indicated term, Nominalia will not be held liable towards the Client. Confirmation makes Nominalia not liable for any inaccuracy, etc. regarding the data provided by the client. In both cases the Client undertakes to immediately inform Nominalia of any change in the personal data once this change occurs. If the Customer communicates inaccurate or incomplete data, Nominalia reserves the right to not activate and/or to suspend the service until the Customer rectifies these errors. Nominalia reserves this right even in the case where the competent bodies (e.g. banks or credit card holders) challenge or reject the payments made by the Customer. Upon first request for activation of a Service by the Customer, Nominalia will assign him/her an User ID and Password as the only system for validation of Customer access to the Services. The Parties recognize and agree that these User ID's and Passwords constitute the only adequate means for identifying the Customer when he/she accesses the Services. Therefore, the Customer agrees that all acts performed through the use of the aforementioned User ID and Password shall be attributed to him/her and shall be binding on him/her. The Customer recognizes that he/she has sole and exclusive responsibility for the acts performed through use of his/her User ID and Password, and undertakes to keep them secret, safeguard them with due care and diligence, and not to communicate them to third parties, not even on a temporary basis. In any event, the Customer accepts that the information system and/or online system records compiled by Nominalia and/or its suppliers, can be presented and used against him/her for all investigation purposes by and/or before any competent Authority pursuant to and in accordance with these GCS and that, in particular, the parties may establish appropriate civil evidence on this basis regarding the existence of relationships and/or acts that might be challenged. To this respect, Law 25/2007 and the obligations contained herewith may apply.
La Sociedad se reserva el derecho a emprender las debidas acciones contra los Usuarios que no actúen de total conformidad con, especialmente, lo establecido en las presentes Condiciones.
La Sociedad colabora con las Autoridades Públicas en todos los casos en los que se le solicite la aportación de información y/o datos necesarios para perseguir a autores, cómplices, encubridores, etc. de actos ilícitos.
Salvo lo dispuesto en la normativa aplicable, la Sociedad, en lo relativo a la prestación de Servicios, no tiene una obligación general de controlar la información que transmite o almacena, ni tiene una obligación general de buscar de forma activa hechos o circunstancias que revelen la presencia de actividades ilícitas. En todo caso, la Sociedad dará cumplimiento a sus obligaciones legales sobre la materia, y en tal carácter se reserva (a título de ejemplo) el derecho a informar sin demora a la autoridad judicial o administrativa que realice funciones de control, en caso de que sea conocedora de presuntas actividades o informaciones ilícitas; a suministrar sin demora, a petición de la autoridad competente, la información en su posesión que permita la identificación del destinatario de sus Servicios, con el fin de identificar y prevenir actividades ilícitas; a actuar con prontitud en caso de que a petición de la autoridad judicial o administrativa competente, deba impedir el acceso a los servicios, y/o a informar prontamente a las autoridades competentes en caso de que tenga conocimiento del carácter ilícito o perjudicial para un tercero del uso dado a los servicios por algún Cliente.
NOMINALIA reserves the right to commence legal actions against Users who do not act according to, especially, the provisions of these Terms and Conditions.
NOMINALIA cooperates with the Public Authorities in all cases in which NOMINALIA is requested to submit information and/or data deemed as necessary to pursue authors, accomplices, concealers, etc. of illegal actions.
Except otherwise indicated in the regulations that may apply, NOMINALIA has not a general obligation of control of the information transmitted or stored; neither is generally obliged to actively investigate nor search for the existence of facts or circumstances that may reveal the existence of illegal activities. The Company will in any event accomplish its legal obligations in this matter and in such character it reserves (as an example): the right to report without delay to the Administrative Authorities or to the Courts of Justice which perform control duties, in case that the Company becomes aware of supposedly illegal activities or information; the right to deliver without delay, upon request of the competent Authority, the information at hand which may allow to identify the beneficiary or addressee of the Services, with the aim to identify and prevent illegal activities; to act promptly in case that upon request of Court or Administrative Authorities the Company is obliged to interrupt the Services, and to report as soon as feasible to the competent Court or Administrative Authorities in case that the Company becomes aware of the illegal or harmful for third parties use given to the Services by any Client.
Nominalia shall not act as an arbitrator to resolve disputes between the applicant and third parties regarding the use of the domain name.
In the event of any conflict involving the attribution of a domain name, the applicant undertakes to follow the rules on the resolution of conflicts established, as appropriate, by ICANN and/or the Registries responsible for the administration of the different domain names, whatever may correspond.
3 - NATURE OF THE SERVICES - FEES AND PAYMENTS:
Valid prices of Services are those advertised from time to time on the Website of Nominalia.
Nominalia will not execute any operation on any Order until the proper payment executed according to the Terms and in due time has been received. Payment will be deemed as completed once NOMINALIA?s banking entity clears it. This means that in case two orders refer to the same domain name, the first Order to be paid will be the first Order to be processed, without regard to the respective order's date.(First paid, first served). The payment of the Order shall be executed in accordance with the general Terms and Conditions of payment of Nominalia.
Once the processing of an Order has commenced, Nominalia reserves the full right to charge a penalty for the cancellation of the same. Modifications to the Order shall be accepted, this meaning the need to place an additional modification Order. Nominalia shall automatically cancel Orders that are not paid within a period of 30 days after receipt.
The applicant ? customer exonerates and undertakes to keep Nominalia free and unharmed from any liability before third parties arising from a breach by the customer of any of his/her obligations arising from these Terms and Conditions.
Nominalia has adopted the technical and organizational measures, as well as the legally required security level´s according to what is indicated in Statutory Law 15 /1999, issued 13rd of December, regarding Personal Data Protection (LOPD) and the Rules that develop it (Mainly, Royal Decree 1720/2007).
The applicant -client certifies that the information supplied and related with the registrant and personal information of the contacts of the domain name, is true and complete. Likewise, the applicant accepts that he/she is the unique and only person responsible for keeping the information always fully updated.
Notifications will be made according to the data provided by the applicant via e-mail. Nominalia shall not be held responsible for the non-receipt of these notifications. The applicant is responsible for reporting Nominalia about any modification of the data, especially of changes of the contact e-mails.
The duration of the Services is annual, and Services are annually renewable unless otherwise indicated or unless there is an express agreement otherwise.
Nominalia may communicate the renewal of services via e-mail and according to the following process: A first notice will be sent approximately 1 month before the expiry date; a second renewal notice will be sent about 15 days before the expiry date and a definitive cancellation e-mail is to be sent on the expiry?s date if payment of the renewal has not been executed before this latter date. The e-mail to which these notices are to be sent is the contact e-mail which corresponds to the referred Service. It is the Client's responsibility to keep this information up to date and to carry out the renewal. Nominalia shall neither be held responsible for problems arising from incorrect contact details nor from failure to renew.
When a domain expires it enters into the Redemption Grace Period (RGP). This period has been implemented by the international registries in order to give the former owner of a domain the chance of recovering it. During this RGP period no one (no third parties) can register such domain. Only the owner may be able to recover the domain name through the Registrar that managed the domain before the RGP.
Once the RGP has elapsed (30 days after expiry date), the domain turns into a PENDING to be DELETED (Pending Delete) status that lasts for 5 additional days. During this period it is not possible to recover the domain. Once this additional term has elapsed, the domain is deleted from the database and can be registered again (by the former owner or by any third party, the one ?in general, not necessarily via NOMINALIA- who applies for and pays first).
If, for any reason, payment for renewal is not made during the stipulated period for each Service, the Service will be automatically cancelled by Nominalia and will become available for registration by third parties. Nominalia shall make the payment refunds by bank transfer to the account number given by the Client or to the client?s credit card, this depending on the mean of payment used.
The renewal upon expiry may be automatic or manual. By default, automatic renewal is established when contracting a product or service, although the Customer may at any time during the life of the contract and even after contracting the product or service, change to manual renewal following the instructions Which will be sent to you in the confirmation email. The Customer may change from automatic renewal to manual and vice versa as many times as he wants throughout the term of the contract, provided that such changes are made no later than 20 days prior to the expiration date of the contract or service. Failure to do so, the renewal will be made according to the procedure that is in force or active on the 20th day prior to the said date.
Expiration with manual renewal:
In the case of expiration with automatic renewal and payment by credit cardor by Paypal, prices referred on "Fees and Payments" will be charged according to the terms provided and based on existing conditions at the time of renewal, as indicated in the Control Panel, by Nominalia directly with the mediation of a debt collection company that meets the PCI-DDS requirements, for what is expressly authorized by the Costurmer, using the same payment method chosen by the Customer at the first purchase and after sending a reminder by email about the payment method and expiration of the product, unless the Costumer has notified a request of changing payment method from the Control Panel. If it is not possible for Nominalia to proceed with the charge the contract may not be renewed automatically and the contract shall be considered expired and not renewed according to the terms set forth. In this situation, the customer may renew the Service following the manual renewal procedure.
In general, in case of products with automatic renewals, the Customer authorizes Nominalia to bill and charge the ammounts reguralry using the debt collection company.
In the case of expiration with automatic renewal and payment by PayPal, prices referred on "Fees and Payments" will be charged according to the terms provided and based on existing conditions at the time of renewal, as indicated in the Control Panel, by Nominalia directly against the credit card of the Customer although with prior notification by e-mail of this. If it is not possible for Nominalia to proceed with the charge the contract may not be renewed automatically and the contract shall be considered expired and not renewed according to the terms set forth. In this situation, the customer may renew the Service following the manual renewal procedure.
In the case of expiration with automatic renewal and payment by means other than a credit card or PayPal, 20 days before the expiration date Nominalia will proceed, prior communication to the Client by email, to proceed with the renewal and to send the invoice to the customer. The invoice must be paid according to the terms set forth. The invoice will be sent to the client by email and also can be reviewed on the Control Panel. In the event that client does not execute the payment according to the terms set forth, Nominalia may interrupt the Service at any time, unless in the case described in article 6 of these GTC. In this case, all the data present in the space placed at the disposal to the customer for the rendering of the Service will be deleted and Nominalia cannot under any circumstance be held responsible, either for failure to maintain and/or either for not to keep such data.
Prices are on the website so that the customer knows at all times the total and final cost of the Service.
The customer has the option to delete the billing agreement by entering to their Paypal account profile and deleting it from the dedicated page.
Expiration with manual renewal:
TRIAL PRODUCT SERVICES: Nominalia can offer to their Customers "trial products" for the time and method indicated on Nominalia website or in the Customer Control Panel. Depending on the service and on Nominalia discrection, at the first time of the service purchase Nominalia may or may not request Customer's credit card details to use them to charge the ammount at the end of the trial period. In order to manage future payments, the credit card details will be saved using the mediatian of a debt collection company that meets the PCI-DDS requirements, acting on behalf of Nominalia. AT THE END OF THE TRIAL PERIOD, THEREFORE, IN THE CASES THAT THE CUSTOMER, AFTER NOMINALIA HAS REQUESTED IT, HAS PROVIDED THE CREDIT CARD DETAILS DURING THE TRIAL PURCHASE, EXPRESSING THE INTEREST OF PURCHASING THE SERVICE AND HAS NOT SENT ANY COMMUNICATION TO NOMINALIA TO CHANGE THEIR WILLING BEDOFE THE EXPIRATION OF THE TRIAL PERIOD, THE SERVICE WILL BE PURCHASED BY THE CUSTOMER FOR ONE YEAR OR ANY OTHER PERIOD OF TIME INDICATED IN THE SERVICE ORDER. In this case, the date of the trial expiration period NOMINALIA will charge on the credit card the corresponding ammount, using the debt collection company. In the case of expiration with manual renewal the client may request, through the online procedure placed at his/her disposal by Nominalia, renewal of the service with the present SO for further periods of time in the terms appearing in the Control Panel of the client and according to technical and economic conditions in force at the time of renewal. In case of failure to renew on the terms and conditions indicated herewith, the Service will cease with effect as of the expiration date and these OS will cease to have effect, all this without any prior comunication by Nominalia. In this case, all the data present in the space placed at the disposal of the CLient in order to render the Service will be deleted and Nominalia cannot under any circumstance be held responsible, either for failure to maintain and/or either for not to keep such data.
4 - PAYMENT METHODS:
In compliance with the information obligations provided for in the current regulation for the protection of consumers and end users in general, we herewith state that the main features of the services are those described on Nominalia?s Website, which permanently updated; the prices are those shown on that Website, are permanently updated and unless otherwise indicated they include taxes and rates (and if applicable all additional transportation costs, delivery, post office fares, return costs or ay other that may apply); the minimum term of validity of the contract is one year, unless otherwise agreed or indicated explicitly otherwise, and the obligations of the consumer under the contract are in addition to the legals, those contained in these general conditions, directly or by reference.
This information is given prior to the execution of payment of the Services; therefore in order to close a contract it is necessary to declare (opt in) having read and accepted this information and these GTS.
1. Methods of payment accepted by Nominalia:
- Credit card.
- Bank transfer order.
In order to make payments via Credit Card, Customer must provide Credit Card, Debit Card or Bank account information. Nominalia guarantees that all of the bank and credit card details collected in its database will be used in the way and with the limitations and rights granted by the Public General Act of Parliament (Ley Orgánica)15/1999, issued December 13rd, for the Protection of Personal Data (LOPD). Processing and management of this information will also be in accordance with what is stipulated in Royal decree 1720/2007, issued December 21st, which contains the Regulations for security measures referring to automated files containing personal information.
The payments should be executed once a year.
If the Order number is not specified in whichever means of payment where such data is required, Nominalia will not be liable to any undesired effect it may lead to.
The payment must be made in due time and according to the terms chosen by the Customer. The payment shall be made in euros.
Nominalia reserves the right to cancel a registration if the payment has been made by fraudulent means or has not been cleared.
Orders which are not paid within a period of 30 days shall be automatically cancelled without prior notice.
The cancellation of a completed Order implies that the payment shall not be refunded.
If you request a transfer to a different Registrar within two months after the expiry date, and this domain was renewed the last time 20 days after the said expiry date, Nominalia reserves the right to refund the amount that you have paid as a domain renovation.
During Sunrise periods (Sunrise means the period of launching of a new domain), in case of domain name denial by the Registry, Nominalia will refund 75% of the payment done. The outstanding 25% will be charged as domain name's management and transaction costs.
In case of domain name denial by the Registry during the validation proceedings, Nominalia will refund 75% of the payment done. The outstanding 25% will be charged as domain name's management and transaction costs.
If applicable, Nominalia will refund the payment by bank transfer to the acount number that client provided or in the credit card, depending on the payment procedure used by Client.
OTHER CLAUSES RELATED TO THE SERVICE:
II.- DATA PROTECTION
Nominalia has implemented and keeps updated and in forced the technical and organizational measures ? plus the required security level ? as per the aforementioned Personal Data Protection Law 15/1999, issued December the 13rd, and its ancillary rules (especially Royal Decree 1720/2007).
1.- Personal Data collected in the registration and payment processes for the services rendered by Nominalia (a DADA Group Company ? http://www.dada.eu ? are stored in electronic databases of its own, at Firenze, Italy (Register.it SpA, http://we.register.it/, a DADA Group Company, Piazza Annigoni 9/B, 50122 Firenze, Italy) as per the applicable Law; NOMINALIA INTERNET S.L., with registered domicile at Barcelona, Josep Pla 2, Torres Diagonal Litoral, Building B3, floor 3D, 08019 Barcelona (Spain), is the responsible of such data and the entitly in charge of controlling and processing same. Client authorizes Nominalia ? and to the legally applicable extent, to Nominalia?s subcontractors, by virtue of the relevant contracts (reference to Article 5 of these GCS is made hereof) to use and process electronically the data; compilation and processing of same is necessary in order to start, render and invoice the Services.
The said databases are registered before the Spanish Data Protection Authority.
Keeping of the Data and Safety measures:
Data will be stored for a limited time ? time periods as defined by applicable Laws ? and stored in the BT Italia S.p.A., Settimo Milanese, Milano, Via Darwin 7, Italia, herewith appointed as the Data processor. Thbere is a safety copy of the data, with the purpose of guaranteeing the supply of the service and also in order to guarantee that the data will be preserved and saved even in the event that a disaster occurs. In any event, the period of time of storage of the Data will be equal to the period of time required for the achievement of the aforementioned goals and also equal to the duration of the contractual relationship between you and the Dada controller. In case you wish to cancel your account and stop using the Services, the Data will be cancelled ? except those Data required to accomplish contractual, administrative, fiscal, accountancy or legal obligations in force after termination of the Service. As soon as such obligations have been fulfilled the Data will be fully cancelled.
By means of these GCS you are herewith informed that your Data will be collected, processed and kept with full respect of the Law, as far as the Safety measures applicable are concerned.
Data will be also processed according to self-control rules with regard to Personal Data Processing ethics that may apply from time to time.
2.- Nominalia will use the Personal Data of the Client according to the Privacy protection principles contained in Law 15/1999, issued December the 13rd, for the Personal Data protection (LOPD) and ancillary rules (Royal Decree 1720/2007, which describes the safety measures and rules that may apply to the protection of files which include or contain personal data). This declaration corresponds to the personal data submitted by the Client during the registration process, and also to the data generated in the Client?s visit to the Website and surfing in general in the web. These data may also be compiled in files or databases.
Personal Data processing as described in these paragraphs affects to all those personal data delivered by the User to Nominalia upon registration of the User in the Website and also to all those data communicated in order to access to all other services or Web pages of the said Company or any other Group Company. Nominalia is bound to its legal obligation of secrecy with regard to the said Data and also to its obligation of processing such Data with confidentiality, and has implemented and assumes all technical, organizational and safety measures necessary in order to avoid alteration, loss, unauthorized processing or unauthorized access, as per Law 15/1999 and ancillary rules (cited). Nominalia grants the confidentiality and privacy of the Data collected. Notwithstanding this, Nominalia cannot fully guarantee the absolute invulnerability of the safety systems installed as far as no safety measure is fully invulnerable in the present times. Therefore Nominalia cannot be held liable under any circumstance for the issues that may arise ? in the data protection field- as a consequence of an attack or unauthorized access to Nominalia?s systems in a way that this attack or access cannot be detected by such systems.
3.- The purposes of collecting and processing the personal Data are the following:
- Rendering of the Services requested by the User or Client,
- Case / incidents management
- Check and quality control of the Services,
- Organization of contests (with prizes)
- Sending of general information about the development and functioning of the Service or Product requested by the User / Customer. In case of promotions or contests, sending information about same (prize winners, management and delivery of the prizes and/or any other information related to same).
- Accomplishment of accountancy and tax obligations; making of market surveys and statistics; marketing and services preferred by customers.
- Except otherwise indicated by the User / Client, sending of commercial communications as per article 21.2 of Law 34/2002, issued July 11st, on e-commerce ?this not meaning the transfer of such personal data to third parties except for data processing purposes and according to Data protection Laws in force.
- Spotting and identification of Users violating the applicable Law, only in case that a specific and exclusive request issued by the competent authorities is received by Nominalia.
Communication of certain data (phone number or email address, Username and ID code) required for the registration as User in the Webs managed/owned by Nominalia is mandatory (necessary for rendering the Services) and therefore Nominalia is entitled to refuse or reject rendering the Services to those Users who do not communicate such Data.
It is possible that additional information is requested in order to define the User?s profile and to be able to offer personalized services. In case that such Data are not communicated, Nominalia will not deny access to the Web but will not be able to render such personalized services to the Users.
User or Client may have access to his/her Data at any time and exercise his/her rights as indicated by Law; id et, the interested person has the possibility to cancel his consent at any time and to prohibit the communication of his/her data to third parties; the User / Client has also the rights to access, rectify and/or cancel his / her personal Data, by sending a written order (ordinary mail or email) to the Domicile for Notices indicated in these GCS (see hereunder). To his request the Client or User must indicate / attach:
- Name, surname, Identity Card or Company, whatever may apply;
- Description of the right exercised (what the User wants to be done by Nominalia)
- Telephone number / email affected by the exercised right
- Domicile for further communications
4.- In case that the Client has given his widened consent by ticking the square ?I accept? during the contracting / register process, the Client also accepts the following (optional):
- Supply of information and/or services offers which Nominalia (or its associated Companies, and/or its affiliated Companies, and/or its commercial partners and subcontractors) may consider of interest of the Client; Nominalia undertakes to not to communicate the Client?s Data to third parties other than those listed herewith except for data processing purposes and according to Data protection Laws in force.
- Checking of the quality of the offered Services, even by means of the offer of after sales services;
- Sending of notifications and advertising information related to Nominalia?s products and initiatives, as well as products and initiatives of third parties;
- Drafting of market surveys and statistics, market actions and follow-up of the preferred products.
5.- Nominalia occasionally may register a domain before the competent register authority via third Register Agents. In such cases and in all other cases where Nominalia may be deemed as the Processer of the Data, Client expressly authorizes Nominalia to subcontract the said Services and therefore to communicate the Client?s personal data necessary for the management, registration, renewal of transfer of the domains. As far as it may apply, subcontracting must adjust to the provisions of Royal Decree 1720/2007, and especially to Article 21 of same; for all cases in which Nominalia is to be deemed as the Processor of the Data, Nominalia herewith declares that the processing of data and e-commerce webhosting services are rendered by the Company ePages (http://www.epages.com/es/); that the website service is rendered by the Company SOL (www.sitonline.it/) and that the Cloudsite service is rendered by the Company Basekit (www.basekit.es); and that the safety tool service Sitelock is rendered by the Company Siteloc LLC (https://www.sitelock.com/).
6.- As indicated in the section related to the contracting and registering process, there are two different categories of personal data: optional and mandatory.
7.- Communication of mandatory data and the processing of same for the purposes indicated above are strictly functional for the rendering of the contracted services. In case the User refuses to communicate such data or refuses to consent to the processing of same, this may render impossible that the User has access to the Services. All other data are requested in order to help Nominalia to permanently improve the Service. The Client is free to communicate such data, or to not communicate the same.
8.- The User, via the toolbar and by using his / her ID and password, has at all time direct access to his / personal data stored by Nominalia. Thus he /she is entitled to integrate, modify or cancel such data at any time and without intermediate persons, independently and under his /her own responsibility. Further, the same interface can be used to cancel any subscription related to information not directly related to the Service, id et, information not necessary for the rendering of the Services by Nominalia.
9.- To this purpose the Client must access to ?My Account? in the Control Panel and click (enter in) on the section ?Information and Consent?. By the bottom of this page ?Information and Consent? the Client may grant or deny (at his / her choice) widened consent for the processing of personal data necessary in order to receive commercial information supplied by Nominalia and to take benefit of special offers, contests and other promotional events.
10.- The Chat Service and the corresponding Data Protection Policies are described in Paragraph 6 of this Document.
11.- Client has at all times granted full access to his /her personal data and to exercise the rights mentioned in Article 13 of Law 15/1999. Especially, the Client is entitled to exercise his /her amendment, challenging and cancellation rights as per Article 16 of the Law and following the procedure set forth in Article 17 of same, by addressing his /her requests in written to Nominalia. Communications must be sent to the post address indicated in these GCS and in the Webpage of Nominalia.
Right of withdrawal
The services are usually activated no later than 24 hours after closing the service contract. Once closing is completed and the service has started to be rendered the customer or end user has no further right to withdraw. As an exception, registry of domains .es is immediately activated (for the record: the managing entity Red.es does not allow cancellation of domains except by direct order issued by the administrative contact for the concerned .es domain.).
In case the customer wants to exercise his/her right to withdraw, where applicable, Nominalia recommends to use Forms published as attachments to Law 3/2014, issued March 27th.
Law 15/1999, articles 13 and ff:
1.- You have the right to request and obtain free of charge information on your personal data subjected to processing, on the origin of such data and on their communication or intended communication.
2.- The information may be obtained by simply displaying the data for consultation or by indicating the data subjected to processing in writing, or in a copy, fax or photocopy, whether certified a true copy or not, in legible and intelligible form, and without using keys or codes which require the use of specific devices.
3. The right of access referred to in this Article may be exercised only at intervals of not less than twelve months, unless the data subject can prove a legitimate interest in doing so, in which case it may be exercised at any time
4. The controller shall be obliged to implement the right of rectification or cancellation of the data subject within a period of ten days.
5. Rectification or cancellation shall apply to data whose processing is not in accordance with the provisions of this Law and, in particular, when such data are incorrect or incomplete.
6. Cancellation may lead to the data being blocked and kept only at the disposal of the public administrations, judges and courts of justice, for the purpose of determining any liability arising from the data processing, and for the prescription term of such liability. On expiry of such term, the data will be definitively deleted.
7. If the rectified or cancelled data have previously been communicated, the controller shall notify the person to whom they have been communicated of the rectification or cancellation. If the processing is being maintained by that person, this latter is also obliged to cancel the data.
8.- Basic proceedings for the exercise of the rights in Spain will be those described in Title III of the Rules for the application of Law on Data protection (Royal Decree 1720/2007). A summary of these Rules is included in these GCS.
III.- AMENDMENTS TO THE CONTRACT, LIABILITIES AND IP5 - AMENDMENTS TO THE GCS AND/OR SO:
5 - CHANGES IN GCS AND/OR SO:
Nominalia reserves the right to amend these GCS and the terms and conditions of the SO in the terms of this contract at all times by giving the Client a prior advice of at least 30 calendar days.
Amendments will be implemented according to these GCS and to the rules that from time to time may apply. Amendments will never harm the interest or the rights of the Users / Clients.
It will be understood that the Client accepts these modifications if once the said term has elapsed the Client continues using the services provided by Nominalia.
The Customer has the right to cancel an SO or the GCS applicable at that time by sending the corresponding notice to Nominalia within the said 30 days term.
6 - USE OF THE SERVICES AND CUSTOMER LIABILITY:
The Customer undertakes to act loyally and in good faith during the rendering of the contracted services. Similarly the Customer undertakes to use his/her best efforts to comply with the provisions and commitments pursuant to these GSC and to respect, in case of services offered by Nominalia in a shared manner, the quality, stability and security of such Services even with regard to the use of same by third Customers.
The Customer certifies that, to the best of his/her knowledge, the use of the domain name registered upon his/her request does not affect the intellectual property rights of third parties. Customer accepts sole and exclusive liability derived from the election of the domain name and from its further maintenance.
The Customer accepts that the registration of the domain name is for legal purposes.
The Customer accepts responsibility to all effects derived from any problem related to the right of use of the domain name.
The Customer undertakes to accept any possible submission to arbitration which may arise as a consequence of his/her application for registration of a domain name or a result of the registration of the said domain name.
The contents of the files stored in NOMINALIA?s servers is of the sole and exclusive responsibility of the Customer.
Nominalia will not be held responsible for any fault caused by malfunction of the server, or of the client's email addresses, and/or lack of communication to NOMINALIA of changes in the said email addresses, disinformation by negligence of the client or login and passwords' improper use and preservation, all this being of the sole and exclusive responsibility of the Client.
Some of the services rendered by NOMINALIA comprise or include in the respective web access a Chat in real time, to which general access is granted (no matter whether the user is a Customer or not of NOMINALIA).
This Chat enables the User ? after registering some data and after acceptance of these NOMINALIA General Terms and Conditions ? to raise questions in real time about the Service and about NOMINALIA Products, even prior to contracting -being this the case- a concrete service by the User. Personal Data communicated by the User upon activating the Chat and/or during the use of same are included in a file or database named ?Clients? of which NOMINALIA is the Data Controller. A third party (Zopim) is the Data Processor. Access to Zopim?s Data Protection Policies is granted by just clicking on the initial window of the Chat. Acceptance of these General Terms and Conditions / Service Order means acceptance of such data processing. The purpose of the data processing is to solve questions and doubts of the User about the service and the products about which questions, etc. can be raised via Chat and also to keep a register of the questions raised and the solutions given. User has at all times the rights of rectification, access, erasure, etc. which can be exercised before NOMINALIA. Data Protection Policies as described under ?II- Data Protection? of this Document also applies.
It is specially prohibited:
-The use of the web server by the Client in order to carry out actions contrary to Spanish Laws or with the intention of causing damage to third companies or individuals.
- Messages and/or contents of a violent, abusive, , libel, racist, xenophobic or pornographic nature, especially any image or obscene file or with sexual content that may infer pornography such as complete and/or partial nudity.
-Computer programs that are intended to unlock the contents of other licensed computer programs (cracks), serial numbers for computer programs or any other content that violates intellectual property rights.
- Images and files in whatsoever format that infringe intellectual property, with regard to which the client does not hold any right to or that are not the property of the person/company that hosts the domain in Nominalia.
-Any content that is contrary to Spanish laws, especially the aforementioned Data Protection Law (LOPD 15/1.999 issued December 13th) and ancillary rules.
-The use of the e-mail server and e-mail addresses for sending unsolicited email (Spam) as well as sending large messages in order to block the server (Mail bombing).
- Using the space rented in the servers for storing images and/or webpage contents from third parties? webpages, whatever the theme of these pages is.
- Creating any kind of web programming that is directly or indirectly detrimental to the performance of Nominalia's servers, either by consuming more resources than those necessary or programming any type of code that damages, restarts or turns off the servers where the programmed content is stored, no matter whether intentionally or unintentionally.
Infringement of any of the aforementioned prohibitions by the Client may lead to the termination of the Contract on the said infringement basis, with no right to any indemnity at all in favour of the Client.
In the event of actions taken directly or indirectly by the Client (including through its/his/her website or email) or by a third party as a result of negligence attributable to the Client which may cause any damage or injury to any of the other customers or general users, Nominalia is entitled to immediately suspend or terminate the services provided to the client and terminate the contract without any compensation in favour of the client. Nominalia may inform the client via email about the interruption and of the reasons of same. In general, the client agrees not to use the services for illegal purposes or to violate any national or international law or applicable regulation in any way.
Incorporated to these Terms and Conditions in all which is not explicitly and otherwise herewith regulated are the contents of the special conditions that regulate products associated with the product or service hired (domains, hosting, email, dedicated servers ... as described in the following links:
In all cases and independently of the service or services hired the client is responsible for making its own backups or security copies, as indicated in the present Conditions and its cited annexes. The termination of the service contract between the client and NOMINALIA, regardless of the reason for such termination, shall entail cancellation of client data, as well as all content stored by the client in the server, mail, etc.., NOMINALIA will not be held liable nor responsible, for any data lost, economic loss or otherwise. Therefore, it is the Client?s duty to save the data in other médium or support prior to the cancellation of the Service. Moreover, NOMINALIA is not authorized by law to save / store contents (ad.ex. Law 25/2007).
7 - COMMUNICATION BETWEEN THE PARTIES:
The relationship between the parties is that of a Customer and a Service Provider.
As a general rule and save in the event that the procedural legislation requires the contrary, the parties agree to communicate via email, fax or postal mail using the respective most updated addresses and numbers in their respective possession. The parties are obliged to keep evidence of the notices sent to the other party.
8 - INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS:
Nominalia is the owner of every trademark, author and property rights, know-how and every computer program related to the services provided by Nominalia. The Client is granted only a limited, non-transferable user right thereof.
The Client guarantees that he is the owner of the Information stored in the assigned space or that, in any event, he has the corresponding authorization to spread the information on the Internet. With the object of insuring the purposes of this contract, the Client authorizes Nominalia to make a security copy of the Information delivered during the validity of this contract.
9 - LIMITATIONS OF LIABILITY OF NOMINALIA:
Nominalia undertakes to act diligently and in good faith in its commercial relationship with the Client.
Nominalia also undertakes to offer in every moment the best quality on its service's provision, except those external incidences and/or caused by third parties and out of the control of Nominalia and which may lead to the temporary or definitive suspension of the Service; and the integrity of the stored information on its servers as transferred by its system or by the Internet.
Nominalia has implemented and in force the reasonably necessary required and updated measures in order to prevent and avoid undesired access, loss of corruption of data.
Nominalia cannot guarantee that the order placed by the applicant will be practicable.
Nominalia does not take any responsibility of the possible errors or suspensions of the service caused or effectively executed by facts of third entities, Organizations or Companies, even participants in all the process of registry of service, directly or indirectly by means of Nominalia.
Nominalia will not be responsible for the unauthorised access to its client's information stored in the system, lost or corruption; given this, it is expressly stated that Nominalia has implemented and in force the reasonably necessary required and updated measures in order to prevent and avoid undesired access, loss of corruption of data.
The Client recognizes that the information to which he can access through the access service is the responsibility of the party who develops it. Nominalia only renders hosting services and therefore will not be responsible in any case and under no circumstance for the content of third parties' information to which the client may have access, nor for the damage the Client may suffer because of said information, independent to whether access to said information is carried out via direct or consecutive links, whose origin is on web pages in Nominalia. Also considered resources beyond Nominalia's control, among others, are the following:
- Programs, texts and user's details.
- Newsgroups not controlled or moderated in the server itself.
- Newsgroups in other servers.
- FTP and Telnet accounts.
10 - EXPRESS CANCELLATION CLAUSE:
Article 1.124 of the Spanish Civil Code applies.
IV.- APPLICABLE LAW AND COMPETENT COURT
11 - GOVERNING LAW AND COURT OF JURISDICTION:
Spanish Laws apply to all issues related to this contract, its interpretation and termination.
Domicile for notifications / correspondence:
NOMINALIA INTERNET S.L.
Josep Pla nº 2, Torres Diagonal Litoral
Edificio B-3, planta 3-d.
08019 Barcelona (Spain)
Attention to Customer telephone number: (+34) 93 288 40 62
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Did you know that...
in 1999 Nominalia bacame the first .com, .net and . org domain registrar in Spain and the second in Europe regardelss of the monopoly held by Network Solutions
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