Hosting Services Contract

The purpose of this document is to define the Specific Contracting Conditions for the provision of Shared Hosting services (Hosting) that will be specified later, and are considered a supplement to the General Contracting Conditions published and in force at any time on the website www.dondominio.com. Both these Specific Conditions and the General Contracting Conditions will be understood to be expressly and jointly accepted upon contracting the services offered on www.dondominio.com. In case of any discrepancy between these conditions and the general conditions, the specific ones will prevail.

The General and Specific Conditions, together with additional information about the technical and/or economic characteristics of the product or service contracted by the Client and the Personal Data Protection Policy published on DonDominio's website, constitute a cohesive set that binds the parties.

1. Identification of the parties signing this agreement.

1.1. On one side, the entity SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter identified by the trade name "DonDominio"), with N.I.F. number B57333601 and domiciled at C/ Menestrals, 14, Manacor-07500, Illes Balears, Spain, Limited Liability Company incorporated in Palma de Mallorca before the Notary D. Víctor Alonso-Cuevillas Sayrol, registered in the Mercantile Registry of the Balearic Islands, Volume 2120, Folio 0, Book 173, Sheet PM-50105.

1.2. On the other side, the contracting party (hereinafter, "Client"), a natural or legal person who fills out the contracting form enabled for this purpose on the DonDominio website and who, in doing so, declares that they know and freely accept, after being informed about the technical and economic characteristics, its operation, the General Contracting Conditions, and these Specific Conditions.

1.3. These General Conditions may refer to a “party” or the “parties” to designate individually or jointly DonDominio or the Client.

2. Definitions.

2.1. Domain Name: set of characters that, through the DNS, identifies an address (IP) on the Internet. A given server may have more than one Domain Name, but a given Domain Name is only attributed to one server.

2.2. IP (Internet Protocol): Protocol for communication in a network through packet switching.

2.3. Servers: computer equipment owned or leased by DonDominio where the data and information that the Client enters into the Hosting Plans offered are stored or hosted.

2.4. Hosting Plans: space on DonDominio's property servers, where the domain name and hosted content of the Client are located, administering them the resources and applications of the plans offered by DonDominio and which are updated on DonDominio's website. The Hosting Plans governed by these Specific Conditions offer shared hosting on DonDominio's servers, i.e., multiple websites of different Clients are hosted on the servers and resources owned by DonDominio.

2.5. Control Panel: tool developed by DonDominio where the Client manages the resources and applications that the Hosting Plan offers.

2.6. Client Area: tool developed by DonDominio that is assigned to each Client and allows them, among other actions, to contract and manage their products, consult issued invoices, update their billing data, access the control panel and make authenticated requests, such that each order triggers the technical and administrative actions necessary for the development of the required action.

2.7. Personal data: any information about an identified or identifiable natural person ("the data subject"); an identifiable natural person is considered any person whose identity can be determined, directly or indirectly, especially by means of an identifier, such as a name, an identification number, location data, an online identifier, or one or more elements specific to the physical, physiological, genetic, psychic, economic, cultural, or social identity of that person;

2.8. Processing: any operation or set of operations performed on personal data or sets of personal data, whether by automated means or not, such as collection, registration, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or any other form of provision, reconciliation or interconnection, restriction, erasure, or destruction;

2.9. (The Client), Data Controller or "controller": the natural or legal person, public authority, service, or other body that, alone or jointly with others, determines the purposes and means of processing;

2.10. (DonDominio), Data Processor or "processor": the natural or legal person, public authority, service, or other body that processes personal data on behalf of the data controller;

3. Object

The purpose of this document is to define the Specific Contracting Conditions for the provision, access, and use by the Client of the services (Plans) of Shared Hosting that will be specified later, as well as the conditions and form of Client's remuneration to DonDominio for the provided service.

4. Hosting Plans regulated by these Specific Conditions.

The conditions set out in this contract will apply to the following Hosting Plans:

4.1. Hosting Plans

• Redirection and parking
• Mini
• Mail
• Mail Plus
• Mail Pro
• Basic
• Professional
• Advanced
• Corporate

Similarly, these conditions may apply to any other Hosting Plan that DonDominio could develop in the future, that meets the shared hosting characteristics on servers owned or leased by DonDominio and that is not included in the above list.

4.2. DonDominio's website, in Hosting, contains updated information on the technical characteristics of each Plan. In any case, the resources and applications available to each Hosting Plan will be those found published on DonDominio's website at any time.

4.3. DonDominio reserves the right to modify the characteristics and conditions of the Hosting Plans regulated in these Conditions, in accordance with the provisions in the General Contracting Conditions. In any case, any change affecting the Hosting Plans or affecting these Conditions will be understood to be notified with the publication of such changes on DonDominio's website.

4.4. The Client may at any time contract any other superior Hosting Plan to the one previously contracted from their client area, paying the proportional part left to consume of the new Plan. The upgrade to a new Hosting Plan does not involve any change in the expiration date of the previously contracted Hosting Plan. A change to a lower Hosting Plan in resources and prices can only be made at the time of renewing the previously contracted service.

4.5. In order to contract a Hosting Plan, the Domain Name must be managed by DonDominio.

4.6. During the thirty (30) day warranty period provided in clause 7 of this contract, the Client may associate the Hosting Plan with a new Domain Name registered on our platform. Once this period has elapsed, the Client may not link the contracted Hosting Plan to any other Domain Name. In case of opting for this possibility, the Client must bear in mind that it implies the complete loss of the data or content hosted up to that moment, so before proceeding with the change, the Client must safeguard the data or content that had been hosted up to that moment under the contracted Plan.

4.7. All Hosting Plans commercialized by DonDominio and mentioned on its website or in this contract are offered under the LINUX operating system. The Client can manage and administer the resources and applications owned by the contracted Hosting Plan, using the "Control Panel" tool.

4.8. In those Hosting Plans that have applications selected by DonDominio, such as WebFTP, WebMail, or for the creation of websites, the Client agrees to respect the terms of the licenses of each of these applications. The applications are delivered as is, and no claims will be accepted regarding them. DonDominio will not provide functional or technical support on these applications beyond the support already provided for the contracted Hosting Plan.

DonDominio is not responsible for the correct functioning, security, and/or compatibility of the offered applications, as they may interfere with other programs that the Client may have already installed on their Hosting Plan.

DonDominio reserves the right to offer the version of the applications it deems most appropriate, as well as to modify, at any time, the applications available for each Hosting Plan based on new versions or detected vulnerabilities, without needing to notify the Client of these changes.

4.9. Limitation due to excess transfer: DonDominio, in order to guarantee the highest quality of service, limits the monthly transfer volume of the Hosting Plans to the capacities contracted by the Client. The Client can consult their consumed transfer volume in their Client Area using a tool provided for this purpose. The Client can also monitor the transferred flow through statistics accessible from the control panel.

4.10. It is the Client's responsibility to properly manage the monthly transfer volume they have contracted to avoid exceeding it, adopting the technical measures they consider appropriate in the management and administration of the Hosting Plan service as well as in the management of the specific hosted content.

4.11. When technically possible, DonDominio will try to warn the Client of possible traffic excesses through notifications in the Client Area or by email provided by the Client for billing purposes. However, this alert system does not replace the Client's responsibility to properly manage their service quota, as due to the technical specifications of the platform, its real-time operation is not guaranteed and the notices sent to the Client may reach them after the detection of the excess transfer.

5. REASONABLE USE POLICY

5.1. The Client acknowledges and accepts that the use of the Web Hosting Service provided by DonDominio is subject to this Reasonable Use Policy (hereinafter, "the Policy"). The objective of this Policy is to ensure the integrity, security, and operation of the Web Hosting Service, as well as to protect system resources and ensure a fair and equitable user experience for all clients.

5.2. Although DonDominio may commercialize some Web Hosting plans with the highest characteristics, features, or capacities available at any time, the Client understands that the service is subject to certain reasonable limits to ensure proper operation and a fair distribution of resources among all clients. These limits are established based on the reasonable and typical use of a Web Hosting service.

5.3. DonDominio reserves the right to monitor and limit the use of system resources, including, but not limited to, bandwidth, disk space, memory, and processor capacity, to ensure compliance with this Policy. If DonDominio determines, at its sole discretion, that the Client is using the Web Hosting Service in a way that violates this Policy, DonDominio may take corrective action, including, but not limited to, limiting, suspending, or interrupting access to the Web Hosting Service, as well as asking the Client to reduce their use of the Service.

5.4. Similarly, DonDominio, to guarantee the highest quality of service, limits the monthly transfer volume of the Hosting Plans to the capacities contracted by the Client. The Client can consult their consumed transfer volume in their Client Area using a tool provided for this purpose. The Client can also monitor the transferred flow through statistics accessible from the control panel.

5.5. It is the Client's responsibility to properly manage the monthly transfer volume they have contracted to avoid exceeding it, adopting the technical measures they consider appropriate in the management and administration of the Hosting Plan service as well as in the management of the specific hosted content.

5.6. The Client agrees not to use the Web Hosting Service to: 5.6.1. Generate data traffic or system resource consumption that, according to DonDominio, is excessive or negatively affects other clients, DonDominio's network, or the quality of the Web Hosting Service. 5.6.2. Engage in activities that violate any applicable law or regulation, including, but not limited to, copyright, intellectual property, data protection, and privacy laws. 5.6.3. Participate in activities involving sending unsolicited email, spam, phishing, brute force attacks, DDoS attacks, malware, viruses, or other malicious programs. 5.6.4. Use the Web Hosting Service to store, distribute, or transmit illegal, defamatory, obscene, offensive, discriminatory, threatening, or hate-inducing material. 5.6.5. Use the Web Hosting Service for activities that may harm the reputation of DonDominio, its employees, directors, partners, or suppliers.

5.7. Since Hosting Plans are sharing equipment, DonDominio will have technical standards that must be respected by the CLIENT when developing and/or administering their Hosting Plan. Failure to observe this obligation may allow DonDominio to suspend or terminate at any time and without prior notice the provision of services to the Client if they are considered to be carrying out activities that may affect other clients and/or endanger – directly or indirectly – the integrity of DonDominio's infrastructure and/or services.

5.8. DonDominio reserves the right to modify this Policy at any time and without prior notice. The Client is responsible for periodically reviewing this Policy to be aware of any changes. Continued use of the Web Hosting Service by the Client after any modifications to this Policy constitutes acceptance of such modifications by the Client.

6. Extended Support for Software Versions.

6.1. Hosting Plans include, at no additional cost, versions of software components (programming languages like PHP, databases, system libraries, and the like) that have current official support. The Client can select and modify the version applicable to their Hosting Plan from the Control Panel, free of charge, provided it is a version with current official support.

6.2. When a software version included in the Hosting Plan reaches its official end-of-support date, established by its provider or official community, it will no longer be considered a supported version for the purposes of this contract. The official end-of-support dates are public and accessible on the official pages of each component; for PHP, for example, at https://www.php.net/supported-versions.php.

6.3. From the end-of-support date, the Client can:

a) Freely update from the Control Panel the affected version to a version with current official support. The Client is responsible for verifying the compatibility of their developments with the new version and conducting the tests they deem appropriate before updating.

b) Maintain the end-of-support version through the activation of the Extended Support Service described in section 6.4, assuming the corresponding cost.

6.4. Through the Extended Support Service, DonDominio maintains operative versions of software that have reached the official end-of-support, ensuring the operational continuity of Hosting Plans that maintain such versions. The Service does not include official support from the original community or provider, compatibility guarantee with new features, or support on the application code developed by the Client or by third parties for the Client. The Service fees are structured based on the age of the affected version, according to the current fees published on DonDominio's website. Billing is done on an annual basis.

6.5. DonDominio will notify the Client about the proximity of the official end of support for any software version included in their Hosting Plan according to the following schedule, expressly identifying the affected version, the official end-of-support date, the options of section 6.3, and the cost of the Extended Support Service:

a) Initial communication ninety (90) days in advance.

b) Successive reminders forty-five (45), fifteen (15), and seven (7) days in advance.

The communications will be made simultaneously via email to the address provided by the Client for billing, persistent notification in the Control Panel, and an informational banner in the Client Area from thirty (30) days before the end of support until the Client makes an effective choice.

6.6. If, by the official end-of-support date, the Client has not expressly opted for any of the options in section 6.3, the Extended Support Service will be automatically activated for the affected Hosting Plan, to ensure its operational continuity. The activation will be notified to the Client by email and in the Control Panel, indicating the applicable rate and the start date of the accrual.

6.7. After the automatic activation of the Extended Support Service, the Client will have a grace period of thirty (30) calendar days during which they can:

a) Freely update the affected version to a version with current official support. Updating alone does not involve unsubscribing from the Extended Support Service, which remains active allowing the Client to revert back to the previous version in case of incompatibility or technical need. To unsubscribe from the Service, the Client must request it expressly according to section 6.8.

b) Cancel the Extended Support Service following section 6.8, with a refund of the amounts already invoiced as part of it.

This grace period is additional and independent of the warranty period provided in these Specific Conditions for the Hosting Plan resolution.

6.8. The Client can cancel the Extended Support Service at any time from the Control Panel, without penalty, effective at the end of the current billing period. The Client expressly acknowledges and accepts that, while the Service remains active, they can freely select from the Control Panel any software version covered by the Service, including those outside of official support, and revert version changes in case of incompatibility. Once the Service is effectively canceled, the Client will not be able to use versions outside of official support again. The cancellation of the Service may determine, at DonDominio's choice according to the technical circumstances, the update of the affected version to a version with current support or the interruption or suspension, in whole or in part, of the website, developments, or Client platform that depends on that version, for infrastructure security reasons in accordance with section 5 of these Specific Conditions. This measure will exclusively affect the components of the Hosting Plan that require the obsolete software version to operate, keeping the other services included in the Plan, in particular, email, unaffected databases, and other resources independent of that version, operational. The Client expressly acknowledges and accepts that updating the version may, by itself, cause errors, loss of functionality or total or partial inoperability of the website, developments, or platform, resulting from the incompatibility of their code with the new version, being in any case the exclusive responsibility of the Client to verify and adapt such compatibility.

6.9. DonDominio may unilaterally terminate the provision of the Extended Support Service, with thirty (30) days' notice to the Client, when critical non-remediable vulnerabilities arise that compromise the security of the shared infrastructure or the normal operation of the service, according to section 9.5 of these Specific Conditions. In such a case, DonDominio will refund the Client the proportional part of the annual price not consumed, calculated as per the criterion set out in section 6.8.

7. Prices and payment method.

7.1. The prices of the shared Hosting Plans included in these Specific Conditions will be those reflected at any time on DonDominio's website Productos and will be the applicable ones at the time of contracting.

7.2. Payment for the services under this contract is in advance and DonDominio will accept the following payment methods:

• Credit/debit card
• PayPal
• Bank Transfer

7.3. The service provision period is annual, therefore the Hosting Plan will be charged annually and DonDominio will only commence service provision once payment is received.

7.4. All prices appearing on DonDominio's website, mentioned in the various sections of this contract, are subject to the corresponding taxes. DonDominio will issue the corresponding invoice detailing all the items that make up said invoice.

7.5. In case of return of any invoice presented for collection, DonDominio will apply an additional cost of 3 euros per return attributable to the Client. In the event of persistent collection issues, DonDominio, without prior notice, reserves the right to suspend service provision until the resolution of these issues. If after the prior notice and suspension of the Hosting service provision, the Client does not make the pending payment, it will cause definite service termination, with the consequent deletion of data and without right to claim, for breach of contract on their part. This will prevent the Client from contracting new services with DonDominio, canceling their Client account, and all contracted services.

7.6. In cases where, in accordance with the provisions of these Conditions, there is an excess of the initially contracted monthly data transfer volume by the Client, the Client may choose between suspension of the service during the month in which said excess occurred or payment of the resulting excess amount calculated at the base price of 0.50 euros per each additional GB segment. DonDominio has set up an alert system that automatically notifies the CLIENT of traffic excesses occurring in their hosting plan. In any case, the website will be operational at the start of the new month.

7.7. At the end of the current month, an invoice will be generated for the excess monthly transfer volume that the Client must pay within ten (10) calendar days after the invoice date. If the Client does not assume this payment within the indicated period, service provision will be suspended, with prior notice, until payment of said invoice.

7.8. If the Client requests a refund of their "Account Balance," a bank transfer will be made, unless it can be refunded using the same payment method used for the insertion, to the account number indicated by the Client themselves, deducting 3 Euros as management fees for the refund operation. If "Account Balance" has been consumed and a refund is requested, it will be made after 60 days, from the last insertion date of the Balance.

8. Effective Date, Duration, and Renewal.

These Conditions will take effect on the day DonDominio proceeds to activate the contracted service once the Client has requested it through the contracting form and has paid the service price in question.

8.1. These Conditions will have a one-year duration from the formalization of the contract. The Client will be notified of the need to renew the service when the expiration date approaches. Once the renewal invoice is paid, the service will be extended for another year.

8.2. If the CLIENT does not renew the service, the services will be in a retention period for thirty (30) days, except for services linked to a .es domain or third-level under .es, which will be retained for ten (10) days. Once the indicated days have elapsed, all data corresponding to the contracted Hosting Plan will be deleted.

8.3. During each renewal period, a copy of these Conditions will not be sent, it is always understood that the version published at that time on DonDominio's website is in force, which will be the most current version.

8.4. The voluntary termination of a service, occurring prior to the expiration of the service provision period already paid by the Client, does not imply a refund of the unused proportional part.

8.5. The Hosting Plans are linked to a domain name whose Registrar Agent is SCIP (DonDominio). Any decision or action by the Client that effectively means that SCIP (DonDominio) ceases to be considered the Registrar Agent of the domain in question will imply the cancellation of the Hosting Plan, which is considered a voluntary termination by the Client of the service and therefore without the right to a refund of the unused proportional part.

8.6. The complementary services to the contracted Hosting Plan can be activated or deactivated at any time while the Hosting Plan is active and up to date with payments; however, if a resource or application has an additional monthly cost, deactivating it before the paid month expires does not result in a refund of the unused proportional part.

9. Guarantees and Right of Withdrawal.

9.1. In relation to the provisions of the Spanish regulations for consumer and user protection and Directive 2011/83/EU of the European Parliament and the Council of October 25, 2011, on consumer rights, the Client is informed, and they expressly accept that, given the characteristics of the contracted services and the automated procedures used, there is simultaneity between the request for the service and the start of the contract's fulfillment, as well as a personalization of them (domain name choice). In this sense, once DonDominio has started fulfilling the provision of the service in question, the Client will not be able to opt for withdrawing from the contract made.

9.2. Without prejudice to the provisions of the previous paragraph, if the Client is not satisfied with the contracted services, they will have a period of thirty (30) calendar days from the initial activation date of the Hosting Plan to resolve this contract without incurring any penalty or expense. If the Client decides to terminate the contract within this period, DonDominio will refund the Client the amount paid for the Hosting Plan.

9.3. This period will not apply to contract renewals. If the Client decides to terminate the contract outside the period referred to in this section, they will lose the right to any refund for the voluntary and early termination of the contracted Hosting Plan.

10. Obligations and responsibilities of DonDominio.

10.1. DonDominio cannot commit to guaranteeing that the availability of its servers will be continuous and uninterrupted during the service validity period, due to improvements in the services themselves, problems in the Internet network, failures, technical repairs or maintenance tasks on server equipment, power outages, or data line interruptions, and other possible similar and unforeseen contingencies. Therefore, the Client agrees to bear within reasonable limits risks and imperfections or unavailability of servers and expressly waives any liability claims, contractual or extra-contractual, damages to DonDominio for potential failures, slowness, or errors in accessing and using the contracted Hosting Plan that would originate from the aforementioned causes.

10.2. DonDominio is not responsible for what is exclusively attributable to the Client. Access and use of the Hosting Plans is the sole responsibility of the Client, in such a way that DonDominio is not responsible in any way (neither directly nor subsidiarily) for any direct or indirect damage that the Client may cause to third parties.

10.3. DonDominio will assume no responsibility for actions that users, created and authorized by the Client, may perform. Similarly, DonDominio will not be responsible for orders executed according to the requests that those users may make through the Client Area.

10.4. DonDominio will perform server data backups. However, in the case of accidental data deletion, total restoration cannot be guaranteed, as data may have changed between the last backup and the deletion. The Client commits to keeping a backup of domain files on their own to restore them if necessary, being solely responsible for performing the backup.

The contracted Hosting Plan does not include in the price the restoration of content saved through backups made by DonDominio when this loss is caused by the Client; restoration is only included in the Plan price when the content loss is attributable to DonDominio.

10.5. The Hosting Plans are sharing equipment with other services of a similar nature. For this reason, DonDominio reserves the right to suspend, partially or completely, the provision of the service in question in case it detects excessive memory consumption, CPU, or any other alteration that slows down the server on which it is hosted, in such a way that it harms or detracts from the provision of the service or the rights of clients or third parties sharing the server with it.

10.6. DonDominio is exempt from liability for the consequences of a lack of operational email from the Client or of not notifying the change of address, as well as for disinformation claimed by the Client due to their own negligence in keeping this information active.

10.7. In addition to the circumstances set out in the General Contracting Conditions, DonDominio is not responsible, in particular for:

• The content hosted in the space assigned to the Client by the Hosting Plan.
• Errors produced by access providers.
• Virus contamination on their computers, whose protection is the Client's responsibility.
• Intrusions by third parties into the Client's Plan even if reasonable protection measures have been established.
• Incorrect configuration by the Client.
• Damage to equipment (Client's terminals) or misuse (Client's responsibility).
• The Client's non-compliance with personal data protection regulations regarding their activity and related to the provision of the service in question.

10.8. DonDominio will not be responsible or accept claims from the CLIENT or third parties for the rejection of any legitimate email message due to the nature of anti-spam systems, due, among other reasons, to possible concurrence with external technical means that the CLIENT may possess.

11. Obligations and responsibilities of the Client.

11.1. The CLIENT must pay the remuneration detailed in clause 5 of these Conditions within the indicated period; failure to do so, DonDominio is not responsible for the suspension, or definitive cancellation of the affected services, or any loss or damage this generates for the Client.

11.2. The Client expressly consents to the sending of invoices related to the contracted service through telematic means, as indicated by current regulations in this matter.

11.3. The CLIENT will not use the contracted Plan in a manner contrary to good faith, public order, the current legislation, and these Conditions.

11.4. Perform and keep a backup of the Hosting Plans files on their own, to restore them if necessary.

11.5. Monitor the size of the transfer quota contracted to avoid consequences for the contracted service. In cases where the Client exceeds the service's size or capacity, they will be notified of their need to take appropriate measures to correct the situation. If they do not respond to this notice or do not take said measures within the indicated period, DonDominio may unilaterally terminate the contract and deactivate the affected service, completely deleting the hosted content. Taking these measures does not give rise to a possible claim by the Client, as they are aware of the capabilities of the specific service or plan contracted.

11.6. Likewise, DonDominio may suspend or terminate the provision of services to the Client at any time and without prior notice if it considers that they are engaging in activities that may affect other clients and/or endanger – directly or indirectly – the integrity of DonDominio's infrastructure and/or services.

11.7. Keep operative, active, and updated the email address provided in the contracting form for communications with DonDominio, as it constitutes the preferred means for agile and smooth management in providing the requested Plan. If the CLIENT wishes to change the email address provided in the contracting form as the contact address, they must do so through the CLIENT area, following the request authentication measures, ensuring that communication between both parties is never interrupted.

11.8. The responsibility for the use and conservation of the CLIENT area login and password falls solely on the CLIENT. The use of these identifiers and communication, even to third parties, occurs at the sole responsibility of the CLIENT.

11.9. It is expressly prohibited for the CLIENT to resell the contracted Services or in any way authorize third parties to use them, in whole or in part, or to use them, introduce or incorporate them into the scope of a business or professional activity different from their own, unless expressly agreed with DonDominio.

11.10. Since Hosting Plans are sharing equipment, DonDominio will have technical standards that must be respected by the CLIENT when developing and/or administering their Hosting Plan. Failure to observe this obligation may allow DonDominio to suspend or terminate the provision of services to the Client at any time and without prior notice if they are considered to be carrying out activities that may affect other clients and/or endanger – directly or indirectly – the integrity of DonDominio's infrastructure and/or services.

12. Responsibility for Hosted Content.

12.1. The CLIENT is fully responsible for the content and information transmitted and stored, for their operations, hyperlinks, third-party claims, and legal actions that may arise. Ultimately, the CLIENT is responsible for the laws and regulations in force and the rules related to the operation of the Hosting Plan, e-commerce, copyright, public order maintenance, as well as universal internet usage principles.

12.2. Consequently, the CLIENT commits to not hosting or transmitting through the Services content that infringes the principles established in Article 8 of the Information Society and Electronic Commerce Services Act (LSSICE); mainly, those that violate people's dignity and/or are discriminatory on race, gender, religion, opinion, nationality, disability, or any other personal or social circumstances.

12.3. In case DonDominio, on its own or at the request of a legitimate third party, becomes effectively aware that the content hosted by the CLIENT infringes personality rights, intellectual and industrial property rights, or any others established by the law, DonDominio, by communication to the email provided by the CLIENT for billing, will notify this circumstance or requirement to the Client and may also require the CLIENT via the provided email address to voluntarily remove these within a maximum period of 24 hours.

12.4. In that case, and once the period has passed without complying with the requirement, DonDominio will proceed with the immediate suspension of the necessary service or services, which will not resume until the requirement is met in the terms necessary in each case, without the Client being able to claim a refund for any amount previously paid as a service payment or any responsibility from DonDominio for the suspension and, where applicable, definitive cancellation of the service.

12.5. The use of Hosting Plans in bad faith is prohibited, including, but not limited to: publishing or transmitting any content deemed violent, obscene, abusive, illegal, xenophobic, defamatory by DonDominio; cracks, program serial numbers, or any content that violates third-party intellectual property rights; collecting and/or using other users' personal data without their explicit consent or contrary to the Organic Law on Personal Data Protection; using the mail server and/or its email addresses for spam, mail bombing, phishing, escrow fraud, 419 scam, pharming, spreading viruses (trojans, worms, etc.), or any type of activity with a sabotage, fraudulent or criminal intent.

12.6. In accordance with the Law 34/2002 on Information Society Services and Electronic Commerce regarding the duty to collaborate with competent bodies, the service will be suspended when requested formally by judicial or administrative bodies. Also, if DonDominio becomes aware of clearly illegal actions or actions violating third-party rights, it will have the authority to stop the service and report to the competent authorities.

12.7. If DonDominio, on its own or following a third party's request, detects service misuse that could compromise the security, stability, or normal service operation, it may interrupt the service contracted by the Client. In these cases, and whenever technical or security reasons allow, DonDominio will notify the Client in advance through the provided email when contracting the service so they can take appropriate measures to avoid information loss. Service interruptions from these circumstances, as well as any consequences, will not generate any compensation, indemnification, or price reduction for the Client.

12.8. If DonDominio is involved in any case where responsibility is attributable to the CLIENT, they will indemnify DonDominio for the expenses incurred from said case, including legal fees and expenses paid by DonDominio, even in case of non-final judicial decisions.

13. Termination.

13.1. The present contract will end, in relation to each of the applicable services, for the causes admitted both in the Civil Code and in the Commercial Code; specifically, for the following:

a) When the term of validity or any of its renewals expires;

b) By mutual agreement between the parties expressed in writing;

c) By early termination of the Contract according to the following terms: (i) Delay in payment of the contracted services for over two months, or repeated suspension of services for twice due to late payment, (ii) Failure of the Client to attend to DonDominio's notices regarding the maintenance, size, and other characteristics of the contracted services.

13.2. In any case, the termination and resolution of the contract will result in the complete removal or wiping of contents hosted on DonDominio's servers.

13.3. Without prejudice to the ability to terminate the contractual relationship established, DonDominio may withdraw or suspend at any time and without prior notice the provision of Services to the CLIENT if it considers they violate any of the obligations assumed by them under this contract, particularly, being able to request payment of damages that may arise as a consequence of their non-compliance.

13.4. In case of contract resolution for the aforementioned reasons or any others admitted by law, the CLIENT and/or owner must fulfill obligations assumed before the contract resolution against DonDominio and against third parties.

14. Confidentiality.

14.1. Any information or documentation that either party provides to the other in the development and execution of this contract will be considered confidential and exclusive to the provider and cannot be communicated to third parties without their consent.

14.2. The parties agree to treat this contract as confidential, obligating themselves not to disclose to third parties any of its points without the express consent of both parties.

14.3. The parties exclude from the confidentiality category any information disclosed by the holder party, any that becomes public, any that must be disclosed according to the laws or a court order or act of competent authority, and any obtained by a third party not obligated to confidentiality.

14.4. This obligation of confidentiality persists until two (2) years after the termination of this contract.

14.5. Neither party will acquire any right over any confidential information or other property rights of the other party as a result of this contract.

15. Intellectual and Industrial Property.

15.1. Under these Conditions, the CLIENT does not acquire any rights or licenses over the Hosting Plan, computer programs necessary for service provision, or the technical information on service tracking, except for the rights and licenses necessary for fulfilling these Conditions and only for the duration or validity of them. For any action exceeding these Conditions compliance, the CLIENT will need written authorization from DonDominio.

16. Personal Data Protection Policy.

16.1. Regarding the personal data that the Client provides to DonDominio for the Service contracting and enquiries or communications of any kind related to their management, the Personal Data Protection Policy published in the following link will apply: Hosting Services Contract.

16.2. In addition to the above, in cases where, as a necessary consequence for service provision, DonDominio can be considered as “data processor” and the Client as “data controller” according to current regulations, these Specific Conditions incorporate in the form of ANNEX I the corresponding Data Processing Agreement as provided for in Article 28 of the EU Regulation 2016/679, delimiting the obligations of the Controller and the Processor.

17. Express acceptance of these Conditions.

17.1. These Specific Conditions, the General Contracting Conditions, technical information about the services, and the Personal Data Protection Policy are inserted in the contracting procedure for the DonDominio services selected by the CLIENT, to which they expressly consent to the entirety of their content upon subscribing to the services.

17.2. The activation of the sending button for the contracting request through DonDominio's website assigns the status of "CLIENT" and expresses full and unreserved acceptance of the Service Contracting Conditions applied to the services requested in the version that DonDominio makes available electronically prior to the activation of the CONTRACT button.

17.3. The latest version of the Contracting Conditions for each service is found at the electronic address Disclaimers and contracts. Before contracting any of the offered Services, carefully read the Contracting Conditions that regulate the provision of the desired Service, including, the technical, operational, and functional characteristics of the Service, as well as the fees to be paid.

17.4. This agreement has been written in both English and Spanish versions. In case of discrepancies, the Spanish version will prevail.

ANNEX 1: DATA PROCESSING AGREEMENT FOR SHARED HOSTING SERVICE.

1. DATA PROCESSING AGREEMENT FOR SHARED HOSTING SERVICE.

Through these clauses, the conditions are established that authorize SOLUCIONES CORPORATIVAS IP (hereinafter, “DonDominio,” “Data Processor” or “Processor”) for the processing of personal data resulting from the execution of the contract or the provision of shared hosting service contracted by the CLIENT (hereinafter, “Data Controller” or “Controller”) according to the Regulation (EU) 2016/679 (hereinafter GDPR) and the Organic Law 3/2018, on Personal Data Protection and guarantee of digital rights (hereinafter, LOPDGDD), delimited by the Controller's and Processor's obligations.

For the purposes of this Agreement, DonDominio DECLARES that its servers, systems, facilities, etc., are within the European Union (CPD in the Balearic Islands) and carry out all data processing according to the General Data Protection Regulation, offering sufficient guarantees to apply appropriate technical and organizational measures.

Likewise, in compliance with the duty to inform the Controller, DonDominio informs that its Data Protection Officer (DPO) is: Iurismática Abogados, S.L.P. To contact DonDominio’s Data Protection Officer, you can address the following: dpo@scip.es.

2. Purpose of the processing assignment

Through these clauses, the Controller authorizes the Processor to process on its behalf the personal data incorporated by them in the resources assigned by the Processor due to the provision, management, and maintenance of shared hosting services (Hosting).

The authorized processing operations will be strictly necessary to achieve the purpose of the contracted service provision, producing, in any case, hosting and transmission processing over a telecommunications data network, without performing any other processing such as collection, structuring, dissemination, etc., of the Controller's personal data.

3. Identification of affected information.

The Controller stores in the resources assigned by the Processor for the service provision, the information, data, and data categories they deem necessary based on the contracted service and always according to their own instructions, being the sole responsible in determining the types of data or information hosted, the purposes, the objectives, and the means for the completed processing.

4. Duration.

The duration of this processing assignment is the same as the contract for the provision of hosting (hosting) services of which this assignment is an inseparable part, so once that is completed, this will also be considered ended.

Once this assignment is finalized, the Data Processor must return to the Controller or send to another processor designated by the latter, the personal data and delete any copies in their possession. Nevertheless, these data may remain blocked to address potential administrative or jurisdictional liabilities.

5. Controller's (The Client) obligations.

Besides those generally established under data protection regulations, the Controller's obligations regarding this Processing assignment include the following:

• Verify that the technical and security conditions of the hosting service described by the Processor in this Annex align with the nature, context, scope, and/or purposes of the data or processingților they are responsible for, according to their own data protection impact assessments and/or risk analyses conducted.
• Provide the Processor access to data to be processed or deliver it in a manner suitable for correct service provision.
• Provide notification according to data protection regulations to the affected data subjects whose data is processed and have legitimately obtained their explicit consent or possess legitimate and verifiable reasons for the same.
• Maintain simple mechanisms so that affected data subjects can exercise their rights under data protection regulations.
• Have risk evaluations, a record of processing, and impact assessments if necessary due to the nature of the data processed.
• Perform the previous consultations as necessary.
• Appoint a data protection officer in cases where required and communicate their identity to the Processor.
• Notify the Data Protection Authority and/or affected data subjects about data security breaches, when appropriate.

6. Processor's (DonDominio) obligations.

Concerning instructions on the use and communication of data, the Processor agrees to:

• Use the personal data for processing or collecting for inclusion, only for this assignment's purposes. Under no circumstances may data be used for personal purposes.
• Process data according to the Controller's instructions stemming from the linked hosting services contract. If the Processor considers any instructions breach the GDPR or any other applicable data protection laws of the Union or Member States, the Processor must immediately inform the Controller.
• Not disclose data to third parties unless having the Controller’s express authorization in legally permissible cases.
• The Processor may communicate data to other processors of the same Controller according to their instructions. In this case, the Controller will identify, previously and in writing, the entity to which data should be communicated, the data to be communicated, and the security measures to be applied for proceeding with communication. If the Processor needs to transfer personal data to a third country or international organization, under applicable Union or Member State Law, they will report that legal requirement to the Controller in advance unless prohibited by important public interest reasons.

Regarding the applicable security measures to the processing, the Processor has adopted adequate security measures to ensure confidentiality, integrity, availability, and resilience of processing systems associated with the service in case of physical or technical incidents, according to their own data protection impact assessment.

DonDominio only provides the technical infrastructure, and where included in the service, organizes the management thereof; the security measures provided are limited to these functions, excluding other aspects outside the environment and service provided by DonDominio, which the Client is obligated to fulfill.

Concretely, DonDominio, independently of the Client's attributed obligations under the regulation, commits to adopting the BASIC security measures stated in articles 89 to 94, both inclusive, of Royal Decree 1720/2007, of December 21, implementing the Organic Law 15/1999, of December 13, on personal data protection.

By contracting the shared hosting service, the Client recognizes confirming that these measures meet the security level applicable to the type of information processed as a result of the service provided by DonDominio on behalf of the Client.

Additionally, the Processor has implemented the following measures:

• Periodical verification, evaluation, and valuation of the efficacy of technical and organizational measures ensuring data processing security.
• Guarantee that anyone acting under their authority with access to personal data may only process the data following the Controller's instructions. The Processor’s personnel receives periodic training on confidentiality and data protection, acknowledges their responsibilities in the matter, and understands the legal consequences of breaches.
• Maintain professional confidentiality regarding the personal data accessed under these clauses, committing not to disclose them, not even for storage, to other individuals; this obligation persists even after relations with the Controller are terminated.
• Maintain a written record of all categories of processing activities performed on behalf of the controller (when applicable), including:
  • The name and contact details of the Processor, every controller under whom the Processor acts, and if applicable, the representative of the controller or Processor and the data protection officer.
  • Categories of processing activities performed on behalf of each controller.
  • If applicable, transfers of personal data to third country or international organization, including the identification of such third country or organization, and in transfers referred to in article 49 paragraph 1, second paragraph of the GDPR, documentation of adequate guarantees.

In any case, it is understood that before the formalization of this data processing assignment, the Controller has assessed and accepted the security measures level implemented by the Processor within their organization and facilities as adequate to the processing purposes and means.

7. Notification of data security breaches.

In accordance with articles 33 and 34 of the Regulation (EU) 2016/679, it is the responsibility of the Controller to report data security breaches to the Data Protection Authority and/or the affected data subjects.

The Processor will notify the Controller, without undue delay, through the contact email, about data security breaches affecting facilities, media, and technical resources assigned to shared hosting service management and maintenance (Hosting), along with all relevant information for documenting and reporting the incident by the Controller to the competent supervisory authority (Spanish Data Protection Agency, www.aepd.es) and/or the affected data subjects.

This notification by the Processor is not necessary when there is no likelihood that such a data security breach would pose a risk to the rights and freedoms of individuals.

When this notification is required, if available, the following information will be provided:

• Description of the nature of the breach of personal data security, including, when possible, the categories and approximate number of affected data subjects, and the categories and approximate number of affected personal data records.
• When applicable, any transfers of personal data to third country or international organization, including their identification, and in the cases of transfers indicated in article 49, paragraph 1, second paragraph of GDPR, documentation of suitable guarantees.

8. Collaboration with the Controller.

The Processor will, acting in good faith, support the Controller to:

• Assist the controller in carrying out data protection impact assessments, where applicable.
• Assist the Controller in prior consultations to the supervisory authority, where applicable.
• Provide the Controller with all necessary information to demonstrate compliance with obligations, as well as for audits or inspections conducted by the controller or another authorized auditor.
• Communicate the identity and contact data of the Data Protection Officer to the Controller.
• Assist the Data Controller in responding to exercise the rights available to the data subject: Access, rectification, erasure, objection, processing limitation, data portability, and object to automated individual decisions (including profiling). When these rights are exercised with the Processor, they should notify the Controller by email. This communication must be immediate and no later than the next business day, accompanying other relevant information to resolve the request.

9. Subcontracting

The Processor does not subcontract any of the services part of this contract and which involve personal data processing, except for auxiliary services necessary for the normal operation of the Processor's services and technical equipment.

If it becomes necessary to subcontract any processing, this must be communicated previously and in writing to the Controller, one month in advance, indicating the processing intended for subcontracting and clearly identifying the subcontracting company and their contact details. Subcontracting may be conducted if the controller does not express opposition within the established timeframe.

In these cases, the subcontractor or sub-Processor, also having the condition of Data Processor, is similarly obligated to comply with the obligations established in this document for the Data Processor and the instructions issued by the Controller. The Processor is responsible for ensuring the sub-Processor complies with these obligations.