General Conditions of Service of NOMINALIA

This agreement is the sole and entire agreement between NOMINALIA and the Client and cancels and supersedes any previously existing agreements by and between them (the Parties) with regard to the object thereof.


I. GENERAL


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 Clients ("Client/s") of the services offered by NOMINALIA Internet, S.L. (hereinafter “NOMINALIA”) with registered domicile at Carrer d'Ulldecona, nº 21, 1ª Planta, 08038 Barcelona, Spain. The agreements between NOMINALIA and the Client with regard to the individual Services are considered concluded or closed at the time NOMINALIA receives payment of the Consideration for the Services.


2. IDENTIFICATION AND DESCRIPTION OF THE SERVICES

These Conditions apply to all services offered by NOMINALIA on its website www.NOMINALIA.com: Domain registration, email, hosting, servers, tools for creating an online store, website creation, security tools, security services. Online marketing and Online Brand Protection (OBP), dedicated and virtual servers, and premium support services. The detailed description of the services, their contents and their operation can be found on the indicated Web page and/or in the corresponding Service Order. The duration of the service contracts is, unless otherwise stated in the Specific Conditions of the service or unless otherwise expressly agreed with the Client, renewable annually.


Some of the services offered by NOMINALIA (web hosting services in their multiple variants) fall within the regulation contained in EU Regulation 2022/2065, the Digital Services Regulation. The mentions contained in these Conditions relating (among others) to access to the information stored by the user of the Services, possibility of suspending or canceling the service, compliance with orders issued by the Authorities, or contact points, are made in compliance with the provisions of the Regulation.


3 - REGISTRATION PROCEDURE - USER ID AND PASSWORD:


Acceptance of these conditions implies the acceptance of the Terms and Conditions imposed by all the Internet domain name regulating organisations (e.g. https://www.icann.org/es).

By completing the registration process for the Service, the Client undertakes to provide their personal data correctly and truthfully. The Client undertakes to verify these data before confirming registration. Confirmation, if applicable, must be communicated to NOMINALIA within a period of 10 calendar days from the day the registration occurred. In the event that confirmation has not been communicated within the indicated period, NOMINALIA cannot be held responsible for the inaccuracy of the data to the Client. The confirmation will exempt NOMINALIA from all responsibility related to the data provided by the client; The lack of confirmation will be understood to mean that the data provided by the Client in the registration process is accurate, complete and truthful, regardless of which the Client undertakes to immediately inform NOMINALIA of any change in personal data. whenever it occurs. If the Client communicates, in the opinion of NOMINALIA, inaccurate or incomplete data, or if NOMINALIA's security systems detect any information provided by the Client that may be inaccurate or incomplete or that could give rise to possible fraudulent use of the contracted service, NOMINALIA will reserves the right - once this point has been verified - not to activate and/or suspend the service until the Client rectifies these errors or until it provides the additional information required by NOMINALIA to activate or reactivate the Service (whichever is appropriate in each case). case). NOMINALIA reserves this right also in the event that competent entities (e.g. banks or credit card holders) reject payments made by the Client. After the first request to activate a Service by the Client, NOMINALIA will assign a user identification and password, as the only validation system for the Client's access to the Services. The Parties acknowledge and agree that these User IDs and passwords constitute the only appropriate means of identifying Customer in its access to the Services. Therefore, the Client agrees that all acts carried out through the use of the mentioned User ID and Password will be attributed to him and will be binding on him. The Client acknowledges that he has exclusive responsibility for the acts carried out through the use of his user identification and password, and assumes the obligation to keep both secret, safeguard them with care and due diligence, and not communicate them to third parties, nor even temporarily. In any case, the Client accepts that the information system and/or online system records collected by NOMINALIA and/or its suppliers may be presented and used, for the purposes of any investigation before or by any Competent Authority in accordance with and in accordance with these CGS Likewise and with this basis, the parties may establish the corresponding evidence regarding the existence of relationships and/or acts that may be questioned. Law 25/2007, EU Regulation 2022/2065, and the obligations contained in both are also applicable where necessary.

NOMINALIA reserves the right to commence legal actions against Users who do not act according to, particularly, the provisions of these Conditions.

The Company cooperates with the Public Authorities in all cases in which the Company is requested to submit information and/or data deemed as necessary to pursue authors, accomplices, concealers, etc. of illegal actions.

Unless otherwise indicated in the regulations that may apply, the Company does not have a general obligation to control the information transmitted or stored; neither is it 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, comply with its legal obligations in this regard and reserves the right (for example): to report, without delay, to the Administrative Authorities or to the Courts of Justice which perform control duties, it the Company becomes aware of supposedly illegal activities or information; the right to deliver without delay, upon request of the competent Authority, information in its possession that makes it possible to identify the beneficiary or addressee of the Services, in order to identify and prevent illegal activities; to act promptly in case of a request from a Court or Administrative Authority that obliges he Company to interrupt the Services, and to report, as soon as feasible, to the competent Court or Administrative Authorities if the Company becomes aware of use of the services in a manner that is illegal or harmful to third parties 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.

Case of conflicts involving the attribution of a domain name, the applicant undertakes to follow the rules on conflict resolution established, as appropriate, by ICANN and/or the Registries responsible for the administration of the different domain names, as applicable.


4. NATURE OF THE SERVICES - FEES AND PAYMENTS:


The valid prices of the services are those advertised from time to time on the NOMINALIA website.

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 it has been cleared by NOMINALIA’s bank. This means that if two orders refer to the same domain name, the first order to be paid will be the first Order processed, regardless of the date of the first order. (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 processing of an order has commenced, NOMINALIA reserves all rights to charge a penalty for the cancellation thereof. Modifications to the order shall be accepted, but an additional modification order must be placed. NOMINALIA shall automatically cancel orders that are not paid within a period of 30 days after receipt.

The Applicant & Client exonerates and undertakes to hold NOMINALIA harmless of any liability vis-a-vis third parties arising from a breach by the client of any of his/her obligations arising from these conditions.

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, particularly changes of 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 one (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 will be sent on the expiry’s date if payment of the renewal has not been made before this latter date. The e-mail to which these notices are to be sent is the contact e-mail which corresponds to the service in question. It is the Client's responsibility to keep this information up to date and to carry out the renewal. NOMINALIA accepts no liability 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 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 DELETION 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 anyone.

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 means of payment used.

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. In the case of a domain in the recovery period, after the recovery amount has been paid, NOMINALIA will try to recover the domain before the Registry. However, remember that the recovery process is not always successful. Therefore, NOMINALIA accepts no liability if the domain name is not recovered, in which case it will return the amount paid by the Client.

The renewal upon expiry may be automatic or manual. By default, an automatic renewal is established when taking out the product or service, which the Client can change or revoke at any time during the life of the contract and even after taking out the product or service or change to manual renewal by following the instructions will be sent to him/her in the confirmation of purchase. The Client can change automatic renewal to manual and vice versa as often as desired throughout the life of the contract, provided that the changes are made before the 20 days prior to the date of expiry of contract or service. If this is not done, the renewal shall be made in accordance with the procedure in force or active in the 20 day prior to the relevant date.

Expiration with automatic renewal:

In the case of expiration with automatic renewal and payment by credit card, the prices referred in "Fees and Payments" will be charged 20 days before the expiration date, according to the terms foreseen and based on existing conditions at the time of renewal, as indicated in the Control Panel, by NOMINALIA directly against the credit card account of the Client, with prior notification by e-mail.

In the case of expiration with automatic renewal and payment by PayPal the prices referred in "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 PayPal account of the Client, with prior notification by e-mail.

The Client authorises NOMINALIA to carry out the payment processes described in the two sections above.

If it is not possible for NOMINALIA to make the charge, the contract may not be renewed automatically and shall be considered expired and not renewed according to the terms set forth. In this situation, the Client may renew the Service following the manual renewal procedure. Failure to renew the agreement will lead to loss of all the data see “Expiration with manual renewal” below.

Prices are on the website so that the Client knows the total and final cost of the Service at all times.

NOMINALIA reserves the right to modify prices at any time with 30 days prior notice. If the Client does not agree, he will have the right to cancel his contract (unless the price change benefits him, is related to inflation or an increase in the price of the services of NOMINALIA's suppliers.

To cancel the billing agreement, the Client must enter his or her PayPal profile and cancel it there.

Expiration with manual renewal:

In the case of expiration with manual renewal the Client may request from NOMINALIA, through the online procedure placed at his/her disposal by NOMINALIA, renewal of the service for further periods of time according to the terms appearing in the Client Control Panel and according to the technical and economic conditions in force at the time of renewal. In case of failure to renew under the terms and conditions indicated herewith, the Service will cease with effect as of the expiration date and the Service Order will cease to have effect, all this without any prior communication 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.

PROVISION OF “TRIAL” SERVICES: NOMINALIA may offer the Client “trial” services for the time and in the manner indicated for each case on the NOMINALIA website or in the Client Control Panel. Depending on the services and at the discretion of NOMINALIA, when purchasing the services, NOMINALIA may or may not ask for the Client’s credit card as a means of paying at the end of the trial period. In order to manage the subsequent payments, the credit card information will be retained by a payment management company that complies with PCI-DDS requirements and with the personal data protection regulations applicable at any time, which acts on behalf of NOMINALIA AT THE END OF THE TRIAL PERIOD, THEREFORE, THE SERVICE IS UNDERSTOOD TO BE PURCHASED BY THE CLIENT FOR A YEAR OR FOR ANY OTHER TIME PERIOD ESTABLISHED IN THE CORRESPONDING SERVICE ORDER, IN CASES WHERE THE CLIENT, AT THE REQUEST OF NOMINALIA, has provided the credit card information at the time of purchasing the "trial" service, expressing an interest in acquiring the service and not having notified NOMINALIA of the change of criteria before expiration of the trial period. In this case, on expiry data of the NOMINALIA trial period will be charged to the Client’s credit card and with intervention of the payment management company for the amount corresponding to the services purchased by the Client.


5. 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 is permanently updated. Unless otherwise indicated, prices include taxes and fees and if applicable, all additional transportation costs, delivery, post office fees, return costs or any other that may apply. The minimum term of validity of the contract is one year, unless otherwise agreed or indicated explicitly otherwise, and the Client’s obligations, in addition to legal obligations, are 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 Conditions. By clicking the check box corresponding to the Purchase Order, the Client accepts the Service Order or Specific Conditions, as well as these General Conditions, agreeing to pay for the service order with payment obligation.


Payment methods available with NOMINALIA:

- Credit card
- Bank transfer order
- PayPal
-Deposit: https://www.nominalia.com/quienes-somos/modalidades-de-pago/?lang=en


In order to make credit card payments, the client 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 a manner and pursuant to the security measures, limitations and rights established in the prevailing data protection laws.

Generally, payments will be made once yearly, in the absence of a different arrangement.

If the order number is not specified when making the payment where such data is required, NOMINALIA will not be liable for any unwanted consequences.

Payments must be made in due time and according to the terms chosen by the Client. 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 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 within 20 days of the expiry date, NOMINALIA reserves the right to refund the amount that you have paid to reserve the domain.

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 made. The outstanding 25% will be charged as domain name management and transaction costs.

In case of domain name denial by the Registry during the validation proceedings, NOMINALIA will refund 75% of the payment made. The outstanding 25% will be charged as domain name management and transaction costs.

If applicable, NOMINALIA will refund the payment by bank transfer to the account number provided by the client or to the credit card, depending on the payment procedure used by client.



II: OTHER CLAUSES RELATING TO THE SERVICE

6.- DATA PROTECTION


Personal data collected during the registration process and payment for services of NOMINALIA (a Register Group Company - http://www.registergroup.eu -) are stored in electronic databases to which it has title, located in Florence (Register S.p.A. with registered office in viale della Giovine Italia 17, Florence, CAP 50122. NOMINALIA undertakes to protect its users’ privacy at all times. The NOMINALIA website (privacy and cookie policy) provides information about the privacy policy and enables you to understand how your personal information is processed when you use our services, and allows you to give your duly informed, voluntary consent to the processing of your personal data. You are reminded that in the different sections of the NOMINALIA website where we collect your personal data, specific information is provided in accordance with the Article 13 of EU Regulation 2016/679 (hereinafter: “Regulation”) which you must read before providing the data requested. The information and data you provide or which are otherwise acquired during your registration or subscription for NOMINALIA services (such as: registration of domain names, e-mail accounts, provision of certificates, provision of Web space, hosting services, provision of other ancillary services; herein, together, the "Services"), will be treated in accordance with the applicable regulations and with NOMINALIA's confidentiality obligations. In accordance with the Regulation, NOMINALIA shall process your personal data based on principles of legality, correctness, transparency, purpose and restricted data retention, minimal data, accuracy, integrity, and confidentiality.



The services are usually activated no later than 24 hours after closing the agreement. Once closing is completed and the service has commenced, the Client or end user has no further right to withdraw. As an exception, registry of domains .es is immediately activated (for information purposes: the managing entity Red.es does not allow cancellation of domains except by direct order issued by the administrative contact for the interested party of the .es domain.).


If the Client wishes to exercise his/her right to withdraw, where applicable, NOMINALIA recommends using the forms published as attachments to Law 3/2014, issued 27 March.


7.- PROCESSING OF PERSONAL DATA

In relation to the processing of personal data relating to the Client, NOMINALIA will act as data controller for administrative, billing and general management purposes of the contractual relationship with the Client, for the purposes of protecting their interests and fulfilling obligations. laws to which NOMINALIA is subject (for example, the rules on the conservation of traffic data), as well as in reference to the processing of personal data related to some Services such as the registration and/or management of domain names, such and as described in detail in the privacy policy available at the following link:
https://www.nominalia.com/quienes-somos/condiciones-legales/cookies/?lang=en


With reference to the provision of Services that provide for the processing of personal data on behalf of the Client, the Client usually acts as data controller, unless he or she acts as data processor on behalf of a third party acting as data controller or data processor. processing itself, while Nominalia usually acts as data processor on behalf of the Client, in accordance with the instructions issued by the Client and detailed in writing in the "Standard Data Processing Agreement" (standard DPA) available at the following link and which, where appropriate, should be considered an integral part of the General Conditions of Service (CGS).

If the Client intends to customize the content of Annex 1 of the "Standard Data Processing Agreement" Standard Data Processing Agreement", it is possible to download the "Editable Version of the Data Processing Agreement.pdf" at the following link. In In this case, the Client undertakes to complete and sign the corresponding contract, and send it to dpo@nominalia.com


8.- RIGHT OF WITHDRAWAL

The services are normally activated no later than 24 hours following their firm contract. Once the service has been contracted and its provision has begun, there is no right of withdrawal in favor of the client or final consumer. As an exception, .es domain registration services are immediate activation (for information: the managing entity Red.es does not allow their cancellation except by direct order from the administrative contact of the .es domain in question).

If you want to exercise the right of withdrawal, when applicable, it is recommended to use the forms published as part of Law 3/2014, of March 27.


9.- COMPLIANCE WITH EU REGULATION No. 2022/2065 - DIGITAL SERVICES LAW

1. NOMINALIA INTERNET S.L.U. (hereinafter referred to as "NOMINALIA"), including its subsidiaries, adheres to the measures set out in EU Regulation No 2022/2065 - Digital Services Act (hereinafter referred to as "DSA"). Users are responsible for the content they upload, share or make available on our services. Any content that violates the DSA or other applicable law or our Terms and Conditions may be subject to removal, and users may be subject to account suspension or cancellation also at the initiative of NOMINALIA. See also clause 13 of these General Conditions.

2. NOMINALIA will cooperate with relevant authorities as required by relevant regulations and the DSA, including providing information (including personal data) and assisting in investigations. The single point of contact for the authorities of the Member States and the Commission and the European Council for Digital Services will be reachable, in English or Spanish, at the following email address: abuse@NOMINALIA.it.

3. If any person or entity becomes aware of the presence in the NOMINALIA service of specific elements of information and/or content that the person or entity considers illegal content, the person or entity may contact NOMINALIA at its point of contact. unique to the following email address: abuse@NOMINALIA.it and send a report that meets all the following requirements, in accordance with article 16 of the DSA:

(a) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question is unlawful content; and

(b) a clear indication of the exact electronic location of such information, such as the exact URL(s) and, if necessary, additional information allowing identification of the unlawful content tailored to the type of content and the specific type of hosting service; and

(c) the name and email address of the person or entity submitting the notification, except in the case of information considered to involve one of the offenses referred to in Articles 3 to 7 of Directive 2011/93 /EU, and

(d) a statement confirming that the person or entity submitting the notification has a good faith belief that the information and allegations contained therein are accurate and complete.

Once NOMINALIA receives a report, it will send an acknowledgment of receipt to the person or entity without undue delay.
In addition, the report will be considered to give rise to NOMINALIA's actual knowledge or awareness regarding the specific item of information in question, so that NOMINALIA will be able to make a decision on those in which the report meets the four aforementioned requirements. and allows a diligent hosting service provider to identify the illegality of the activity or relevant information without detailed legal examination (hereinafter "Report").

4. In the case of Reports that meet the aforementioned requirements, NOMINALIA will notify said person or entity without undue delay, also considering the case itself and its complexity, of its decision regarding the information to which the Report refers (as hereinafter, "explanation of reasons").

5. If the person or entity does not agree with NOMINALIA's decision, they may contact NOMINALIA again, at the following email address: abuse@NOMINALIA.it, giving reasons for disagreement with NOMINALIA's decision. NOMINALIA will examine the request and inform the person or entity of its final decision. Without prejudice to the foregoing, the person or entity may also report the allegedly illegal content or activity to public authorities in defense of their rights.


III. CONTRACTUAL CHANGES, RESPONSIBILITIES, AND INTELLECTUAL PROPERTY


10 - CHANGES IN THE GENERAL CONDITIONS OF SERVICE AND/OR THE SERVICE ORDER:


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 at least 30 calendar days’ notice.

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 this term has elapsed, the Client continues to use the services provided by NOMINALIA.

The Client has the right to cancel a SO or the GCS applicable at that time by sending the corresponding notice to NOMINALIA within the 30-day term.


11 - USE OF THE SERVICES AND CLIENT LIABILITY:


The Client undertakes to act loyally and in good faith during the rendering of the contracted services. Similarly, the Client 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 Clients.

The Client 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.
The Client accepts sole and exclusive liability derived from the choice of the domain name and from its further maintenance.

The Client accepts that the registration of the domain name is for legal purposes.

The Client accepts liability for all consequences of any problem related to the right of use of the domain name.

The Client 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 are the sole and exclusive responsibility of the Client. NOMINALIA will not be held liable 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 email addresses, disinformation by negligence of the client or login and improper use and storage of passwords, all these being the sole and exclusive responsibility of the Client.

Some of the services provided by NOMINALIA published or included in the corresponding Web access via a chat in real time, of general access (whether or not a NOMINALIA client).

This Chat allows Users to ask questions in real time about NOMINALIA service and products, even prior to recruitment of any particular service by the user. Personal data provided by the user to activate the Chat and/or during the handling of the same is incorporated into a file called "Clients" for which NOMINALIA is responsible. A third party by the name of Zendesk is liable for processing this data and access to its own privacy policies is available in the start window of the Chat. Acceptance of these Terms and Conditions/Service Order implies acceptance of this processing. The purpose of this processing is to resolve users’ questions and doubts about the service and products about which queries can be made in the Chat and to keep a record of the enquiries made and the solutions provided. Users may, at any time, exercise their rights of access, rectification, cancellation, and others vis-a-vis NOMINALIA. The NOMINALIA data protection policy, referred to in Section II of this document and available at https://www.nominalia.com/quienes-somos/condiciones-legales/cookies/?lang=en

The types of use indicated below (including reasonable suspicion towards the Client and/or its Users of the Network and/or the Services) are considered unacceptable use. Unauthorized use is considered a material breach of contract attributable to the Client. The Client agrees not to use the Services and the Network to store or distribute data that:

1. contain or refer to malicious content (such as viruses, malware, or other harmful software);

2. infringe the rights of third parties (such as intellectual property rights), or are patently defamatory, harmful, threatening, abusive, discriminatory, hateful or otherwise objectionable;

3. Incite or facilitate criminal or fraudulent conduct;

4. contain hyperlinks or references to (repositories of) material that infringes intellectual property rights;

5. contain any form of pornography or are apparently intended to help others find such material,

6. constitute a violation of the privacy of third parties, including, in any case, but not limited to, the processing of personal data of third parties without consent or without any other legal basis;

7. contain unsolicited, unauthorized or illicit advertising, promotional material, spam and junk mail,

8. hinder other customers of the Provider or third parties or cause damage to the systems or networks of the Provider or third parties.

All of the above is especially prohibited, and also:

- 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.

- 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.

The services described in these T&C may be subject to export controls/restrictions of the European Union and/or EFTA countries (collectively “Embargo Imposing Countries” - EIC -). Therefore, the services described herein shall not be re-exported, sold, transferred, or otherwise used to render services, etc. to Iran, the Russian Federation, the Republic of Belarus or specified Regions of Ukraine, in particular Sevastopol, Crimea, Zaporizhzhia, Luhansk and Donezk (collectively "Embargoed Countries"), or to or through a sanctioned national or resident of such countries. The Client acknowledges and agrees that the services may be subject to export controls of the European Union and/or EFTA countries (collectively “Embargo Imposing Countries”) as set forth herewith.

If the EIC cancel the re-export prohibition regarding the Embargoed Countries, the present re-export prohibition shall be automatically cancelled to the extent of the modified regulation and impacted Embargoed Countries.

If the Client or its end customers use or access the services in contravention of the rules set forth by the EIC, the Client shall be solely and exclusively responsible for this. Client undertakes to be fully compliant with all applicable laws, including without limitation the export and import regulations set by EIC.

The Client represents and warrants that none of the content or information acquired through the use of the services will be used for any harmful or illegal purpose, including, without limitation, any of the activities, supplies or services listed in the resolutions issued by the EIC, unless expressly authorized for such purposes by the competent governmental authority. Further, the Client undertakes to make sure that Client’s customers will also undertake to be fully abiding to the applicable regulations in this particular regard.

In general, the Client agrees not to use the Services for illegal purposes and not to violate any applicable national or international rules or regulations in any way.

The violation of any of the above prohibitions by the Client may result in the termination of its contract, due to non-compliance and without the right to compensation in favor of the Client. In the event that any action carried out by the Client directly or indirectly (including through its website or email) or by a third party as a result of negligence on the part of the Client, may result in damages or losses to NOMINALIA or any of its other clients. or users in general, or to third parties, NOMINALIA may immediately suspend or cancel the services provided to the Client, and/or close the offending Website, and/or immediately terminate the contract, all without the right to compensation in favor of the Client. NOMINALIA may inform the Client of this interruption and its causes by email.

The contents of the General Terms and Conditions that regulate the products associated with the contracted product or service (domains, hosting, email, servers, others) that can be find in and download from the following link:
https://www.NOMINALIA.com/quienes-somos/condiciones-legales/?lang=en

In all cases and independently of the service or services hired, the client is responsible for making its own backups and 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 medium or support prior to the cancellation of the Service. Moreover, NOMINALIA is not authorised by law to save/store contents (ad.ex. Law 25/2007).

Regarding the obligation to destroy data and retain data, this is subject to the legal obligations governing conservation of data, for example, the blocking of data.

See also, regarding illegal conduct or content, point 9 below.


12 –WHISTLEBLOWING:

NOMINALIA has a Complaints Channel available to its employees and third parties to comply with the corresponding regulations. It can also be used to communicate (presumably) illicit content:

https://www.nominalia.com/canal-denuncias/

NOMINALIA may, within the principles of good faith and diligence, carry out investigations on its own initiative on a voluntary basis, and/or adopt measures in order to detect, identify and remove illegal content or block access to it, and/or in general take the necessary measures to comply with the requirements of Union and national law.


13 – ILLEGAL CONTENT NOTIFICATION CHANNEL

Any natural or legal person may notify Nominalia about the presence on its Service (for example, on websites hosted on a server managed by or owned by Nominalia) of specific content that that natural or legal person considers to be or may be illegal content. .

Notifications may be sent to the Point of Contact and must contain: (1) an explanation of the reasons why the information in question is considered to be unlawful content; (2) a clear indication of the exact electronic location of that information, such as the exact URL(s) and, where applicable, additional information that allows the identification of illegal content adapted to the type of content and the specific type of hosting service of data; (3) the name and an email address of the person sending the notification, except in the case of information that is considered to involve one of the offenses referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4)) a responsible statement from the issuer, declaring to act in good faith and to be satisfied that the information and allegations contained in such notification are accurate and complete.

When the notification contains electronic contact information of the person sending it, Nominalia will acknowledge receipt in the shortest possible time, and will also notify its decision regarding the information provided in the shortest possible time, also giving the informant the opportunity to reply and indicating the deadline. for such a replica.


14 - COMMUNICATION BETWEEN THE PARTIES:

The relationship between the parties is that of a Client 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.


15 - INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS:

NOMINALIA is the owner of all trademarks, authors and property rights, know-how and all computer programmes related to the services provided by NOMINALIA. The Client is granted only a limited, non-transferable user right thereof.

NOMINALIA grants the Client, upon completion of the Service registration process and solely for the duration of the provision of NOMINALIA services to the Client in accordance with these General Conditions of Service, a non-exclusive, non-transferable, non-sublicensable, fully revocable and limited license to use NOMINALIA services. The sole purpose of this license is to enable NOMINALIA to provide the Customer with the services set out on its website and in NOMINALIA's General Conditions of Service.

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. In order to safeguard the purposes of this contract, the Client authorises NOMINALIA to make a back-up copy of the information provided during the term of this agreement.


16 - LIMITATIONS OF NOMINALIA'S LIABILITY:

NOMINALIA undertakes to act diligently and in good faith in its business relationship with the Client. NOMINALIA also undertakes to offer the best quality service at all times, in the absence of exceptional incidents or and/or incidents caused by third parties that are outside NOMINALIA's control and which may lead to the temporary or permanent suspension of the Service; and the integrity of the stored information on its servers, transferred by its system or via the Internet.

NOMINALIA has implemented the reasonably necessary required and updated security measures to prevent and avoid undesired access, loss of or corruption of data.

NOMINALIA cannot guarantee that the order placed by the applicant will be feasible.

NOMINALIA accepts no liability for possible errors or suspensions of the service caused or carried out by third parties, organisations or companies, including participants in all registry service processes, directly or indirectly by means of NOMINALIA.

The information that the Client is able to access through the access service is the responsibility of the party who develops the information. NOMINALIA will not be responsible in any case and under no circumstances for the content of third parties' information to which the client may have access, nor for damage that the Client may suffer because of such information, regardless of whether the information is accessed via direct or consecutive links, whose origin is on NOMINALIA web pages. The following are also considered resources beyond NOMINALIA's control:

- User programmes, texts, and data,

-newsgroups not moderated in the server

- newsgroups on other servers,

- chats

- FTP and Telnet accounts


The entrepreneur shall be jointly and severally liable acting as principle or agent that have acted on their own behalf.

NOMINALIA undertakes to use the best known technology and the best resources at its disposal to provide the Services. The Client agrees and acknowledges that NOMINALIA may not, in any way, be liable for delays or faults in the provision of the service due to causes beyond the reasonable control of NOMINALIA, such as, but not limited to: (i) force majeure; (ii) events dependent on third parties such as, inter alia, interruption or malfunction of telecommunications operators services and / or power lines or acts or omissions of the competent Registry Authority; (iii) malfunction of terminals or other systems, hardware or software, used by the client. In the event of a service interruption, NOMINALIA undertakes to restore the service as soon as possible. The Client also agrees that NOMINALIA cannot be held responsible or liable for the acts or omissions attributable to the Client and/or contrary to or in conflict with the obligations assumed by this in the sense of these General Conditions and/or Service Order, nor can it be held liable for malfunction due to defects in the necessary means for access to the Service, or improper use of the same and/or methods of access to the Service by the Client or third parties. NOMINALIA is responsible to the Client for direct and foreseeable damages caused by NOMINALIA as a result of its breach of Contract, but is not responsible for other damages that are not direct and foreseeable. When the loss suffered includes a series of related events, they will be considered in these terms as a single event.

NOMINALIA does not exclude or limit in any way its liability when it is illegal to do so. This includes liability for death or personal injury caused by
negligence of NOMINALIA or its employees, agents or subcontractors; or for fraud.

NOMINALIA is not responsible for trading losses. If the Client uses the products for commercial, business or resale purposes, NOMINALIA is not liable (the following list is merely illustrative) for lost profits, loss of business, business interruption, or loss of business opportunities. . Nor is NOMINALIA responsible for any damage or loss, whether direct or indirect, that the Client may suffer as a result of any virus, Trojan horse or other disabling device that affects the services or systems.

Client and NOMINALIA expressly exclude any rights of third parties who might otherwise have the right to demand compliance with the terms of the Contract as if they were a party to it.

The Services may be suspended, canceled or transferred at the request of the Competent Authorities.

NOMINALIA's liability towards the Client will in no case exceed an amount equivalent to the cost of the services paid by the Client in the last twelve months.


17 - EXPRESS CANCELLATION CLAUSE:


Article 1.124 of the Spanish Civil Code applies.

Furthermore, NOMINALIA may immediately terminate the Agreement by notice in writing to the Client, if this latter or any of its affiliates, its officers, employees, contract employees, directors and/or agents breach anyhow their obligation to comply with the re-export prohibition to the Embargoed Countries, stated by this Service Order as well as the applicable export control laws of Embargo Imposing Countries.


IV.- APPLICABLE LAW AND COMPETENT FORUM


18 - APPLICABLE LAW AND JURISDICTION


This agreement is subject to Spanish law and the Spanish courts.


Address for notifications / correspondence:

NOMINALIA INTERNET S.L.
Carrer d'Ulldecona, nº 21, 1ª Planta, 08038 Barcelona (Spain)


Client services telephone number: +34 93 288 40 62


Contact point (email): abuse@register.it

The preferential use of Spanish, Catalan or English is recommended for all communications addressed to NOMINALIA INTERNET S.L.


Last update: 22/02/2024