Hosting Services Contract

The purpose of this document is to define the Specific Contracting Conditions for the provision of Shared Hosting services (Hosting) as specified below and are considered a supplement to the General Contracting Conditions published and in effect at any time on the website www.dondominio.com. Both these Specific Conditions and the General Conditions of Contracting will be understood to be expressly and jointly accepted when contracting the services offered at www.dondominio.com. In the event of any discrepancy between these conditions and the general conditions, the specific conditions will take precedence.

The General and Specific Conditions, along 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 the DonDominio website, constitute a unified set that binds the parties.

1. Identification of the parties subscribing to this agreement.

1.1. On one hand, 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 Notary D. Víctor Alonso-Cuevillas Sayrol, registered in the Mercantile Registry of the Balearic Islands, Volume 2120, Folio 0, Book 173, Page PM-50105.

1.2. On the other hand, 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 by doing so declares to know and accept freely, having been informed of the technical and economic characteristics, their 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: a set of characters that through DNS identifies an address (IP) on the Internet. A particular server can have more than one Domain Name, but a specific Domain Name is only assigned 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 in the Hosting Plans offered is stored or hosted.

2.4. Hosting Plans: space on DonDominio's servers, where the client's domain name and hosted content are located, administering resources and applications specific to the plans offered by DonDominion and updated on the DonDominio website. The Hosting Plans governed by these Specific Conditions offer shared hosting on DonDominio's servers, meaning several websites from different Clients are hosted on DonDominio's servers and resources.

2.5. Control Panel: a tool developed by DonDominio from where the Client manages the resources and applications available in the Hosting Plan contracted.

2.6. Client Area: a tool developed by DonDominio assigned to each Client to allow, among other actions, contracting and managing their products, consulting issued invoices, updating billing data, accessing the control panel, and making authenticated requests, so that each order triggers the necessary technical and administrative actions for the development of the required action.

2.7. Personal data: all 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, in particular by an identifier, such as a name, an identification number, location data, an online identifier, or one or more specific elements related to their physical, physiological, genetic, mental, economic, cultural, or social identity.

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, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination, or any other form of enabling access, comparison, or interconnection, restriction, erasure, or destruction.

2.9. (The Client), Controller or “controller”: the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing.

2.10. (DonDominio), Processor or “processor”: the natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

3. Purpose

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 (Hosting) specified below, as well as the conditions and remuneration process by the Client to DonDominio for the provided service.

4. Hosting Plans governed by these Specific Conditions.

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

4.1. Hosting plans

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

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

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

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

4.4. The Client can contract any other superior Hosting Plan to the previously contracted at any time from their client area, paying the remaining part to consume of the new Plan. The expansion to a new Hosting Plan does not entail any change in the expiration date of the previously contracted Hosting Plan. You cannot switch to a lower Hosting Plan in resources and prices unless it is at the time of renewing the previously contracted service.

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

4.6. During the thirty (30) day guarantee period provided for 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 will not be able to link the contracted Hosting Plan to any other Domain Name. In the case of opting for this possibility, the Client must bear in mind that this means the complete loss of data or content hosted up to that moment, so before proceeding with the change, the Client must safeguard the data or content that they would have hosted until that moment by virtue of the contracted Plan.

4.7. All Hosting Plans marketed 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 specific to 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 accepts and respects what is established in the licenses of each application. The applications are provided as-is, and no claims regarding them are accepted. DonDominio does not provide functional or technical support for these applications, beyond the support already offered for the contracted Hosting Plan.

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

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

4.9. Limitations due to excess transfer: 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 the consumed transfer volume in their Client Area using a tool enabled for this purpose. The Client can also control the flow transferred through the statistics accessible from the control panel.

4.10. It is the Client's responsibility to adequately manage the monthly transfer volume contracted so as not to exceed it, adopting the technical measures deemed appropriate in the management and administration of the Hosting Plan service as well as managing the specific hosted contents.

4.11. Where technically possible, DonDominio will attempt to notify the Client of potential traffic excesses via notifications in the Client Area or by email provided by the Client for billing, although this alert system does not substitute the Client's responsibility to adequately manage their service quota, as due to the platform's technical specifications, real-time operation is not guaranteed, and the alerts sent to the Client may arrive after the excess transfer is detected.

5. FAIR USE POLICY

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

5.2. Although DonDominio may market some Web Hosting plans with the largest features, functionalities, or capabilities available at any time, the Client understands that the service is subject to certain reasonable limits to ensure proper operation and a fair resource distribution 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 manner that violates this Policy, DonDominio may take corrective actions, including, but not limited to, limiting, suspending, or interrupting access to the Web Hosting Service, as well as requesting the Client to reduce their use of the Service.

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

5.5. It is the Client's responsibility to adequately manage the monthly transfer volume contracted so as not to exceed it, adopting the technical measures deemed appropriate in the management and administration of the Hosting Plan service as well as managing the specific hosted contents.

5.6. The Client agrees not to use the Web Hosting Service to: 5.6.1. Generate data traffic or system resource consumption that, in DonDominio's opinion, is excessive or negatively impacts other clients, DonDominio's network, or the quality of the Web Hosting Service. 5.6.2. Carry out activities that violate any applicable laws or regulations, including, but not limited to, copyright laws, intellectual property, data protection, and privacy. 5.6.3. Engage in activities involving the sending of unsolicited mails, 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 material, or incite hatred. 5.6.5. Use the Web Hosting Service for activities that may damage the reputation of DonDominio, its employees, directors, partners, or providers.

5.7. Since the Hosting Plans share equipment, DonDominio will have technical standards that must be respected by the CLIENT when developing and/or managing their Hosting Plan. Failure to observe this obligation may enable DonDominio to suspend or terminate the services to the Client at any time and without prior notice if it considers that activities are being carried out that may affect other clients and/or directly or indirectly jeopardize 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 informed of any changes. Continued use of the Web Hosting Service by the Client after any modifications to this Policy will constitute acceptance of said modification by the Client.

6. Extended Software Version Support.

6.1. Hosting Plans include, at no additional cost, the versions of software components (programming languages like PHP, databases, system libraries, and similar) that have current official support. The Client may select and modify the version applicable to their Hosting Plan from the Control Panel, at no cost, as long as 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. Official end of support dates are public and accessible on the official pages of each component; in the case of PHP, for example, at https://www.php.net/supported-versions.php.

6.3. After the end of support date, the Client may:

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 performing the tests they deem appropriate before updating.

b) Maintain the end-of-support version by activating the Extended Support Service described in clause 6.4, assuming the corresponding cost.

6.4. Through the Extended Support Service, DonDominio keeps operational software versions that have reached the official end of support, guaranteeing the continued operation of Hosting Plans that maintain these versions. The Service does not include official community or original provider support, compatibility guarantee with new functionality, or support on 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 rates published on DonDominio's website. Billing is annual.

6.5. DonDominio will notify the Client of 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 in clause 6.3, and the cost of the Extended Support Service:

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

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

Communications will be issued simultaneously by email to the address provided by the Client for billing, persistent notification in the Control Panel, and 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 chosen any of the options in clause 6.3, the Extended Support Service will automatically be activated on the affected Hosting Plan to ensure operational continuity. The activation will be notified to the Client via email and in the Control Panel, with an indication of the applicable fee and the start date of 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 may:

a) Freely update the affected version to a version with current official support. The update alone does not entail deactivation of the Extended Support Service, which remains active allowing the Client to revert to the previous version in case of incompatibility or technical need. To deactivate the Service, the Client must expressly request it as per clause 6.8.

b) Cancel the Extended Support Service as per clause 6.8, with a reimbursement of the amounts already billed for it.

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

6.8. The Client may cancel the Extended Support Service at any time from the Control Panel, without penalty, taking effect at the end of the current billing period. The Client expressly acknowledges and accepts that, while the Service is active, they may freely select from the Control Panel any software version covered by the Service, including versions out of official support, and revert changes of version in case of incompatibility. Once the Service is effectively deactivated, the Client may not reuse versions out of official support. The cancellation of the Service may involve, at DonDominio's choice according to technical circumstances, updating the affected version to a version with current support or interruption or suspension, total or partial, of the website, developments, or Client platform dependent on that version for security reasons of the infrastructure according to clause 5 of these Specific Conditions. This measure will exclusively affect Plan components that require the obsolete software version to function, keeping other services included in the Plan operational, particularly email, unaffected databases, and other resources independent of that version. The Client acknowledges and accepts that the version update may, on its own, cause errors, loss of functionality, or total or partial inoperability of the website, developments, or platform due to the incompatibility of their code with the new version, being the exclusive responsibility of the Client to verify and adapt this compatibility.

6.9. DonDominio may unilaterally terminate the provision of the Extended Support Service, with thirty (30) days’ notice to the Client when critical unremediable vulnerabilities arise compromising the shared infrastructure security or the service's normal function, according to clause 9.5 of these Specific Conditions. In such cases, DonDominio will refund the Client the unused proportional part of the annual price calculated based on the criteria in clause 6.8.

7. Prices and payment method.

7.1. The prices of the Shared Hosting Plans covered by these Specific Conditions will be those reflected at any time on the DonDominio website Products and will be those applicable at the time of contracting.

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

• Credit/Debit Card
• PayPal
• Bank Transfer

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

7.4. All prices appearing on the DonDominio website, mentioned in the various sections of this contract, are subject to corresponding taxes. DonDominio will issue a detailed invoice for all the concepts that make up said invoice.

7.5. In case of rejection of any invoice presented for collection, DonDominio will apply an additional cost of 3 euros to the Client for each rejection attributable to the Client. If problems persist with collecting the service charge, DonDominio, without prior notice, reserves the right to suspend service provision until those problems are resolved. If, after prior notice and suspension of Hosting service provision, the Client does not make the pending payment, it will cause the definitive cancellation of the service, with the consequent data deletion and without any right to claim, due to breach of contract. This will prevent the Client from contracting new services with DonDominio, the cancellation of their Client account, and all contracted services.

7.6. In cases where, as provided in these Conditions, there is an excess of the initially contracted monthly data transfer volume by the Client, they can opt for the service suspension during the month in which said excess occurred or the payment of the resulting excess amount calculated at the base price of 0.50 euros for each additional GB segment. DonDominio has established an alert system that automatically notifies the CLIENT of the traffic excesses occurring in their hosting plan. In any case, the website will be operational at the beginning of the new month.

7.7. At the end of the current month, an invoice for the excess of the monthly transfer volume will be generated, which must be paid by the Client within ten (10) calendar days following the invoice date. If the Client does not make that payment within the indicated period, service provision will be suspended, after notice, until that invoice is paid.

7.8. If the Client requests a refund of their “Account Balance”, a bank transfer will be made, unless it can be returned by the same payment method used for the insertion, to the account number indicated by the Client, 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 date of balance insertion.

8. Commencement, duration, and extension.

These Conditions will come into force the day DonDominio proceeds to activate the contracted service once the Client has requested it through the contracting form and has paid the price for the service in question.

8.1. These Conditions will have an annual duration from the contract formalization. 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 conservation for thirty (30) days, except for services linked to a .es domain or third-level under .es, which will be preserved 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, a copy of these Conditions will not be sent, always considered valid those published at that time on DonDominio's website, which will include the most current version of the same.

8.4. Voluntary cancellation of a service occurring before the expiration of the service provision period already paid by the Client does not entail the return of the unconsumed proportional part.

8.5. Hosting Plans are linked to a domain name whose Registrar Agent is SCIP (DonDominio). Any decision or action by the Client that in practice means SCIP (DonDominio) ceases to be considered the Registrar Agent of the domain in question will imply the cancellation of the Hosting Plan, understood as voluntary cancellation by the Client of the service and therefore without entitlement to a refund of the unconsumed part.

8.6. Complementary services to the contracted Hosting Plan can be activated or deactivated at any time as long as the Hosting Plan is active and current; however, if a resource or application has an additional monthly cost, disabling it before the month paid in advance does not entail the return of the unconsumed proportional part.

9. Guarantees and Right of withdrawal.

9.1. In accordance with the Spanish regulations for the protection of consumers and users and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, on consumer rights, the Client is informed, and expressly accepts 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 contract performance, as well as customization thereof (choice of domain name). In this regard, once DonDominio has begun executing the service performance, the Client will not be able to waive the contracted service.

9.2. Notwithstanding the above, if the Client is not satisfied with the contracted services, they will have a term of thirty (30) calendar days from the initial date of the Hosting Plan activation to terminate the current contract without incurring any penalty or cost. If the Client decides to terminate the contract within this period, DonDominio will refund the amount paid by the Client for the provision of the Hosting Plan.

9.3. This term will not apply in renewals of the contract. If the Client decides to terminate the contract outside the period referred to in this clause, 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 guarantee that its server availability will be continuous and uninterrupted during the service validity period, due to service improvements, Internet network problems, breakdowns, technical repairs, or maintenance tasks on the server equipment, power outages or data lines, and other possible contingencies of a similar and unforeseeable nature. Therefore, the Client agrees to bear, within reasonable limits, risks and imperfections or unavailability of servers and expressly waives claiming any contractual or extra-contractual liability, damages, and losses to DonDominio for possible failures, slowness, or errors in accessing and using the contracted Hosting Plan originating from these causes.

10.2. DonDominio is not responsible for what is solely attributable to the Client. The access and use of Hosting Plans are the exclusive responsibility of the Client, such that DonDominio disclaims responsibility in any way (neither direct nor subsidiary) for any direct or indirect damage to third parties that the Client may cause.

10.3. DonDominio will not assume any liabilities for actions that users created and authorized by the Client might perform. Likewise, DonDominio will not be responsible for the orders executed attending to the requests these users might make through the Client Area.

10.4. DonDominio will perform backup copies of the server data. However, in the event of accidental data deletion, total replacement is not guaranteed, due to the possible change in data in the time passed between the last backup and deletion. The Client agrees to keep a backup of the domain files on their account to replace them if necessary, being solely responsible for performing the backup.

The contracted Hosting Plan does not include in the price that restoration of contents saved through DonDominio backup copies when this loss is caused by a Client-attributable reason; the restoration is only included in the Plan's price when the content loss is due to DonDominio-attributable causes.

10.5. Hosting Plans share equipment with other services of the same nature. For this reason, DonDominio reserves the right to suspend, totally or partially, the provision of the service when noticing, detecting, and/or verifying an excessive memory consumption, CPU or another alteration slowing down the server where it is located, in a way prejudicing or detracting from the service or rights of clients or third parties sharing the server with it.

10.6. DonDominio exonerates itself from all responsibility for consequences that lack of operativity of the Client's email address or not communicating address changes might produce, as well as lack of information claimed by the Client due to their own negligence in keeping this data active.

10.7. Besides circumstances provided in the General Contracting Conditions, DonDominio is especially not responsible for:

• Content hosted in the space assigned to the Client by the Hosting Plan.
• Errors caused by service providers.
• Contamination by viruses on its equipment, where protection is entrusted to the Client.
• Third-party intrusions in the Client's Plan, even if reasonable protection measures have been established.
• Defective configuration by the Client.
• The deterioration of equipment (Client's terminals) or misuse (Client's responsibility).
• The Client’s non-compliance with personal data protection regulation concerning their responsible activity related to the provided service.

10.8. DonDominio will not take responsibility nor accept any claim by 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 available to the CLIENT.

11. Obligations and responsibilities of the Client.

11.1. The CLIENT must pay the remuneration detailed in clause 5 of these Conditions within the specified period, and if not, DonDominio does not assume responsibility for suspension or definitive cancellation of affected services or any loss or damage it generates to the Client.

11.2. The Client expressly consents to receive invoices for the contracted service through electronic means, as indicated by current regulations.

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

11.4. Make and save a backup of Hosting Plans files on their account to replace them if necessary.

11.5. Monitor the size of the contracted transfer quota to avoid affecting the contracted service. In cases where the Client exceeds the size or capacity of the contracted service, it will proceed to notify the CLIENT of the need to take appropriate measures to correct the situation. If these warnings are not heeded or the measures are not taken within the indicated time, DonDominio may unilaterally terminate the contract and deactivate the affected service by completely deleting hosted content. The adoption of these measures will not give rise to any claim by the Client since they are aware of the capacities of the specific contracted service or plan.

11.6. DonDominio may suspend or terminate the provision of services to the Client at any time without prior notice if they consider that activities are being carried out that might affect other clients and/or that jeopardize— directly or indirectly—the integrity of DonDominio's infrastructure and/or services.

11.7. Maintain the email address provided in the contracting form for communication with DonDominio operational, active, and updated, as it is the preferred communication method for agile and fluid management when providing the requested Plan. If the CLIENT wishes to change the email provided in the contracting form as a contact address, they must do so through the CLIENT area, with adherence to the authentication measures of such requests, so that communication between both parties is never interrupted.

11.8. Responsibility for the use and preservation of the CLIENT area login and password falls solely on the CLIENT. Using these identifiers and communicating them, even to third parties, happens under the CLIENT's sole responsibility.

11.9. It is expressly prohibited for the CLIENT to resell the Services contracted or in any way authorize third-party use, totally or partially, or use them, introduce or incorporate them within the scope of another business or professional activity other than theirs unless expressly agreed with DonDominio.

11.10. Since the Hosting Plans share equipment, DonDominio will have technical standards that must be respected by the CLIENT when developing and/or managing their Hosting Plan. Failure to observe this obligation may enable DonDominio to suspend or terminate service provision to the Client at any time without prior notice if it considers activities are being carried out that may affect other clients and/or directly or indirectly jeopardize the integrity of DonDominio's infrastructure and/or services.

12. Responsibility for hosted content.

12.1. The CLIENT has full responsibility for the content and information transmitted and stored, their exploitation, hyperlinks, third-party claims, and legal actions they can trigger. Ultimately, the CLIENT is responsible regarding the laws and regulations in force and rules related to Hosting Plan operation, e-commerce, copyrights, public order maintenance, as well as universal principles of internet use.

12.2. Consequently, the CLIENT agrees not to host or transmit through Services content infringing principles set out in Article 8 of the Law on Information Society Services and E-commerce (LSSICE); primarily, those infringing upon human dignity and/or being discriminatory for reasons of race, sex, religion, opinion, nationality, disability, or any other personal or social circumstance.

12.3. In the event that DonDominio, on their own or at the request of a duly authorized third-party, becomes effectively aware that the content hosted by the CLIENT infringes on personality rights, intellectual and industrial property, or any others established by laws, DonDominio, through communication to the email provided by the CLIENT for billing, will notify such a circumstance or requirement to the Client and, in turn, may require the CLIENT through the email address provided to voluntarily remove them within a maximum period of 24 hours.

12.4. In such a case, and after this period without the requirement being met, DonDominio will proceed to the immediate suspension of the necessary services, which will not resume until the requirement is met in terms necessary for each case, and the Client cannot claim for this reason a refund of any amount previously paid for the service or claim any responsibility to DonDominio for suspension and, in their case, definitive cancellation of the service.

12.5. The use of Hosting Plans is prohibited contrary to good faith and, in particular but not limited to: publishing or transmitting any content that, in DonDominio's judgment, is violent, obscene, abusive, illegal, xenophobic, or defamatory. Cracking, software license numbers, or any other content violating intellectual property rights of third parties. Collecting and/or using personal data of other users without their express consent or contrary to the Organic Law on Data Protection. Using the mail server and/or its email addresses for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, virus diffusion (Trojans, worms, etc.), or any other activity carried out with sabotage, fraudulent, or criminal intent.

12.6. In accordance with the Law 34/2002 on Information Society and E-commerce Services regarding the obligation to cooperate with competent entities, the contracted service will be suspended when required by the judicial or administrative entity that formally requests it. Furthermore, if DonDominio becomes aware of clearly illegal activities or violations of third-party rights being committed, it will have the ability to interrupt the service and inform the competent authorities.

12.7. If DonDominio, through its own or a third-party’s means, detects hosted service’s misuse compromising service security, stability or normal operation, it will have the ability to interrupt the contracted service by the Client. In these cases, and whenever technical or security reasons allow, DonDominio will notify the Client sufficiently in advance by notification sent to the email address provided at the time of contracting the service, for them to take appropriate measures to avoid information loss. Suspensions of service derived from these circumstances, as well as consequences of any kind arising from it, will not generate any compensation, indemnification or price reduction in favor of the Client for the service.

12.8. If DonDominio is accused in any case where responsibility is attributed to the CLIENT, the CLIENT will indemnify DonDominio for resulting expenses from such a case, including DonDominio’s legal costs and fees, even if the judicial decision is not final.

13. Termination.

13.1. This contract, related to each of the services that in each case apply, will terminate through causes admissible under both the Civil and Commercial Codes; in particular, for the following:

a) By the expiry of the validity period or any of its extensions;

b) By mutual agreement between the parties, expressly stated in writing;

c) By early termination of Contracting Conditions according to the following terms: (i) Delay in payment of contracted services for a period exceeding two months, or repetition, on two occasions, of temporary suspension due to delay in payment of contracted services, (ii) By not attending to DonDominio's notices regarding maintenance, size, and other contracted service characteristics.

13.2. In any case, termination and resolution of the contract will result in complete elimination or deletion of hosted content on DonDominio servers.

13.3. Without prejudice to the established termination power of the contractual relationship, DonDominio may withdraw or suspend the provision of Services to the CLIENT at any time without prior notice if it considers they breach any obligations assumed by it under this contract, in particular requesting compensation for damages resulting from the CLIENT's breach.

13.4. In cases of contract resolution for the above-cited reasons or others admitted in law, the CLIENT and/or owner must fulfil obligations assumed prior to contract resolution both to DonDominio and to third parties.

14. Confidentiality.

14.1. All information or documentation that either party presents to the other in the development and execution of this contract will be considered confidential and exclusively owned by the presenting party and cannot be communicated to third parties without their consent.

14.2. The parties agree to maintain confidentiality regarding this contract, committing not to disclose any points of its content to third parties without express consent from both parties.

14.3. The parties exclude from the confidentiality category all information disclosed by the party having it, becoming public, having to be disclosed according to laws or with a legal resolution or imperative act of competent authority, and that obtained from a third party not under confidentiality obligation.

14.4. This confidentiality obligation lasts until two (2) years after this contract ends.

14.5. Neither party will acquire any rights over any confidentiality 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 regarding the Hosting Plan, the computer programs necessary for service provision, nor technical monitoring information of the service, except for rights and licenses necessary for compliance with these Conditions and only for the duration or validity of the same. For any action exceeding compliance with these Conditions, the CLIENT will need written authorization from DonDominio.

16. Personal Data Protection Policy.

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

16.2. In cases where, as a necessary consequence of providing Services, DonDominio acts as "data processor" and the Client acts as "data controller" according to the current regulations in the matter, these Specific Conditions include in ANNEX I the corresponding Data Processing Agreement as provided in article 28 of the EU Regulation 2016/679, delimiting the obligations of the Controller and Processor.

17. Express acceptance of these Conditions.

17.1. These Specific Conditions, General Contracting Conditions, service technical information, and the Personal Data Protection Policy, are inserted into the procedure for contracting DonDominio services selected by the CLIENT, thus expressly accepting the entirety of their content when subscribing to said services.

17.2. Activating the send button of the contracting request through DonDominio's website attributes the condition of "CLIENT" and expresses full and unreserved acceptance of the Contracting Conditions of the Services requested in the version DonDominio electronically offers before activating the CONTRACTING button.

17.3. The latest version of each service's Contracting Conditions is at URL Disclaimers and contracts. Before contracting any Services offered, thoroughly read the Contracting Conditions governing the Service's provision you wish for, including technical characteristics, functionalities, tariffs payable, and related operational aspects.

17.4. This agreement has been drafted in both an English version and a Spanish version. In cases of discrepancies, the Spanish version will prevail.

ANNEX 1: DATA PROCESSING AGREEMENT FOR SHARED HOSTING SERVICE.

1. DATA PROCESSING AGREEMENT FOR SHARED HOSTING SERVICE.

The current clauses establish the conditions authorizing SOLUCIONES CORPORATIVAS IP. (hereinafter, "DonDominio," "Processor" or "Contractor") for processing personal data arising from executing the contracted shared hosting service (hosting) contracted by the CLIENT (hereinafter, "the Data Controller" or "Controller"), as provided by Regulation (EU) 2016/679 (hereinafter GDPR) and the Organic Law 3/2018, on Personal Data Protection and ensuring digital rights (hereinafter, LOPDGDD), delimiting the obligations of the controller and Processor.

For the purposes of this Agreement, DonDominio DECLARES that its servers, systems, installations, etc., are within the European Union (data center in the Balearic Islands) and carry out all data processing in compliance with the General Data Protection Regulation, providing sufficient guarantees to apply suitable technical and organizational measures.

Also, in compliance with the information duty to the Controller, DonDominio informs that its Data Protection Officer (DPO) is: Iurismática Abogados, S.L.P. To contact DonDominio's Data Protection Officer, email: dpo@scip.es.

2. Object of the processing commission

Through the present clauses, the Controller authorizes the Processor to process on behalf of it personal data that the Controller incorporates into resources assigned by the Processor for the provision, management, and maintenance of shared hosting (Hosting) services.

The treatment operations authorized are strictly necessary to achieve the purpose of providing contracted services, always carrying out hosting and transmission in a telecommunications data network, not performing any other processing such as collection, structuring, dissemination, etc., of the Controller's personal data.

3. Identification of the affected information.

The Controller stores in resources assigned by the Processor for service provision, information, data and categories of personal data deemed necessary according to the contracted service and always following their instructions, being solely responsible for determining the types of data or information hosted, objectives, purposes and means of processed treatments.

4. Duration.

The present treatment commission's duration will match the hosting service contract's duration to which this commission is an inseparable part, by which, once it finishes, this will be equally considered finished.

Once this commission ends, the Processor must return to the Controller or transmit to another designated processor, the personal data, and erase any copy in possession. However, it can retain blocked data to address possible administrative or jurisdictional liabilities.

5. Controller's obligations (The Client).

In addition to those generally established under data protection regulations, the following obligations fall on the Controller regarding this processing commission:

• Verify that the technical and security conditions of the hosting (Hosting) service described by the Processor in this Annex fit the nature, context, scope, and/or purposes of the Controller's data or processings, according to its own risk analysis or impact assessment about data protection.
• Provide the Processor access to the data to be processed or deliver it appropriately for the correct service provision.
• Inform under data protection regulations to data subjects whose data is processed and obtain lawful consent or have legitimate and provable reasons for it.
• Provide simple mechanisms for affected individuals to exercise their rights based on data protection regulations.
• Have risk assessments, a logging system for processings, and impact assessments if necessary, given the nature of processed data.
• Conduct prior consultations when appropriate.
• Appoint a data protection officer if mandatory and notify its identity to the Processor.
• Notify security breaches to the Data Protection Authority and/or affected individuals, when applicable.

6. Processor's obligations (DonDominio).

Regarding data use and communication instructions, the Processor agrees to:

• Use personal data subject to processing, or those collected for its inclusion, solely for the purpose of this commission. Using the data for personal purposes is strictly forbidden.
• Treat the data following the Controller's instructions derived from the linked hosting (Hosting) service contract. Should the Processor consider any instruction infringes the GDPR or any other data protection regulation from the Union or its Member States, the Processor will immediately inform the controller.
• Not communicate the data to third parties, unless there's express consent from the Controller, in legally admissible cases.
• The Processor may communicate data to other processors of the same Controller according to their instructions. In this case, the Controller will previously and in writing, identify the entity to which data is communicated, the data to be communicated, and security measures applied for communication. Suppose the Processor must transfer personal data to a third country or an international organization, under the applicable European Union or States members' Law. In that case, the Processor will inform the Controller of this legal requirement beforehand, unless prohibited due to reasons of substantial public interest.

Regarding security measures applicable to processing, the Processor has adopted appropriate security measures to ensure confidentiality, integrity, availability, and resilience of associated service processing systems during physical or technical incidents, following their data protection impact assessment.

DonDominio only provides the technical infrastructure, and in cases where service administration is included, the security measures offered by DonDominio limit this part. They exclude other aspects beyond DonDominio's environment and service, and the Client is obliged to comply.

Specifically, DonDominio, independently of obligations attributed to the Client under the regulations, commits to adopting BASIC type security measures indicated in articles 89 to 94, inclusive, in Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, 13 December, on Personal Data Protection.

Upon contracting the shared hosting (Hosting) service, the Client acknowledges having confirmed that such measures fit the security level applicable to the type of information subjected to processing as a result of the service provided by DonDominio on behalf of the Client.

Additionally, the Processor has implemented the following measures:

• Regular verification, evaluation, and assessment of the effectiveness of technical and organizational measures to ensure processing security.
• Ensuring that anyone acting under its responsibility and accessing personal data can process such data only following the Controller's instructions. The Processor's personnel receives regular training on confidentiality and data protection, is aware of their obligations and the consequences of non-compliance.
• Keeping professional secrecy regarding personal data, access regulated under present clauses, committing not to disclose, not even for conservation, to others, an obligation subsisting even after relationships with the Controller end.
• Keeping, in writing, a register of all processing activities categories executed on behalf of the controller (where applicable), containing:
  • Name and contact details of the processor and each controller for whom the processor acts, and, if applicable, the representative of the controller or processor and the data protection officer.
  • Categories of processing performed for/from each controller.
  • If applicable, data transfers to a third country or international organization, including identification of said third country or international organization, and, for transfers under Article 49, paragraph 1, second paragraph of GDPR, appropriate guarantees documentation.

It will be understood that the Controller, before formalizing this processing commission, has evaluated and accepted the level of security measures implemented by the Processor in its organization and facilities as compliant with treatment objectives and means.

7. Notification of security breaches.

Under Articles 33 and 34 of Regulation (EU) 2016/679, the Controller is responsible for communicating security breaches to the Data Protection Authority and/or data subjects.

The Processor will notify the Controller without undue delay, and, via the provided contact email, any security breaches of personal data they become aware of occurring within facilities, systems, and technical resources assigned for shared hosting (Hosting) service management, along with relevant information for documentation and communication of the incident by the Controller to the competent control authority (Spanish Data Protection Agency, www.aepd.es) and/or affected individuals.

Such notification by the Processor will not be necessary when it is unlikely that this security breach will pose a risk to the rights and freedoms of natural persons.

In cases where this notification is required, the following information will be provided if available:

• Description of the nature of the personal data security breach, including, where possible, categories and approximate number of affected individuals, and categories and approximate number of affected data records.
• Name and contact details of the data protection officer or another contact point from which more information can be obtained.
• Description of possible consequences of the personal data security breach.
• Description of measures taken or proposed for remedying the breach, including, if applicable, measures adopted to mitigate potentially adverse effects.

If it is not possible to provide information simultaneously, information will be provided gradually without undue delay.

8. Collaboration with the controller.

The Processor will collaborate in good faith with the Controller by: - Supporting the file controller in conducting data protection impact assessments when applicable. - Supporting the Controller in conducting prior consultations to the control authority when applicable. - Making all necessary information available to the Controller to demonstrate its obligation compliance, as well as for audits or inspections carried out by the Controller or another authorized auditor by it. - Communicating the Data Protection Officer's identity and contact data to the Controller. - Assisting the data controller in fulfilling data subject rights: Access, rectification, deletion, opposition, limitation of processing, data portability, and not being subject to automated individual decisions (including profiling). כאשר הנפגעים יבצעו בקשה I כאשר תואמן האישורप מקבל,יעי הריו דייו כ נימ תקוסע פומי כעאלש דיונו ירכן בכל רגע נתון ומעבר ל-m Influence and Communication's Rec everווא, מקנה מארחן, דר בלוכניטימטכ אבריטיט בי שזים, שבאופן סמיתחי לא יאלמוס להלכילות. מתוך המנע ודאיק דידי לעצבה פרסמה שקיוננתסה תיעוב עיגת הנפרשמא גם הכולל מידע רלוונטי קצינצט473 ת אנהיליימון דהטאיליזטיוקىت הדקלסי יבן להוס התונדהם שיגלא, נסש מידע נתח ייפוקח. הרצוי נליהם אינו בלב שומ, ברגזול53 פיינם השראסשס שלא רוחומקים 

9. Subcontracting