General contract of domain names

Ref: NDPS_230518

On the one hand Tesys Internet S.L.U. (in future identified with its brand Solutions Thinks) with NIF: B-26309096 and head office in the c Surround number 16, Industrial estate the Portalada, of Logroño (La Rioja), Spain, Limited liability company Unipersonal constituted in Logroño before notary D. Eloy Menéndez-Santirso Suárez, registered in the Mercantile Registry of La Rioja, volume 477, book 0, folio 76, section 8, Leaf LO-7211.

On the other hand the contractor (in future client), legal natural person or whom the hiring form compliments and declares to know and to accept freely, after inquiring into the service and its operation, the present contract.

Both parts, Think Solutions and client, the terms and conditions established in the following are interested in formalizing the present contract accepting

CLAUSES

1º DEFINITIONS

Client: who compliments the hiring form. He does not have why to agree with the person of the holder of the Name of Domain. In which case, for being intermediary between the recorder and the holder he will have to inform of this one last at least obligations that this one assumes to obtain this ownership with respect to the competent recorder.

Titular and/or Registrante: Legal natural person or who acquires the right to use the ND chosen during the period determined by the Competent Recorder.

Contract: the clauses picked up in this document, in the form of hiring, as well as the additional information that on the particular service figure in the Web of Thinks Solutions (www.hosting-ehost.com).

In addition one will consider that the NORM ESTABLISHED BY the COMPETENT REGISTRYS WILL BE OF OBLIGATORY FULFILLMENT and, for this reason, can condition the way to serve on the part of It thinks Solutions and it will serve as interpretation for the clauses of this contract.

For it, we informed to him into URLs where it can consult the corresponding norms:

Name of Dominio (ND): set of characters that by means of the DNS identifies a direction (IP) in Internet.

IDN (Internationalized Domain Names): Internationalized ND, with multilingual characters of any language, understanding by such those different ones from including in the English alphabet.

IDN .es: ND of Internet under the code of country corresponding to Spain (.es) of second and third level with multilingual characters, understanding by such those own ones of the Spanish languages different from including in the English alphabet, that are:

IDN .eu: ND under .eu, with own multilingual characters of the 23 official languages of the European Union, including within the listing of characters allowed by EURid, available for its consultation in http://www.eurid.eu/.

Code ASCII: version of the ND, used to global scale in system DNS, formed by numbers, average script and the letters of the Anglo-Saxon alphabet.

ACE code: version of the ND with multilingual characters codified of such form that said ND can be used in system DNS and that, preceded by the chain of four characters “xn--?, contains the ND of multilingual character in format ASCII.

Recorder (To register): National organization or the International, public or deprived, authorized by the ICANN to manage ND and to publish, through WHOIS, the asked for information of the holder, contacts and DNS of the domains that it administers. The competent cash register listing is in www.icann.org/registrars/accredited-list.html.

Registry: Public or deprived organization, authorized by the ICANN that manages and maintains Base of data corresponding to each ND of first level (Top Level Domain).

Recording-Supplier: Recorder, credited by the ICANN to register ND, with which Solutions Thinks maintains a trade relation for the benefit of the services object of this contract.

EURid: Non-profit organization, properly constituted, selected by the European Commission to manage the domain of first level .eu (http://www.eurid.eu/).

Fundació puntCAT: Catalan private foundation without spirit of profit properly constituted, selected by the ICANN to manage the esponsorizados generic ND under .cat (http://www.domini.cat/).

ICANN (Internet Corporation for Assigned Names and Numbers): corporation without formed spirit of profit to assume, among others functions, the responsibility on the location of directions IP, the allocation of protocol, the direction of systems of ND and servants; really, to support the operation and stability in the network.

WHOIS: interactive instrument of public access in Internet that facilitates information on the ownership, data of contact and availability of a ND or a direction IP.

Area of Cliente (AC): One is a computer science tool developed by Thinks Solutions that is sold to each client, who allows him to control and to manage the contracted services, the invoicing of the same and to realise suggestions and claims of authenticated form, so that each action generates a number of ticket that makes possible to the client its identification and to know its state.

Login and password: one is a system of authentication for the access to the Area of Client who guarantees that the access to this tool is safe, trustworthy, truthful and she always comes from the clients.

2º OBJECT

The present contract intends regular the conditions in which the client solicits, through Thinks Solutions:

In addition, it regulates the conditions and the form of remuneration of the client to Thinks Solutions by served.

Web Solutions acts as intermediary between the client (and/or to title, if so) and the Recorder, being put under the procedures and the limitations that the competent Registries, ICANN and organisms determine.

3º RECORDER REGISTRY, TRANSFER, CHANGE AND RENOVATION OF the ND.

3.1 the service contracted by virtue of the present contract understands the commitment on the part of Thinks Solutions to realise the corresponding managements directed to:

3.2 the client recognizes that she corresponds to Thinks Solutions to carry out the corresponding request before the competent organisms, but the concession, the transfer or the renovation of this ND are exclusive responsibility of the Registry or competent organism.

3.3 the client recognizes that the ownership and last responsibility on the ND fall envelope that is included as titling of the ND.

In this sense, the client recognizes and accepts that the registry of the ND will be realised with the data of titling that the client has indicated in the form of hiring or its defect with his data as client of Thinks Solutions, whenever the client has decided specifically on this option, although if she wishes it, once registered she will be able to ask for his modification from S.A.

3.4 the client and/or the holder recognize and accept that the operativity and operation of the IDN, are in a provisional, pending phase of his complete technological adaptation, reason why she will be able to vary based on the type of navigator and the program of mail used in each case, being required some of them, the unloading of an application that this technical characteristic adds to them.

3.5 the notification to the client, on the fact that its request has taken place successfully before the competent Recorder, will be realised in the direction e-mail that the client specifies in the form of hiring as direction of client contact.

3,6 Renovation of a ND: Once registered or transferred the ND with change of recorder the servants of this one Thinks Solutions will be that is in charge of the renovation of the same, acquiring the price determined to the effect according to the arranged thing in clause 4 of this contract.

Web Solutions will not be responsible for which the renovations are not realised indeed by causes imputable to the competent organisms.

In accordance with had about the Policy expiration and the recovery of domain names (also denominated political ERRP – “Expired Registration Recovery Policy?) of the ICANN, It thinks Solutions as intermediary between the Recorder and the people in charge of the management of the domain names, has the obligation to send to the direction of email of the holder of the generic or territorial domains .ws, .tv and .cc, that consists in its data of registry, a series of notifications to inform to him into the date of expiration of its domain, as well as of the terms and tariffs of renovation and/or recovery of the domain name.

The Policy of the ICANN establishes the obligatory nature to realise three notifications of informative character, to the email of the holder:

Regardless of these shipments, the renovation of the domain name will follow the procedure established for it, according to the arranged thing in the present General Contract of Names of Domain.

Consequently, the client and/or the holder of the domain name authorize and allow that She thinks Solutions as intermediary between the Recorder and the people in charge of the management of the domain names, sends to the direction of email of the holder, the mentioned informative messages.

Web Solutions puts at the disposal of its clients and holders of domain names its own Policy of Renovation and Management of Generic Names of Domain, available for its consultation in https://www.hosting-ehost.com/legal/docs/%20Politica_renovacion_gestion_dominios_genericos%20

3.7 Traslado and Cambio de Registrador: If the client or had registered a ND under .com, .net, .org, .info, .biz, .mobi, .tel, .eu, .ws, .tv, .cc, see .cat, .mx, .com .mx, .org .mx or a IDN of second low level the .com, .net, org, the USA, .ws, .tv, .cc and .cat, lodged in the servants of another supplier will have to solicit:

  1. a transfer of the ND to the servants of Thinks Solutions and
  2. a recorder change if this one were not NicLine.com.

For the territorial ND of second or third level, under .es and for the territorial IDN of second and third low level .es, will only ask for a transfer to Thinks Solutions, as authorized Recording Agent by Network .es.

The holder and/or client commit themselves not to change of Recorder within 60 days to count since the initial registry was realised or the last recorder change took place.

About both case Solutions Thinks does not assure the change recorder because he is the old recorder who must facilitate the final authorization.

For the ND under .com, .net, .org, .info, .biz, .mobi, .tel, .ws, .eu, .be, .tv, .cc, .cat, .mx, .com .mx, .org .mx and for the IDN of second low level the .com, .net, org, .ws, .eu, .tv, .cc and .cat, the term for the procedure of the recorder change will be of 15 days to tell from the moment in that the client realises the request. In case the recorder change is not transacted in this term, the request will be cancelled and the client will be able to realise a new request.

The price will be the indicated one in clause 4 of this contract.

The client recognizes that the data of titling of the indicated name of domain in the hiring process, when soliciing a recorder change, are truthful and agree with those of the real holder, and so will exempt to Thinks Solutions of any responsibility in this respect.

3,8 Change of ownership and other data of the ND: The benefit of these proceedings demands that the client satisfies the requirements and managements asked for by Thinks Solutions, in addition to sending the necessary documentation according to the indications of the Recorder and the competent Registry.

The client will be informed, suitably, of the procedure to follow and the rates of the same, that can vary according to the competent Registry.

The price of the managements realised by Thinks Solutions to take to end these activities is reflected in clause 4 of this contract.

The applicant of the change of titling will be responsible to inform, to the present one and the new holder of the domain, of the obligations and responsibilities that are incumbent on to them, as well as to successfully obtain the previous consent of these before initiating any request of change of ownership.

The modification of the fields Name, Organization and/or email of a domain name, with the exception of the domains .es, .eu and .be, and those domains that demand a specific procedure based on the norm of the corresponding Registry, implies a request of change of ownership that will have to be accepted by the present one and the new holder through corresponding connection that will be sent by Thinks Solutions to them to its direction of contact email, according to the data of registry of the domain.

According to the mentioned procedure, the term to accept or to reject the change of titling by the present and new holder will be of 15 days from its request. Passed this term, the request will be cancelled.

Once confirmed the change of titling by the present and new holder, this change will be processed and the domain will remain blocked during 60 days, term during which could not be transferred to another supplier.

About those cases in that the direction of email of contact of the present and/or new holder would not be operative at the time of the request of the change of ownership, the client, previous request authenticated to Thinks Solutions, could be considered as “Designated Agent? being able to authorize this change in the name of the titular mentioned ones, as long as she had obtained express authorization on the part of the same. Despite the previous thing, in those cases in that thus she is solicitd, the client will be the person in charge to demonstrate that she has the pertinent authorizations. Also, the client and/or holder of the domain name specifically resign to demand any responsibility, contractual or extra-contractual, damages to Thinks Solutions, to the Recorder, the Registry corresponding and the ICANN by any action related to the appointment of the client as “Designated Agent?.

Web Solutions reserves the right to deny a request of change of titling of a domain if the same is surrounded in a dispute process on its ownership, as well as by any other reason, in accordance with the norm of the ICANN available for its consultation in www.icann.org.

The change of titling supposes the acceptance and submission on the part of the new holder of the domain name, to the present General Contract of Names of Domain as well as to the document of Responsibilities of the holder of a domain name that are to him of application and which they are possible to be consulted of way updated in https://www.hosting-ehost.com/legal.

With the confirmation of the change of titling, the new holder shows that the facilitated data are truthful as it picks up the norm and applicable policies on “WHOIS Accuracy Program? established by the ICANN.

Web Solutions will serve this whenever the domain is registered with him or through Recording-Supplier de Piensa Solutions. While this management is realised, the domain will have to be managed by Thinks Solutions.

Once realised the change of ownership, Solutions Thinks will take care to renew the domain while this one is managed by Thinks Solutions and remains Thinks Solutions as contact of payment and/or recorder of the domain name.

In the changes of ownership of the domain names .be, will register the name of domain to name of the new proprietor by a new period of use of a year, counted from the date of the change to day 15 of the month in which it does a year.

3.9 When presenting the request for the registry or transfer of a ND, change of ownership and other data, change of recorder, etc. the holder of the ND (registrante) allows directly and authorizes the collection and the cession to the competent organ (ICANN, Registry and/or Registrador and organization in charge to store backup copies of the WHOIS data) in accordance with the terms of the present contract, as well as the processing and publication of the data related to the public information of WHOIS, that they are necessary in accordance with the Policies of WHOIS, for itself, and the contact of technician and the administrative contact when they are required this data, as it demands the Recorder and the competent Registry.

In addition, the client will have to consider that:

For the ND .es, the data of administrative, technical the contacts and of invoicing, will be due to correspond with those of a natural person, being published through WHOIS as much the name as the associated direction of email of these contacts.

The holder of a ND .mobi assumes of form it express to have of which the information provided on the data of its domain and those of the Web to the same associate, is updated, is complete and truthful.

In the cases that the person of the holder of the ND does not agree with the client will be this one the forced one to successfully obtain the consent of first of the obligation, among others, the referred one in the previous section taking responsibility ultimately of all the consequences that the fulfillment of this obligation could not generate.

3.10 the client will be able to register in Thinks Solutions ND .eu that they contain the following multilingual characters, including within the listing of characters allowed by EURid, available for his consultation in www.eurid.eu:

  1. à, to, â, ã, ä, å, æ
  2. ç
  3. è, and, ê, ë
  4. ì, i, î, ï
  5. ð, ò, or, ô, õ, ö
  6. ø
  7. n
  8. ù, or, û, ü
  9. ý, þ, ÿ

.eu will not be possible the registry from a IDN that incorporates one or several scripts in second, third or fourth position.

3.11 the result of the search of a ND can not be exempt of errors because the information contained in the result is generated electronically of multiple sources of data. Web Solutions does not take responsibility of the correct results of the search, having this a merely informative character.

3.12 In certain cases, the client will be able to contract to a ND .cat, using a promotional code, that the Fundació PuntCAT will provide the public generally, as a result of the celebration of events and specific promotions.

In these cases, when realising the request of registry of the ND .cat, the client will have to indicate the promotional code, and once validated by the Fundació PuntCAT, this one will initiate the procedure specified in clause 7,10 of this contract, in order to register the asked for ND.

If the indicated promotional code, is declared invalid by the Fundació PuntCAT, the ND that the client has solicitd using this code, she will not be registered. In that case, this fact Thinks Solutions will send a message to the client having notified to him and will come to give back the amount that this one has paid by the request of registry of the ND .cat.

The ND .cat that are asked for using a promotional code, will only be able to be registered by a period of a year, counted of date to date. The initial cost of the request as well as the one of the successive renovations, will be the one that is specified in the conditions associated to the use of this promotional code.

On the contrary, the asked for ND .cat without using a promotional code, could be registered by a period among one and ten years, counted of date to date. The initial cost of the request as well as the one of the successive renovations, will be the one that specific in clause 4 of this contract.

3.13 the ND .cat will accept the eleven special characters of Catalan (à; ç; è e; i; ï; l•l; ò; or; u; ü). When registering a ND .cat with some special character, will also be registered the equivalent without the special characters. The cost, in these cases, will be the one of an only domain, and both domains will be united in all the aspects (contacts, servants, use, etc.).

In the case of a same ND .cat, with and without special characters, both ND will belong to the same holder, not being possible that they can be registered by two different holders.

3.14 Piensa Solutions informs to its clients and the holders of names of domain, that the ICANN has educational material on the domains and their different procedures, available for its consultation in the following URL, http://www.icann.org/en/resources/registrars/registrant-rights/educational.

3.15 the domain names have to subject of obligatory form to a procedure of verification of their data of contact, as a result of had in the norm and the policies ICANN, denominated “WHOIS Accuracy Program?.

The ICANN forces to have associate truthful data to the domain name, for that reason it demands that the mailing dress, the telephone, the email of the holder, and the rest of data associated to the domain name, has a correct format.

ICANN requires to the intermediaries between the Recorder and the people in charge of the management of the domain names, about this case to Thinks Solutions, so that it also verifies these data and especially the operativity of the direction of email of the holder of the domain name and the one of the client in charge of his management, in case they are different directions of email.

The verification procedure would be:

In case the domain has been blocked as a result of his nonverification, Solutions Thinks puts at the disposal of the client, from the Area of Client, a new functionality of I resend of this notification that allows the verification at the time of the blockade.

3.16 Piensa Solutions offers to its clients, a service of Car park, free and combines when contracting the registry, recorder change or transfer of a ND towards Thinks Solutions, without associating no plan to him of hosting.

The service of Car park arranges, among others resources, of a page of presentation sponsored by Thinks Solutions.

The client also will be able to enjoy a redirection Web fixed direction URL.

The presentation page offers the possibility of including directives “GOAL? to improve its positioning, introducing in the same the key words that the client wants that they use the finders to index it.

The service of Car park offers with each registered domain the possibility of discharging from the hospital up to five accounts of redirigidas mail to the direction of email indicated by the client. This functionality will not be available for those names of domain that contain multilingual characters, as a result of the characteristics of the same.

Web Solutions will be able to terminate or to stop offering this gratuitous service of Car park at any time, and whenever the ND stops managing itself, by that same client, through Solutions Thinks.

4º PRICE OF the REGISTRY, TRANSFER, CHANGE OF RECORDER, RENOVATION OF ND AND Form of payment.

4,1 Registry:

The registry of the generic ND and the territorial ND under .es, .tv, .cc, .mx, .com .mx and .org .mx, will be realised by a period of a year, counted of date to date.

4,2 Renovations:

These prices will be been worth except for modification of the rates by the competent Cash registers, in which case it will be notified with the sufficient advance.

The generic and territorial ND .tv, .cc and .ws that when arriving from expiration, is their date not renewed, before being free, will happen through the following phases:

The ND .es that are not renewed when arriving their date from expiration, will be inactive at technical level and spent 10 days, they will be free at the disposal of the publication and document record department. The price of its renovation during this period of 10 days, will be the same that during the ordinary period, but will entail a cost of management of 3 Euros.

On the other hand, the ND .eu, .be and IDNs .eu that is not renewed when arriving their date from expiration, will be suspended during forty days, last which without being reactivated will be at the disposal of the publication and document record department. The cost of its reactivation, will be of 100 Euros.

The ND .mx, .com .mx and .org .mx that when arriving from expiration is their date not renewed, before being free, will happen through the following phases:

Web Solutions will inform to the client of any modification that the competent organisms, can realise in the characteristics and duration of these periods.

4.3 Traslado of ND and Recorder Change: The price by the transfer and/or the recorder change of each generic ND of second low level the .com, .net, .org and of each generic IDN of second low level the .com, .net, .org, is of 4.95 Euros. For .info and .biz it will be of 6.95 Euros, whereas for .tel it will be of 9.95 Euros and for .mobi it is of 15.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The recorder change of each ND .eu and by each IDN under .eu has a cost of 4.95 Euros, whereas in the case of each ND .be has a cost of 6.95 Euros and in both cases it entails the automatic prorogation of the use of the ND by a year. In the case of ND .eu and IDN .eu, the term of a year will be computed from the date of expiration of the domain, and in the case of ND .be, this term will be computed from the date of accomplishment of the recorder change, to day 15 of the month in which a year is marked.

The transfers to .es Thinks Solutions of territorial ND of second level and of territorial IDN of second level .es, has a cost of 4.95 Euros. In the case of the territorial ND of third level .es and territorial IDN of third level .es has a cost of 1.50 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The price by the transfer and/or the recorder change of each territorial ND of second low level .ws and each territorial IDN of second low level .ws, is of 19.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The price by the transfer and/or the recorder change of each territorial ND of second low level .tv and each territorial IDN of second low level .tv, is of 29.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The price by the transfer and/or the recorder change of each territorial ND of second low level .cc and each territorial IDN of second low level .cc, is of 29.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The price by the transfer and/or the recorder change of each ND .cat and by each IDN under .cat, is of 15.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The price by the transfer and/or the recorder change of each ND .mx is of 29.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

The price by the transfer and/or the recorder change of each ND .com .mx and .org .mx is of 15.95 Euros. The payment of this amount automatically prorogues the use of the ND by a year.

4.4 Piensa Solutions reserves the right to offer discounts on the tariffs applicable to the domain names, based on the number of domains that the client has assets at the time of the registry, transfer or renovation, or based on the number of years by which these domains are registered initially, by means of a reduction in its respective tariffs.

The detailed regulation of these discounts, as well as the domain names to which application is from, whenever are in force, would be published of form updated in the webpage of Thinks Solutions, www.hosting-ehost.com/dominios.

4,5 Change of ownership and other data of the ND: The price of these proceedings is subject to the indications established by Thinks Solutions, according to the competent Registry, when informing into the procedure to follow by the client.

In the changes of ownership of the ND .eu and IDN .eu, will register the ND to name of the new proprietor by a new period of use of a year.

In the changes of ownership of the ND .be, will register the ND to name of the new proprietor by a new period of use of a year, counted from the date of the transference of the ND, to day 15 of the month in which a year is marked.

4.6 the amounts mentioned in this contract, its Annexes and the webpage, http://www.hosting-ehost.com/, do not take including the Tax on Valor Añadido (IVA). However, the client will have to pay the IVA corresponding to the contracted product.

4,7 FORM OF PAYMENT:

The payment of the services object of this contract is In advance and it will be realised by means of credit card or by means of banking transference in his first request to Thinks Solutions.

The renovation of the ND will be pleased in advance, by means of debit or credit card, according to the form of payment chosen as preferred by the client. About the case of the renovations, Solutions Thinks will inform into this fact to the client before the victory of the ND, to assure the effective procedure this renovation. If the payment with the advance demanded is not realised by Thinks Solutions or through the form of payment chosen as preferred, Solutions Thinks will not be responsible for the loss of the ND that this fact can carry.

The data necessary to realise the banking transference are facilitated in the hiring form when this option of payment is chosen, in any case this information will be sent to him by email electronic.

The payment by banking transference takes to an additional position of 2 Euros more IVA for expenses of management. In addition the client will have to send by fax, to number 941 20 26 96, the payment voucher.

As much for new hirings as for the renovation of existing products, the client authorizes specifically to Thinks Solutions to realise the positions of the corresponding amounts, in those cases in which the selected form of payment is debit or credit card, according to the data indicated in the hiring form.

Web Solutions will not initiate the managements regarding the corresponding request while it does not receive the amount of these services through indicated means of payment in each case.

The client, from S.A., will be able at any time to ask for the modification of the form of payment and/or its associate data.

4.8 Piensa Solutions will in detail issue the corresponding invoice of all the concepts that conform this invoice.

4.9 Piensa Solutions sends to its invoices of way Telematics with total legal validity, uses for it the certificate class 2 To, accepted by the AEAT, of the National Factory of Currency and Timbre, fulfilling the effective norm in this matter and, therefore, guaranteeing the authenticity of the origin and the integrity of the content.

4.10 By each banking return that takes place by causes imputable to the client, Solutions Thinks will acquire an additional tariff of 3 Euros more IVA. Web Solutions will not be responsible for which this non-payment supposes the nonregistry and/or the nonrenovation of the ND.

4.11 the client will be able to realise, through S.A., any consultation or request related to the invoicing and payment of the name of contracted domain, as well as to accede to repositorio of invoices, that allows its impression him and unloads.

4.12 Due to the nature and characteristics of the service object of the present contract, considering that its hiring entails the total execution of the same and that is a customized service, the client he will not have right to the amount reimbursement some by the advance cease of the same. It will not be of application therefore the right of dropping of the claim regulated by the effective Spanish norm on consumers and users, when constituting the nature and characteristics of this service one of the exceptions to right saying.

4.13 the quantity of the prices stipulated in the Web www.hosting-ehost.com and picked up in this contract could be revision object and modification on the part of Thinks Solutions.

In such case one will notify the clients before they are affected by the variation in the following invoice that is emitted to them (renovation of the ND), so that if it did not agree in accepting this change exercises the right to solve the present contract and, therefore, drop from the rolls of its service if nonacceptance of the new price stayed in his.

5º ENTRANCE In force, DURATION AND PROROGATION

5.1 the present contract will enter in force when the payment of the service asked for when complimenting is realised the hiring form and it subscribes for a minimum period of a year, counted of date to date. In the case of transfer with recorder change the year will begin to count as of the date of victory of the ND object of the service that appears in the WHOIS.

In the case of the domains .be, the validity of a year will be told from the day of its registry day 15 of the month in which it turns a year.

5.2 the effects of the service object of this contract, finalized the duration determined in the previous paragraph, will be prorogued and the proceedings of notified renovation will be realised whenever the client of the victory of the term of expiration of the ND, this one is not against to the proceedings and pays the renovation with the advance arranged in clause 4 of this contract.

In each renovation copy of the contract will not be sent, being understood always effective the present version of the same, published in http://www.hosting-ehost.com/legal/docs/Contrato_general_nombres_dominio

6º OBLIGATIONS AND RESPONSIBILITIES DE Piensa Solutions.

6.1 Piensa Solutions acts as intermediary before the competent organs and the client (and/or to title) realising the opportune managements for the registry, transfer, change of recorder and renovation of the ND, according to the case.

6.2 Piensa Solutions does not take responsibility of which the chosen ND, still being available when to celebrate the present contract, indeed is registered. One will not take responsibility either of which the renovation indeed is realised even though they have been realised, on the part of Thinks Solutions all the managements opportune and established by the competent Cash registers.

Solutions only thinks will respond in those cases in which the registry or the taken renovation to effect is not consequence of a negligent action of Thinks Solutions. In these cases, Solutions Thinks will realise the opportune managements to register another ND that is asked for by the affected holder or at the request of the client the amount of money will be given back to him that it had advanced for the obtaining of this service.

Therefore, the client and/or holder of the ND specifically resign to demand any responsibility, contractual or extra-contractual, damages to Thinks Solutions, to corresponding the competent recorder and the Registry not to obtain the registry or the renovation of the affected ND, notwithstanding the exercise of the legal actions that him could correspond before the competent organism or the arranged thing in the effective legislation.

6.3 Neither He thinks Solutions, nor the competent recorder, nor the Registry will be, in no case, people in charge by the infringement of rights of intellectual or industrial property, or any other rights or I interest legitimate that the registry or renovation of a ND asked for by the client can be derived from.

6.4 Piensa Solutions is not responsible what he is to him exclusively imputable to the client and/or holder, nor what he is imputable to the action of the competent Recorder, as well as of the errors that are from the registry process.

6.5 Neither It thinks Solutions, nor the competent Recorder, nor the Registry will be responsible for the direct or indirect damages that can be caused to fail to fulfill the client and/or to title the regulating norm of the ND, as well as by the use that of the ND makes the client and/or holder.

The responsibility of Thinks Solutions or of the competent Recorder by the damages produced by the ND, it will be limited the amount of the rate of applicable registry when to provoke the controversy.

6.6 Piensa Solutions and the corresponding Recorder reserve the right to suspend or to cancel the ND of the client and/or holder when the same is used to send not asked for commercial publicity in contradiction with any applicable norm or any permissible policy of customary use of Internet, or if the holder uses the ND to realise illegal activities.

6.7 If the client and/or holder fail to fulfill anyone of the obligations contained in this contract, as much Solutions Thinks as the corresponding Recorder reserves the right to suspend or to cancel the ND of the holder.

6.8 Piensa Solutions, the Recorder and the competent Registry reserve the right to block, to deny, to cancel or to transfer any ND whenever it is necessary stops:

6.9 Piensa Solutions is exonerated of all responsibility by the consequences that the lack of operativity of the direction e-mail of contact of the client can produce, as well as by the lack of communication of the change of direction or by the disinformation that allege the client due to their own negligence at the time of maintaining assets this data.

6.10 Piensa Solutions in particular does not guarantee the utility of the election of the ND for the accomplishment of any activity.

6.11 Of exclusive form for the ND .mobi, mTLD Top Level Domain Ltd. (“dotmobi?), as authorized Registry of the ND .mobi, considers one third beneficiary part of this contract. Consequently, the parts of this contract recognize and agree in which the rights of dotmobi as third beneficiary part, have been granted and that dotmobi are trusting its own rights, as third beneficiary part under this agreement, to the authorized recorder for the ND .mobi. In addition, the rights of the third beneficiary will remain finished this contract once.

6.12 As a result of the nature of the Antispam system incorporated in the redirigidas accounts of associated mail to the domain name, Solutions Thinks does not become person in charge, nor accepts, no claim of the client or a third party, by the rejection of some message of legitimate e-mail (incoming as as much salient), had, among others reasons, to the possible concurrence with average external technicians whom it has the own client.

6.13 Piensa Solutions offers, exclusively, in Castilian language, the contracts of its products, the additional documentation on the ND, the procedure of hiring and all the information published in its webpage.

6.14 When finalizing the hiring procedure, Thinks Solutions stores in electronic format, a copy of the e-mail that receives the client, with the customized contract of the product.

7º RIGHT, OBLIGATIONS AND RESPONSIBILITY OF the CLIENT (AND/OR TO TITLE If so)

7.1 the client must fulfill all the terms and conditions of this contract in the exercise of his professional activity, in addition she will have to act loyally and of good faith. ESPECIALLY IT MUST FULFILL the OBLIGATION TO INFORM INTO ALL THE OBLIGATIONS THAT CORRESPOND TO the HOLDER OF the ND AND TO SUCCESSFULLY OBTAIN the CONSENT OF THIS ONE, WHEN THEREFORE IT IS ASKED FOR BY the COMPETENT ORGANIZATIONS, for those cases in that the person or organization does not agree with who appears as client.

7.2 the client must satisfy the detailed remuneration in clause 4 with this contract.

7.3 By virtue of this contract, the person who appears as to title of the ND (she is or not the client) she only acquires the right to use the ND with the object of address in the system of ND of Internet during the period determined by the Competent Recorder and assumes all the obligations that come off throughout this contract as well as the indications the established norms so much by the competent recorder as by the corresponding Registry as by the ICANN in this matter.

The client assumes the total responsibility and the risk with exclusive character of which the request is in agreement with the policy of names of Registrador and/or competent Registry at every moment and for each case.

7.4 the client and/or holder, where appropriate, are the only person in charge of the election of the ND and of the use of the same, exempting to Solutions of any type of responsibility derived from these acts Thinks.

In addition it guarantees to Thinks Solutions that the chosen ND is registered with illicit intentions neither injures to the rights of intellectual and industrial property or other rights and I interest legitimate of third parties.

In addition, for the ND .biz, the client declares that:

7.5 Before any controversy arisen on the use rights of the chosen ND, the holder and/or the client, where appropriate, accept to solve them through the instances and procedures settled down by the competent Recorder according to the case, as he takes shelter in clause 8 of this contract.

In the case of the domains .cat, before any controversy arisen on the use rights of the ND .cat chosen, the holder and/or the client accepts and declares to be put under the Alternative Procedures of Solution of Controversies, regulated by Normas de Solución de Controversias of the domain .cat.

7.6 the client and/or holder, where appropriate, of the ND will have to fulfill, at any moment, with the requirements demanded by the competent Recorder, the corresponding Registry and the ICANN.

In addition, the client and/or holder of a ND .eu and IDN .eu declare that it knows, accept and will have to fulfill, at any moment, with the requirements demanded by the Terms and Conditions of registry of domain names .eu, along with the Policy of Registry, Normas de Solución de Controversias of the domain .eu and the Regulations. Respecting for every moment, the norms and terms established by the organization in charge of the registries, EURid, through http://www.eurid.eu/.

In the case of the ND .be, the client and/or holder must be put under gathered in the Terms and the Conditions for the names of domain .be established by DNS .be (http://www.dns.be/).

For the ND .cat, the client and/or holder will have to fulfill the Terms and Conditions of registry of domain names .cat, the regulating Norm of the Resolution of Conflicts of Names of Domain of ICANN (UDRP), the Policy of Resolution of Conflicts on the Requirements of Admissibility of .cat of the Fundació puntCAT (ERDRP) and the Procedure of mediation. Always observing, the norms and terms established by the organization in charge of the registries .cat, Fundació puntCAT (http://www.domini.cat/).

By virtue of the previous thing, the holder and the client subsidiarily assume exclusively the consequences that are derived from the breach of the requisite mentioned ones, when this breach is to him imputable. Consequently the client must inform to the holder in case of not agreeing in the same person or organization.

For the ND .mobi, the client and/or the holder know and accept that it must fulfill the requirements, norms, policy, procedures and practices picked up in Guía of style of the ND .mobi (pc.mtld.mobi/mobilenet/dotmobi_guides.html) and allow the supervision of its webpage to verify the fulfillment of the same, in the form described in this Guía. In addition, the client and/or holder know and accept that this Guía is susceptible to be modified by the Registry and is committed to fulfill any change, in the time assigned for it.

Of specific form, for “the Premium? ND .mobi (being these the indicated ones in http://mtld.mobi/content/premium-names), the client and/or the holder recognizes and accepts the following thing:

Especially and obligatory character, the webpages corresponding to the ND .mobi, must fulfill the following requirements:

Of periodic form, the Recorder and/or the Registry will verify the fulfillment of these requirements, notifying to the administrative contact of the ND .mobi, the breach of the same.

Consequently, those webpages that do not satisfy the obligatory requirements during a term superior to 60 days, will be suspended and will stop being operative and the ND .mobi will be blocked, remaining in Registry-Hold state, although it will follow registered name of his holder.

The complete procedure can be consulted in http://pc.mtld.mobi/switched/reg_compliancepolicy.html.

7.7 Also, the client recognizes and accepts that after the request of registry of a ND .cat, the holder of the ND will receive an email of the Fundació PuntCAT indicating to him that, with this request, the holder accepts the conditions of registry settled down by the same.

The Fundació PuntCAT will verify, periodically, if the ND .cat solicitd, is used according to the conditions of registry that the holder has accepted. In case of breach, the Fundació PuntCAT will notify this fact by e-mail to the holder of the ND .cat, providing a period to him of time so that it remedies it. Finalized this period, Fundació PuntCAT, will review again domain .cat and if it determines that the problem persists, it will send a second e-mail reminding and it will change the state of the domain “serverHold?, being this one without operativity. If the problem is not solved, once passed the term indicated in the second warning, the ND .cat will be erased and will be free for its registry.

7.8 the ND .cat solicitd by the client, could only be used for uses related to the language and the Catalan culture. A webpage that does not meet these conditions will have to be corrected immediately or otherwise, the ND .cat could be blocked or be cancelled by the Registry.

The ND .cat could be registered by any legal natural person or who meets the conditions mentioned in the Terms and Conditions of registry of the domain names .cat (http://www.domini.cat/).

7.9 the client and/or holder will not be able to protest to Thinks Solutions or to the competent Recorder, damages or damages caused as a result of the breach of the norm on the other hand.

7.10 the client and/or the holder declare and guarantee that all the information provided to Thinks Solutions, including the data corresponding to the ND published in the WHOIS, are complete and correct. Also, any modification of this information will have to communicate immediately to Thinks Solutions.

The client and/or the holder accept that, in relation to the domain names .mx, .com .mx and .org .mx, neither the registry, nor its publication in the WHOIS, must be understood as test of property on this ND.

7.11 the client commits himself to maintain operative, activates and updated the direction e-mail provided in the form of hiring for the communications with Solutions Thinks, since it constitutes preferred mass media of Thinks Solutions for the agile and fluid management about the benefit of the asked for service.

If it wants to modify this direction e-mail as contact direction, it will be able to realise it of authenticated form, from the client area. Web Solutions will not be responsible for the consequences that are derived from the lack of operativity of the direction of e-mail of the client or for the lack of communication who the updated change of direction cannot produce, as well as by the disinformation that the client due to his own negligence at the time of maintaining assets alleges this data.

7.12 the client is the only person in charge of the use and conservation of login and password of the client area. The use of these identifiers and the communication, even to third people, takes place under the only responsibility of the client.

7.13 the AC allows the client to realise, of form authenticated, managements on the contracted services, as to consult its data as client of Thinks Solutions, to accede to the issued invoices, to realise consultations, suggestions and claims, etc. The client will be able to identify and to know the state each battle conducted through S.A. by means of the ticket that Thinks Solutions assigns to each of these actions.

7.14 the client and/or the holder are responsible for the fulfillment of the laws, regulations and rules in force that they have to do with the operation of the service on line, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.

7.15 the use of the ND in opposition to the good faith and, in particular, of nonexhaustive form is prohibited:

7.16 the client recognizes and accepts the possibility that of exceptional form, and as a result of the nature of the Antispam system, the rejection of some message of legitimate e-mail (incoming or salient) of its redirigidas accounts of mail can take place, exonerating to on the matter Thinks Solutions of any type of responsibility.

7.17 IN the CASE OF NOT AGREEING the PEOPLE OF the CLIENT AND the HOLDER IF IT THINKS SOLUTIONS OR the RECORDER IT RECEIVES a REQUEST OF the CLIENT AND ANOTHER DIFFERENT one FROM the HOLDER (properly credited) ON The same ND, IS OF the NATURE THAT IS the REQUEST, IN CASE EVEN ONLY RECEIVES REQUEST OF the HOLDER, the CLIENT IT ALLOWS AND IT ACCEPTS THAT IT THINKS SOLUTIONS TAKES CARE OF the REQUEST OF the HOLDER SINCE WHOM IT HAS the RIGHT OF USE AND the OBLIGATIONS REFERRED TO the USE WITH RESPECT TO the COMPETENT ORGANIZATIONS IN THIS MATTER IS the HOLDER.

7.18 the holder and/or the client, where appropriate, authorize and allow that He thinks Solutions, the Recorder and the competent Registry, puts themselves in touch with the holder so that this one verifies that all the existing data in their data base, associated to a domain name, are correct. In addition the client and/or holder commit themselves to that in case the existing information in this data base is not truthful, will come, to the greater brevity, the update of the same, since to provide deliberately incorrect information she constitutes a material infraction of the contract and will be the base of the cancellation of his ND.

The client and/or the holder commit themselves to carry out the tasks of verification of their data, according to the requirements of the ICANN and to the indicated thing in clause 3,16 of these Conditions. In case of breach, their ND can be cancelled or be deactivated.

7.19 the client, with the acceptance of the present contract, specifically allows the shipment of the invoices regarding the service contracted through telematics means, as she indicates the effective norm in this matter.

7.20 In addition the client and, where appropriate, the holder assumes whichever obligations derive himself from the other clauses of this contract and that have not been contemplated in the present clause.

8º RESOLUTION OF ND CONFLICTS

8.1 the client and/or holder commit themselves to accept any possible requirement of arbitration by the ownership of a ND and to be put under the regulating Norm of resolution of conflicts of ND (Political uniform of solution of controversies) approved by the ICANN the 24 of October of 1999 (www.icann.org/udrp/udrp.htm).

This regulating norm of the resolution of ND conflicts (DOMAIN NAME DISPUTES RESOLUTION POLICY) ties to this Contract and sets out the terms and the conditions with respect to a conflict between the holder and another part, different from Think Solutions on the registry and use of a ND of Internet registered by the client and/or holder.

For the names of .biz domain, the holder in addition to the previous Policy, also will have to be put under his specific Policy of resolution of conflicts, published in www.neulevel.biz/ardp/docs/rdrp.html

8.2 For the territorial ND under .es, the holder will have to subject of obligatory form, to the procedure of extrajudicial resolution of conflicts for names of domain under .es, settled down by the organization in charge of his registries, the Public Organization Enterprise Network .es. This procedure is available for its consultation in http://www.hosting-ehost.com/legal/docs/Reglamento_Resolucion_extrajudicial_conflictos_dominio_es

8.3 For the ND .eu and IDNs .eu, the holder is committed to accept any possible requirement of arbitration by the registry of a ND and to be put under Normas de Solución de Controversias .eu, available for its consultation in http://www.adreu.eurid.eu/, as well as to the general norm of the ICANN.

The Alternative Procedure of Solution of Controversies (in future, ADR) will be able to be initiated if the criteria of a speculative or abusive registry are fulfilled, or if it is considered that a decision taken by the Registry contravenes had in the regulating norm the ND .eu.

In those cases in that an ADR procedure begins, if the criteria of a speculative or abusive registry are fulfilled, established in Article 21 of Normas of the Policy of general interest, if the panel endorses the demand, the name will be able to be transferred the plaintiff, whenever it fulfils the criteria for the registry.

8.4 For those disputes that could arise on the ND .be, the holder accepts to be put under the Alternative Procedure of Resolution of Controversies (in future, ADR), developed by DNS .be in conjunction with the Center Belgian of Arbitration and Mediación (CEPIMA).

8.5 In the case of the domains .cat, the client and/or holder is committed to accept any possible requirement of arbitration by the registry of a ND .cat and to be put under the Procedure of mediation, the Policy of Resolution of Conflicts on the Requirements of Admissibility of .cat of the Fundació puntCAT (ERDRP) and the regulating Norm of the Resolution of Conflicts of Names of Domain of ICANN (UDRP).

8.6 In relation to the domains under .mx, the holder accepts to be put under the Policy of solution of controversies in the matter of names of domain for .MX (LDRP) and Regulation of the policy of solution of controversies in the matter of names of domain for .MX, which is available for their consultation in http://www.hosting-ehost.com/legal/docs/Reglamento_solucion_controversias_dominio_mx

8.7 About no case, Solutions Thinks will be responsible for the damages that can be caused if a ND were immersed in a process of resolution of conflicts, as much concerning technical operation as administrative.

8.8 Piensa Solutions will not act as referee for resolutions of disputes between the applicant and third people by the use of the ND.

8.9 the client and/or holder, for the resolution of conflicts of domain names, according to the arranged thing in his regulating norm, will be put under, notwithstanding any other jurisdiction that him can be applicable, to the jurisdiction of the courts of the address of the holder (according to the data of the WHOIS) or to the one of the address of the main office of the recorder.

9º COMPLETION

9.1 the contract will finalize when, in addition to the causes legally established and the arranged ones in the different clauses from this contract, some of the following concurs:

  1. Mutual Agreement.
  2. Conclusion of the initial period of duration or the successive renovations.
  3. Resolution by breach of some of the parts, even by the holder of the ND when this one is different from the client, of the obligations derived from the Contract and the corresponding norm and that to each part concerns to him.
  4. When in accordance with definitive a by arbitration resolution of ND conflicts one determines that this name belongs to person different from the client or holder united by this contract.

9.2 In case of resolution of the contract, by the causes previously mentioned or any admitted others in right, the client and/or holder will have to fulfill the obligations assumed prior to the resolution of the contract against Thinks Solutions and against third parties.

9.3 In those cases in that the rescission of the contract takes place by causes imputable to Thinks Solutions, this he will act according to the arranged thing to these cases by the Registries corresponding and the ICANN.

10º POLITICAL OF PROTECTION OF PERSONAL CHARACTER DATA

10,1 Tesys Internet S.L.U. (in future, Solutions Thinks), in accordance with Regulation (the EU) 2016/679, of the European Parliament and the Council, of 27 of April of 2016 (RGPD), it shows the present Policy in relation to the treatment of the personal data.

This Policy will be applicable:

The user and/or client assume the responsibility of the veracity of the data by him facilitated, committing itself to that the same are certain and they are updated, not being able to use the identity of another person nor to communicate his personal character data unless he credits to have an authorization with legal validity. To such effects, the user and/or client will be the only person in charge against any damage, direct and/or indirect that he causes to third parties or to Solutions by the use of personal character data of another holder without its previous authorization Thinks, or their own personal character data when these are false, erroneous, are not updated or are inadequate. The user and/or client who communicates the personal character data of a third party will be responsible for to have successfully obtained the interested consent for the own one, as well as for the consequences on the contrary.

The user and/or client who communicates personal data to Think Solutions declares to be adult according to the arranged thing in the Spanish legislation, not having to provide data on the contrary to Thinks Solutions. Any data facilitated by a junior will require of the consent or previous authorization of its parents, legal tutors or representatives, who will be responsible for the personal data facilitated by the minors to their position.

The present Policy will be of subsidiary application in relation to other conditions on the collection or personal data processing that could settle down with special character and be communicated through forms of registry or contracts of the particular services, being this complementary Policy of the mentioned ones in what it was not predicted specifically in the same.

The use of the services of Thinks Solutions requires the express acceptance of the present Policy of protection of data.

10,2 Finn of the collection and treatment of the data by Thinks Solutions.

Web Solutions has several files where it picks up and it stores the personal data that are communicated to him as their person in charge of the treatment. Next the purposes of the collection are indicated and personal data processing on the part of Thinks Solutions:

10,3 Adressees of the data.

They will be adressees of the personal data picked up by Thinks Solutions:

10,4 Term of conservation of the data.

The conservation of the personal data on the part of Thinks Solutions will be realised during the term of time that outside strictly necessary to fulfill the purposes picked up in the present Policy, being maintained Solutions properly Thinks blocked these data in addition during the period in which responsibilities could be derived from their relation with the clients.

With respect to the data object of conservation according to Law 25/2007, of 18 of October, conservation of data regarding the electronic communications and to the public networks of communications, the period of conservation of the same will be the detailed one in this norm.

10.5 Rights of the users.

The rights of the users in relation to the collection and data processing on the part of Think Solutions are the following, recognized by the RGPD:

For the exercise of their rights, the users will be able to use the following routes:

Web Solutions reserves the right to acquire a canon by the administrative costs that are derived in the cases of unfounded or manifestly excessive requests by their repetitive character, as well as the right to refuse to act with respect to the same, according to the Art. 12,5 RGPD.

10,6 international Transferences.

About the case of services of Solutions Thinks that they require of the accomplishment of international transferences to make possible the benefit of the same, this circumstance will be indicated in the present contract, accepted of express form by the client of previous form to the same.

10,7 Authority of control.

In the case of considering that the treatment of its personal data has not been realised according to the effective legislation, the users will be able to communicate it to the control authority that in each case corresponds. In Spain, the control authority is the Spanish Agency of Protection of Data, whose data of contact are published in http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

10.8 Piensa Solutions as in charge of the treatment.

In relation to the personal data with respect to which the client showed the condition of person in charge or in charge of the treatment, Solutions Thinks will treat these data according to the concordant Art. 28 RGPD and, when it is necessary for the benefit of the contracted services. Web Solutions will act in this case as in charge of the treatment, according to the indicated conditions next:

  1. In case Solutions Thinks must have access to the located resources of treatment in the facilities of the client, this one will be responsible to establish and to implement the policy and safety measures, as well as to communicate the same to Solutions Thinks, that is committed to respect them and to demand its fulfillment to the people who participate in the benefit of the services.

  2. When Solutions Thinks accedes via remote to the resources of data processing responsibility of the client, this one will have to establish and to implement the policy and safety measures in its remote systems of treatment, being Thinks responsible Solutions to establish and to implement the policy and safety measures in its own local systems.
  3. About the cases in which the service was rendered by Thinks Solutions about its own premises, Solutions Thinks will pick up in its Registry of Activities the circumstances on the data processing in the terms demanded by the RGPD, including safety measures corresponding to this treatment.  

10,9 Data of the person in charge of the treatment.

Social denomination: TESYS INTERNET, S.L.U.

NIF: B-26309096

Head office: C Circunde 16, Industrial estate the Portalada, 26006 Logroño (La Rioja)

E-mail of contact: info@hosting-ehost.com

10,10 Data of contact of the Delegate of Protection of Data:

delegadopd@hosting-ehost.com

10,11 particular Conditions for names of domain in relation to the data processing of personal character.

In accordance with the RGPD and according to the arranged thing in the present Policy of protection of data, Solutions Thinks informs to its clients who the data facilitated in relation to a domain name, in agreement with the arranged thing throughout the present contract, will be facilitated to the ICANN, the Recorder and the corresponding Registry with the described purposes next:

Also, the mentioned data will be transferred to the supplier Iron Mountain Intellectual Property Management, Inc. (Iron Mountain), located in the United States, in their quality of “Agent of safekeeping of data? designated by ICANN (ICANN-Designated Registrar Data Escrow Agent) with the only purpose of storing a copy of the data associated to the registry of the name of domain in accordance with the Policies of the ICANN. Iron Mountain counts on the certification of the Shield of the Privacy of the EU, EE. UU. and of Switzerland, and the commitments that it entails, as it is possible to be verified in https://www.privacyshield.gov/welcome.

With respect to the facilitated personal data in relation to a domain name .eu, these data will be facilitated to Eurid, acting nicline.com as in charge of treatment of these data, showing Eurid the position of person in charge of treatment of the same. Eurid will treat the data in accordance with the had thing in its Policy Privacy available to its consultation in http://www.eurid.eu/

In addition to the previous thing, the client accepts that the data contained in the request for the registry of a domain name could process be and yielded to third parties in the following cases:

The client understands and authorizes, who in the case of some of the organizations indicated in the present clause, as the ICANN, some Registries and suppliers of Services of Alternative Solution of Controversies of names of domains, to which it is necessary to transfer the information associated to the domain in order to serve object of the present Conditions, can be located outside the European Economic Space and therefore, with a level of protection different from the settled down one in the European norm of protection of data.

Also, the client will have to inform into this circumstance to the holders of the data that could turns affected by this transference and treatment, as well as to obtain the authorization of the same in those cases in that outside necessary.  

In relation to the period of conservation of the facilitated personal data for a domain name, Solutions Thinks will be to had in the Policies retention and the conservation of data the established by the corresponding ICANN, Recorder and the Registries and different organizations mentioned in the present clause, which contractually it is put under, and that is available for their consultation from their respective webpages.

11º APPLICABLE LEGISLATION AND COMPETENT COURTS

11.1 In not anticipated in the present contract, as well as in the interpretation and resolution of the conflicts that could arise between the parts as a result of the same, will be of application the Spanish legislation, safe in everything what affects to the registry and the ownership of a ND that will be of application the norm of the ICANN and the one of the competent recorder.

11.2 If it got to arise some conflict or it differentiates between the parts in the interpretation and execution of this contract and would not be solved in mutual agreement, the same will be solved at the request of anyone of the parts and after the communication in writing to the other, by means of arbitration in the Chamber of Commerce and Industry of Logroño.

The arbitration will be celebrated in Logroño, in agreement with which it arranges Law 60/2003, of 23 of December, Arbitration and in the Regulation of the Court of Arbitration of the Chamber of Commerce and Industry of La Rioja.

In case the conflict is raised by a consumer or user, the procedure will be transacted as planned by RD 231/2008, of 15 of February, by that the By arbitration System of Consumption is regulated.

11.3 For the case that the arbitration did not get to be realised by mutual agreement or would be declared null, both parts are put under the Courts and Courts of the City of Logroño with resignation to their own charter, if this one were another one. Web Solutions will be sent to the established thing in the effective procedural norm, whenever it is consumers or users.

11.4 Of previous form to means of conflict resolution mentioned in the previous sections, in the case of consumers and users, the client will be able to direct his complaints and claims to Think Solutions, preferably through S.A. Web Solutions will assign to each complaint or received claim a number of ticket that it will send to the client, so that this one can identify it and know its state, committing itself Thinks Solutions to give answer to the same in the maximum term of a month since the client had sent it.

11.5 If it is reasonably possible, the fulfillment of this contract, will continue during the course of any discord and/or by arbitration or judicial procedure. In case any clause of this contract was declared null or without effect, by a Court or a competent organ, the rest of the contract will conserve its validity, unless the parts decide the conclusion the same.

ANNEX I.

The request of registry of a ND .es supposes the acceptance on the part of the holder of the conditions that are to govern the allocation and management of the ND .es (in future “the conditions?). These conditions are permanently at the disposal of the interested ones in the Web of Thinks Solutions, http://www.hosting-ehost.com/legal/docs/Condiciones_asignacion_gestion_nombres_dominio_es

It is responsibility of the client who the holder has accepted with previous character to the hiring “the conditions? on the part of the Recording Agent, in this case Thinks Solutions. The client, to the acceptance of this contract, declares and declares to have fulfilled the obligation ready in the previous paragraph and person in charge becomes of the consequences and possible claims that its breach can carry.

ANNEX II.

The request of the registry of a generic ND or any other request regarding the same, supposes the acceptance and submission on the part of the holder of the ND of the “Responsibilities of the holder of a name of generic domain? that are published in the webpage of Thinks Solutions, http://www.hosting-ehost.com/legal/docs/Responsabilidades_titular_nombre_dominio

The client has the obligation to inform to the holder of the domain, of the responsibilities that are incumbent on to him.

ANNEX III

The request of registry of a ND .cat supposes the acceptance on the part of the holder of the Terms and Conditions that are to govern the allocation and management of the domain name .cat, which they appear published in the webpage of Thinks Solutions, http://www.hosting-ehost.com/legal/docs/Responsabilidades_titular_ nombre_dominio_cat

It will be responsibility of the client who, with previous character to the hiring of a ND .cat, the holder has accepted the mentioned Terms and Conditions. In case of not fulfilling this obligation, the client will be responsible for the consequences and possible claims that its breach could carry.

ANNEX IV

The request of a ND under .mx supposes the acceptance on the part of the holder of the conditions that are to govern the allocation and management of the domain name .mx, as well as the submission on the part of the holder of the ND to the “Responsibilities of the holder of a domain name .mx? that are published in the webpage of Thinks Solutions, http://www.hosting-ehost.com/legal/docs/Responsabilidades_titular_nombre_dominio_mx

The client has the obligation to inform to the holder of the domain, of the responsibilities that are incumbent on to him. In case of not fulfilling this obligation, the client will be responsible for the consequences and possible claims that its breach could carry.