Terms and Conditions of the "Shared Web Hosting" Service

The following are the specific contractual conditions applicable to each Hosting solution purchased from Nominalia. These Service Contracting Conditions (hereinafter “SCC”) are an integral and substantial part of the General Service Conditions (hereinafter “GSC”). The GSC and these SCC set out the terms and conditions for the provision of the Hosting service (hereinafter, the “Service”) by Nominalia to the Customer, in all its possible variants and forms. Capitalized terms used in these SCC shall have the same meaning as defined in the GSC.
The commercial offer published online on the website: https://www.nominalia.com
 forms an integral part of these conditions.

1 - Service Description

The Hosting Service is activated immediately after purchase by clicking the corresponding button in the Control Panel, and consists of the provision, by Nominalia to the Customer, of disk space on a dedicated server used for web content exchange via http and/or https protocols. The specific technical data and Service details can be consulted on Nominalia’s website, in the product channel related to the Service in question. Nominalia does not provide any physical device directly to the Customer. Nominalia’s servers through which the Service is provided are located at BT Italia S.p.A in Settimo Milanese (MI), Darwin Street 85, and Namesco Ltd, Unit 2 Smallmead Road GB RG2 0QS Reading Berkshire United Kingdom.

The Service is offered through various solutions, each defined by particular technical characteristics. The available solutions are published in updated form on Nominalia’s website, indicating the technical differences and the corresponding commercial offer. Nominalia reserves the right to make promotional offers, even during the term of the contract, which will be published on the website; in such cases, the conditions and terms provided for each specific case must be examined, paying particular attention to memory space and traffic limits.

The choice of the operating system type (e.g., Linux or Windows) on which to activate the Service is the sole responsibility of the Customer, will be made at the time of purchase, and cannot be modified later. The Customer, therefore, assumes responsibility for the suitability of the chosen option in relation to their own needs or requirements.

2 – Service Usage Conditions

The Customer undertakes to use the Service in accordance with the GSC, especially Article 8; with these SCC; and with any applicable law at any given time.

2.1 – Association with a Domain Name

The Service is provided by Nominalia in association with the Domain Names that, at the time of Service activation:

are maintained by Nominalia as Maintainer, are managed in the same Control Panel in which the Service is activated, and use Nominalia’s DNS;

are maintained by Nominalia as Maintainer and Owner, provided free of charge by Nominalia, to test the Service even without a registered Domain Name;

are maintained by third-party providers that do not use Nominalia’s DNS.

2.1.1 – Service for Domain Names maintained by Nominalia

In the case of Domain Names maintained by Nominalia as Maintainer, the Customer agrees and acknowledges that if, during the term of this contract, they do not renew, transfer to another Maintainer, or change the DNS associated with the Domain Name from Nominalia’s to a third-party DNS, the Service will expire and all data stored/present in the space provided by the Service will be deleted by Nominalia. Therefore, it is the Customer’s sole responsibility to transfer the data to an alternative storage before cancellation due to non-renewal of the Domain Name or change of DNS to third-party providers.

2.1.2 – Service for free Domain Names offered by Nominalia

Nominalia provides the Customer with some third-level Domain Names (e.g., mysite.simply-webspace.es) to allow the Customer to test the Service even without an active Domain Name of their own. The Customer agrees and acknowledges that they will not have any ownership or priority rights over this Domain Name, which will remain, under all circumstances, the property of Nominalia. Nominalia also reserves the right to deactivate these Domain Names at any time, with prior notice, without any rights arising in favor of the Customer, particularly economic or compensatory. Upon deactivation, all Customer data present in the space provided by Nominalia will be deleted. Therefore, it is the sole responsibility of the Customer to transfer data to an alternative storage before deactivation.

2.1.3 – Service for Domain Names maintained by third-party providers

For Domain Names maintained by third-party providers and thus not maintained by Nominalia, the Customer must associate the purchased Service with the Domain Name they own at the other provider. The Customer agrees that if, during the term of this contract, they decide to associate the Service with a different Domain Name than the one indicated at the time of contracting the Service, the data entered up to that point will be automatically deleted, with Nominalia being exempt from any responsibility. In such cases, it is the Customer’s sole responsibility to transfer the data to alternative storage before making the indicated change.

The Customer may also transfer the Domain Name to Nominalia at any time, which will then become the Maintainer. Such an operation must necessarily be carried out by the Customer through the Control Panel managing the Service associated with the Domain Name. Even if the transfer request is made from a different Control Panel, the transfer order will be processed by Nominalia. If the Domain Name assignee approves the transfer, the Service activated on a different Control Panel associated with that Domain Name cannot continue and will be deactivated without notice. Data entered up to that point will be automatically deleted, with Nominalia being exempt from all responsibility, without prejudice to Nominalia’s right to receive payment for the complete Service.

Disclaimer: generally, NOMINALIA is not legally authorized to store content (Law 25/2007 and related and applicable laws). The Customer is solely responsible for the suspension, transfer, or cancellation of their domain names and any direct or indirect consequences thereof.

2.2 – Use of Service Resources

All data and content in the web space and databases provided by the Service are and remain the exclusive property of the Client. Consequently, the Client assumes full responsibility for such data and their content. The Client also bears sole responsibility for any operation performed in the web space or on the databases associated with the Service.

In the case of acquiring the Service on behalf of third parties, the Client will be responsible for the data entered by them into the web space provided through the Service.

Nominalia reserves the right to immediately suspend the Service if, in its unquestionable judgment or based on complaints from third parties, it determines that, based on acquired or acquirable evidence, the contents entered by the Client into the disk space or databases are being used in activities contrary to the law, in violation thereof, or contrary to mandatory rules, morals, these CCS, and/or the CGS. In such cases, following prior notice from Nominalia, the Client must immediately remove the cause of the complaint or provide documentation or evidence proving full compliance of the activity carried out with current regulations. Failure to respond authorizes Nominalia to immediately and without further notice suspend the Service provisionally. In the case of acquisition of the Service through third parties, Nominalia reserves the right to contact such third parties or Service users directly. If verification cannot be performed, Nominalia will have the right to interrupt the Service from which the illicit and/or unauthorized activity derives, without prejudice to the right to full payment for the corresponding Service and Nominalia's right to seek full compensation for any damages suffered.

2.2.1 – Disk Space and Content

The disk space limit specified in the offer published online on Nominalia’s website cannot be exceeded by the Client. If the Client exceeds this limit, Nominalia will suspend the Service until the Client either resizes the occupied space within the contractually specified limits or acquires a higher-tier Service plan with the corresponding operating system adaptation. In the absence of such adaptation, Nominalia cannot be held responsible for any malfunction of the website.

Nominalia offers, with certain plans, unlimited space. To ensure platform stability and prevent the disk from filling uncontrollably, Nominalia may, at its discretion, set a symbolic limit (250GB) on the client’s disk space. If the Client requires more space, they may request it free of charge from Nominalia’s Technical Support before reaching the stipulated limit. Technical Support will expand the available space as soon as possible.

The disk space associated with the Service must only be used to store content accessible via the website linked to the Service and/or files/libraries directly used by the web pages. Backup purposes, shared files via http/https/ftp, or any other form of data storage not provided through the website associated with the Service with appropriate http or https links are not considered valid uses under these CCS.

The following are examples of unacceptable use (illustrative, not exhaustive):

  • Video or photo files not published through the proper photo/video gallery software;
  • Webcam image files published via FTP every N minutes;
  • Backups of personal computer content;
  • Backups of your website in your web space;
  • Backups of your own database (except those made by Nominalia);
  • Backups generated by CMS plugins (WordPress, Joomla!, etc.) stored locally in your web space;
  • Backups of backups;
  • Uploads or downloads of files 100MB or larger; therefore, uploading or downloading files of 100MB or more may be technically impossible.


Other prohibited materials include:

  • Pedo-pornographic material;
  • IRC scripts;
  • Audio/Video Streaming;
  • Proxy scripts/Anonymizers;
  • Pirated software/warez;
  • Pages allowing links to pirated/warez material;
  • Pages exclusively listing downloadable files;
  • IP scanning;
  • Bruteforce scripts;
  • Mail-bombing/Spam scripts;
  • Blogs or forums allowing comments without moderation or verification of real users (e.g., CAPTCHA);
  • Material protected by copyright for which the Client has no publishing rights.


If the Client violates these obligations, Nominalia reserves the right to immediately interrupt the Service and terminate the contract for reasons solely attributable to the Client. The Client must comply with any technical instructions issued by Nominalia if programs or applications have been incorrectly introduced into the space. If the Client refuses to adopt such instructions or exceeds the space limit, Nominalia reserves the right to terminate the contract without any economic liability toward the Client.

The Client is responsible for files, software, and content in their space. If, by their own will, lack of updates, or coding errors, these compromise the system’s security, allowing intruders access or enabling direct or indirect damage to services provided by the system, Nominalia may intervene and suspend the Service immediately and without notice until the Client restores normal security conditions.

2.2.2 – Database Space

The database space limit in the offer published on Nominalia’s website refers to each database individually and cannot be exceeded. Exceeding this limit will result in Nominalia blocking access to the database of the operating system providing the Service until the Client resizes the space within contractually specified limits or acquires a higher-tier Service plan with the corresponding operating system adaptation. In the absence of such adaptation, Nominalia cannot be held responsible for website malfunctions due to blocked database access.

2.2.3 – HTTP, HTTPS, and FTP Traffic

The Service has a defined traffic limit in the offer, which cannot be added to the traffic Nominalia provides with domain registration. The traffic limit listed in the product sheet is understood as the sum of HTTP, HTTPS, and FTP traffic. In case of upgrades or downgrades to a different Service plan, the traffic limit will be the one specified in the new plan, not the sum of both plans. Exceeding the limit will result in suspension of the Service until the first day of the following month or until the Client acquires a plan with a higher traffic limit. Unused traffic from the previous month will not be added to the next month’s allocation.

The Client acknowledges that HTTP/HTTPS/FTP traffic is closely linked to website viewing and associated files. Nominalia may suspend the Service if traffic is used to distribute content deemed invalid under these CCS, in the paragraph “Disk Space and Content.”

2.2.4 – Server and Operating System Resources

For website display and general management, the Client shall not:

  • Exceed 20% of total server resources (CPU, RAM) for more than 60 seconds;
  • Exceed 100,000 files or directories (inodes) in the Service space;
  • Exceed 5,000 files (inodes) in a single directory;
  • Run standalone scripts (stand-alone command files), executed as daemons, not directly related to website distribution (excluding the “cron” function provided with the Service);
  • Execute queries on databases lasting more than 15 seconds;


Nominalia may suspend the Service and eventually terminate the contract under these circumstances without any economic liability toward the Client.

2.2.5 – Platform Migrations

The Client acknowledges that Nominalia may need to migrate the Client’s Service to a new platform of similar characteristics. Migration may cause service interruption proportional to the occupied disk space. Nominalia will provide reasonable prior notice of planned migration operations.

2.3 – Additional Services

Nominalia offers, free of charge with certain Service plans, the following additional services:

2.3.1 – Website Builder

The Website service allows the Client to create their own website without programming knowledge. Nominalia informs the Client that the Website service is tied to the pre-selected operating system. Therefore, if the Client switches from Windows to Linux or vice versa, data will be lost and cannot be recovered. Consequently, Nominalia, exempt from any liability, recommends that the Client back up data to an alternative storage before changing the operating system. In any case, the Website service is provided by Nominalia “as is,” without any express or implied warranty. The Client releases Nominalia from any liability in case of malfunction or data loss.

2.3.2 – Sitonline

To allow the Client to create their own website without programming knowledge, Nominalia provides the Sitonline software, downloadable via the Client’s control panel. Rates are indicated in the commercial offer on Nominalia’s website. The Client must comply with the Sitonline license terms available at http://www.sitonline.it/condizioni-generali
. The license is valid for installation on a single computer and prohibits decompiling, disassembling, or decoding the software. The Sitonline software is provided “as is,” without any express or implied warranty, releasing Nominalia and Sitonline from any liability. Any issues related to the software remain the responsibility of Sitonline as its owner.

2.3.3 – Softaculous/AppManager

To enable rapid installation of popular free scripts such as WordPress or Joomla! and quickly create a website, Nominalia provides Softaculous Inc. software under certain Service plans as AppManager, installed on Nominalia’s servers. The software is provided “as is,” without warranty, releasing Nominalia from any liability for malfunction or data loss caused by the software.

2.3.4 – Urchin

For advanced web statistics management, Nominalia provides Urchin software from Google Inc. under certain Service plans, installed on Nominalia’s servers. Through the web panel, the Client can monitor access statistics to their website. Urchin does not supply statistics for websites created with Sitonline, Website Builder, CloudSite, or Nominalia Ecommerce products. Urchin is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.5 – AWStats

For web statistics management, Nominalia provides AWStats software under certain Service plans, installed on Nominalia’s servers, enabling the Client to monitor website access statistics. AWStats does not supply statistics for websites created with Website Builder, CloudSite, or Nominalia Ecommerce products. AWStats is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.6 – phpMyAdmin

To manage MySQL databases, Nominalia provides phpMyAdmin software under certain Service plans, installed on Nominalia’s servers. The software is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.7 – myLittleAdmin

To manage Microsoft SQL databases, Nominalia provides myLittleAdmin software from myLittleTools (http://www.mylittletools.net
), under certain Service plans, installed on Nominalia’s servers. The software is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.8 – myLittleBackup

To create backups of Microsoft SQL databases, Nominalia provides myLittleBackup software from myLittleTools (http://www.mylittletools.net
), under certain Service plans, installed on Nominalia’s servers. The software is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.9 – cPanel

To manage Hosting product features, Nominalia provides cPanel software from cPanel, Inc. (http://cpanel.net/
), under certain Service plans, installed on Nominalia’s servers. The software is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.10 – WHM

To manage Hosting product features, Nominalia provides WHM software from cPanel, Inc. (http://cpanel.net/
), under certain Service plans, installed on Nominalia’s servers. The software is provided “as is,” without warranty, releasing Nominalia from liability for malfunction or data loss caused by the software.

2.3.11 – Backup and Restore via R1Soft or JetBackup

Register provides a backup service on a server separate from the hosting server. Backups are made daily for 7 consecutive days during nighttime hours. Backups ensure disaster recovery and are also available to the Client for their own data recovery. Nominalia commits to maintaining and managing backups diligently; the Client releases Nominalia from any liability in case of data loss during recovery. To manage cPanel account backups, Nominalia provides R1Soft software from R1Soft (http://www.r1soft.com/
) or JetBackup software from JetApps (http://www.jetbackup.com/
), installed on Nominalia’s servers. Both software solutions are provided “as is,” without warranty, releasing Nominalia from any liability in case of malfunction or data loss.

2.3.12 – Free SSL Certificate

If the hosting service includes a free SSL certificate, it will cease functioning once the hosting service ends. The Client acknowledges that the certificate can only be associated with the initially purchased hosting plan and cannot be exported to another service. Upon renewal of the hosting service with a free SSL certificate, Nominalia reserves the right to issue a certificate from a different Certification Authority or with partially different characteristics than the original. Nominalia also reserves the right to modify procedures for issuing or renewing SSL certificates to ensure proper service or comply with Certification Authority requirements. The Client agrees to comply with all contractual terms, policies, manuals, and regulations of the Certification Authority that issued the certificate. Depending on the issuer:
i) For certificates issued by Let’s Encrypt, the Client acknowledges having read and accepted the documentation at https://letsencrypt.org/repository/

ii) For certificates issued by Symantec, the Client agrees to the terms and conditions in Nominalia’s “SSL Certificates” service terms at https://www.nominalia.com/quienes-somos/condiciones-legales/ccs-certificados-ssl/
and the Symantec SSL Certificates documentation at http://www.symantec.com/about/profile/policies/repository.jsp

2.4 – Nominalia’s Responsibility

The Service is available 24/7, except during maintenance. Nominalia is not responsible for interruptions not caused by its gross negligence or willful misconduct. Nominalia may interrupt the Service for documented or evident security or privacy reasons, notifying the Client.

Nominalia is not responsible for malfunctions caused by factors beyond its technical control, including but not limited to:

  • Force majeure;
  • Third-party issues, such as telecom or electricity service interruptions or denial/omission of required Registration Authorizations;
  • Malfunction of client devices or other communication systems used by the Client.


2.5 – Complaints

The Client must report any Service irregularities via certified mail with acknowledgment of receipt within 48 hours. Failure to notify relieves Nominalia of any liability.

3 – Duration

These CCS, based on the Client’s selection during purchase or later via the Control Panel, may be annual or multi-year, without prejudice to “Service for Domains Maintained by Nominalia.” Renewal may be automatic or manual.

3.1 – Automatic Renewal

For automatic renewal with credit card payment, fees will be charged according to the “Rates and Payments” section and the conditions existing at the time of renewal, as indicated in the Control Panel, directly to the Client’s credit card, with prior email notification. If Nominalia cannot charge the card, automatic renewal will not occur, and the contract will expire. In this case, the Client can renew manually.

For automatic renewal with non-credit card payment, Nominalia will, 20 days before expiration and via email, renew the Service and issue an invoice. The invoice will also be accessible via the Control Panel. Failure to pay allows Nominalia to suspend the Service, except as provided in CGS Art. 6. All data in the Service space will be deleted without any liability.

3.2 – Manual Renewal

For manual renewal, the Client may request renewal via Nominalia’s online procedure. If not renewed, the Service will cease at expiration, and all data will be deleted without liability.

3.3 – Termination of the Contract

In the event of termination of the contract and/or in case the preceding Service Conditions no longer apply, in addition to the deactivation of the offer’s functions, all data present in the space provided with the Service will be deleted without any liability of Nominalia of any kind, for the non-maintenance and/or failure to save such data. It is therefore the Client’s responsibility to save the data to an alternative storage medium before the expiration date if they do not intend to renew the Service or allow it to expire without renewal.

4 – Rates and Payments

The fees for the requested Service are those indicated in the Offer. The Service is considered accepted from the moment the fee indicated in the Offer is paid. The renewal price will be the list price applied by Nominalia at the time of the Client’s request, as displayed in the Control Panel at that moment.