Responsibilities of the holder of a domain name

Ref: RTND_230518

In order that the end user of the service, the holder of the domain name (in future the holder), properly is informed into the obligations and responsibilities that assume when registering and to maintain a domain name take shelter in this document, of nonrestrictive way, the obligations that correspond to him and that, of voluntary way, accepts:

1. Tariffs

The tariffs by registry and renovation, as well as the determined ones for the other services regarding the domain names will be pleased in advance. If the tariffs of registry and renovation were not paid in the specified period will cancel the registry. The holder accepts that the competent recorder, Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd), DNS.be and Telnic Limited absolutely does not have any responsibility with regard to such cancellation.

Those cases in that a domain name is not renewed, the 6 days of his date of expiration, it will enter state “To register Hold?, deactivating itself at technical level, period in which will remain during 24 days. Next, the 30 days counted from his expiration, it will enter the phase of “Redemption Grace Period?, in which it will remain, during other 30 days. In these cases, Solutions Thinks does not guarantee the effective recovery of the domain, reason why it does not take responsibility of the consequences that this fact can carry. Once finalized this period no longer it will be possible to renew the domain name and in the five next days, it will be free for his registry by any applicant.

The domain names .be could be reactivated in a maximum term of 40 days, immediately later to their cancellation, either by his nonrenovation, or by other causes. 

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

2. Policy of dispute

The Holder of the domain name accepts to be forced by the present policy of dispute of names of domain of the ICANN, as well as to be put under the resolution of conflicts that could arise during the denominated periods Sunrise Period and Land Period of any name of domain, denominated in these last cases “Sunrise Dispute Resolution Polity?.

The actions will carry out in agreement with Political the uniform of approved solution of controversies in the matter of domain names the 26 of August of 1999 by the ICANN available in www.hosting-ehost.com/avisos/solucion-conflictos-dominios-genericos.htm, and the additional norms of the supplier of the administrative service of investigation of resolution of conflicts selected. The ICANN can modify this policy discretionarily and at any time. If the holder is not in agreement with the modification can solicit that its name of domain is eliminated.

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

The holder accepts to be subject to the provisions specified in the dispute policy in force during the period in which their name of domain is required by a third party. Also he will accept that in the case of conflict of a name of domain between him and a third party, he will have to compensate and not to harm to the competent recorder, Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd), DNS .be, Telnic Limited and ICANN in accordance with the terms and the conditions including in the Policy of Dispute.

For those disputes that could arise on the names from domain .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).

The 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.

Neither He thinks Solutions, nor the Recorder, nor the corresponding Registry will take responsibility of the damages that can be caused if a domain name were immersed in a process of resolution of conflicts, as much concerning technical operation as administrative, nor of the result of the same.

Web Solutions will not act as referee for resolutions of disputes between the applicant and third people by the use of the domain name.

3. Use of the information

The Holder will have to provide and to maintain updated the proportionate information in order that she is complete and he needs. This information includes (i) its complete name, direction, electronic direction, phone number and number of fax if it had; (II) name of an authorized person with whom to contact in case the holder is an organization, association or corporation; (III) directions IP of the primary servant and any secondary servant; (IV) the corresponding names of those servants; (v) the complete name, the direction, the electronic direction, the phone number and of fax if it were the case of an administrative contact for the domain name; (vii) the complete name, the direction, the electronic direction, the phone number and of fax, if it were the case, of the contact of zone for the domain name; and (viii) any other data concerning the name of registered domain.

In addition, the holder will have to consider that:

-         The direction of e-mail provided with these data will have to be totally operative, recommending in this case of destining a specific one for this aim.

-         Some of these data, (name, mailing dress, email address, fax and phone number) that will remain hidden in WHOIS following if the applicant she is legal natural person or and of the Policies of WHOIS of the corresponding Registry, will be dealed with by the organizations and with the indicated purposes in the clause of Protection of personal character data the present Conditions. With respect to the contact email, this email will be replaced in WHOIS by an anonymous email that will redirigirá to a contact form, so that interested third parties can contact with the holder of the domain.

-         Web Solutions will have immediately to be informed by the holder of all change in the associated data to the domain. Any omission or delay in informing into such changes, will be able to bring about the rescission of the registry contract.

The holder accepts that providing deliberately incorrect information or failing to fulfill deliberately with the update of information will constitute immediately a material infraction of the contract and will be the base of the cancellation of his name of domain.

The holder of a domain name .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 him associate, is updated, is complete and truthful.

If the holder authorizes to use the name of domain to a third party, the holder will be nevertheless the person in charge of the registry of the name of domain, its use and to provide complete information to his contact and to provide and to update technical information, administrative appropriately and of zone contact. The holder accepts, who if he allows that third parties use their name of domain, he will continue being the holder of the name of domain, and person in charge of all the obligations according to this contract.

The holder accepts and authorizes, with the registry of the name of domain, the use, the copy and distribution, as well as that become public some of the data provided during the registry process as it demands the ICANN. In addition, he will accept that the ICANN can impose you rule, limits and/or conditions that is related to the amount and the type of information that the recorder can or must put at the disposal of public or private organizations. The recorder, aside from that, will not reveal the data of the holder to third parties unless it is necessary to maintain his name of domain.

The holder authorizes and allows that He thinks Solutions and/or the competent Recorder, puts himself in touch with him to verify that all the existing data in their data base, associated to a domain name, are correct. In addition the holder commits himself 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 he constitutes a material infraction of the contract and will be the base of the cancellation of his name of domain.

The holder commits himself to carry out the tasks of verification of the data of his domain, according to the requirements of the ICANN and to the arranged thing in the clause fourth with reference to the Policies of use and especially, to the procedure of “WHOIS accuracy?. In case of breach, Solutions Thinks and/or the competent Recorder can cancel or deactivate the domain name.

4. Policies of use

-         In order to realise with effectiveness the registry process, the holder will have to accept the obligation to fulfill all the terms and the conditions of this document and the policy of dispute, as well as any norm or policy that are or can be published by Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltde), DNS .be, Telnic Limited and ICANN, available these last ones through the webpage of this organization, and specific form in www.icann.org/en/general/consensus-policies.htm.

-         This registry will be effective if it is accepted by Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltde), DNS .be and Telnic Limited, organizations credited by the Corporation of Internet for the Allocation of Names and Números (ICANN) under an agreement. The holder accepts that Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltde), DNS .be, Telnic Limited and Piensa Solutions and/or the competent Recorder can modify these conditions if it is necessary to fulfill his agreement with the ICANN or another competent organization.

-         Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltde), DNS .be, Telnic Limited and Piensa Solutions and/or the competent Recorder reserve the right to suspend or to cancel the name of domain of the holder in case it uses that name of domain to send commercial publicity not asked for in contradiction with any applicable norm or permissible policy of customary use of Internet, or if the holder uses the name of domain related to illegal activities. Therefore, the holder will not be able to use the domain to send not asked for commercial publicity in contradiction with any applicable norm.

-         The request of the registry of a domain name, or any other request regarding the same, supposes the acceptance and submission on the part of the holder of the name of domain of the rights and responsibilities of the holder of a name of domain, available for its consultation through the webpage of the ICANN in http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.

-         By virtue of the registry of the domain name, the person who appears as to title she only acquires the right to use this domain with the object of address in the system of domain name names during the period determined by the Competent Registry, while maintains the payment of her renovations, and assumes all the obligations that come off their ownership as well as the indications of the established norms so much by the competent Registry as by the ICANN in this matter.

-         Therefore, the holder assumes the total responsibility and the risk with exclusive character of which the request is in agreement with the Policy of names of the Registry and the competent Recorder at every moment and for each case.

-         The policy of renovations and notifications related to the use of the names of domain of Thinks Solutions, will be followed by the competent Recorder and consequently, the arranged one by the ICANN (“Expired Registration Recovery Policy?) and available to its consultation in http://www.icann.org/en/resources/registrars/consensus-policies/errp.

In accordance with the had thing in Political happiness 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:

-         1º notification: 30 days before the date of expiration of the domain.

-         2º notification: 7 days before the date of expiration of the domain.

-         3º notification: 5 days later to the date of expiration of the domain (as long as this one has not been renewed previously).

Regardless of these shipments, the renovation of the domain name will follow the procedure established for it, according to the arranged thing in the general Contract to names of domain (available in https://www.hosting-ehost.com/legal/docs/contrato_general_nombres_dominio).

Consequently, the holder of the domain name authorizes and allows that He 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 the 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.

-         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, the administrative and technical contact associated to the domain, has a correct format.

ICANN requires to the intermediary between the Recorder and the people in charge of the management of the domain names, about this case to Thinks Solutions, so that it verifies these data and especially the operativity of the direction of email of the holder of the domain name.

The verification procedure would be:

or    It would be verified at the time of his registry, when realising a recorder change towards Thinks Solutions, or when modifying this email for those domains that already were registered.

or    The holder will receive a notification soliciing from him the verification of his email of contact to verify that it is valid and that works correctly.

or    If the holder is in agreement with the proportionate data will have to make click in the connection that to this end contains the notification, thus leaving certainty of the veracity of its data of registry.

or    The holder will have a term of 15 days natural to come to this validation. If this term without being realised passes, the domain will be blocked automatically and it will not be possible to modify the data associated to the domain, except the email of the holder (indeed for its correct validation). If that email of the holder is associate to more domains and it has not been verified, all the affected domains will be blocked.

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. 

In 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 holder will be able to appoint the client of Thinks Solutions, “Designated Agent? being able to authorize this change in the name of the titular mentioned ones, as long as he 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 Registrar, the Registry corresponding and the ICANN by any action related to the appointment of the client as “Designated Agent?.

The request of change of titling of a domain could be denied 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. 

The change of titling supposes the acceptance and submission on the part of the new holder of the domain name, to the 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. 

In the changes of ownership of the domain names .eu, .be and IDNs .eu, will register the name of domain to name of the new proprietor by a new period of use of a year. For the domain names .eu and IDNs .eu, the term of a year will compute from the date of victory, whereas for the domain names .be the term computes from the date of the change, to day 15 of the month in which it does a year. 

-         The holder will have to fulfill, at any moment, with the requirements demanded by the Registry and the competent Recorder and the ICANN. By virtue of the previous thing, the holder exclusively assumes the consequences that are derived from the breach of the requisite mentioned ones.

-         The most important directions for the consultation of these requirements and policy are:

http://www.icann.org/
http://www.verisign.com/nds/naming/
http://www.neulevel.biz/
http://www.pir.org/
http://www.website.ws/
http://www.afilias.info/gateway/index_html
http://www.mtld.mobi/
http://www.dns.be/
http://www.telnic.org/

-         Web Solutions, the Recorder and the corresponding Registry reserves the right to block, to deny, to cancel or to transfer any name of domain whenever it is necessary stops:

or    to fulfill with the applicable legislation, the legal requirements and in the fulfillment of any procedure of resolution of controversies,
or by breach of the terms and conditions of this contract,

or    to avoid any civil or criminal responsibility of Thinks Solutions, of the Recorder, the Registry and its respective directors, officials, employees, agents, affiliates and shareholders,

or    to correct errors committed by Thinks Solutions, by the Recorder or the Registry, in relation to the name of domain,

or    to protect the integrity and the stability of Thinks Solutions, of the Recorder and the Registry.

-         The holder is responsible for the election of the domain name. With previous character to the hiring of this service, he commits himself to verify that the name of chosen domain is not registered previously. However, due to character merely informative of search, if as a result of the same the indication were obtained of which the domain name is available, is not due to interpret of restrictive form since the data base could not be updated or the domain name could be registered by a third party, in the time interval that passes between the request of registry of the name of domain and the confirmation of this registry.

-         The holder specifically resigns to demand any responsibility, contractual or extra-contractual, damages to Thinks Solutions, even to the Recorder or the corresponding Registry, not to obtain the registry or the renovation of the name of corresponding domain, notwithstanding the exercise of the legal actions that him could correspond before the competent organism or the arranged thing in the effective legislation.

-         The holder of the domain name accepts that neither the Recorder, nor the competent Registry do not have no responsibility, of any class that is, by the losses or responsibilities that the result of awarding of domain name produce, among others that does not respond with the expectations of the holder.

-         The holder is the only person in charge of the use of the name of the domain exempting to the Recorder and the competent Registry of any type of responsibility derived from this use.

-         The use of the name of domain for the illegal taking of steps is prohibited to the holder. The holder guarantees to Thinks Solutions and to the competent Recorder who the name of chosen domain 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.

-         The holder is the only person in charge of the content of his website, of the transmitted and stored information, its operations, the connections of hypertext, the vindications of third parties and the legal actions that can trigger in all the reference to intellectual property, rights of the personality and protection of minors.

-         The holder is responsible with respect to the laws and regulations in force and the rules 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.

-         The holder of the domain names .be must be put under gathered in the Terms and the Conditions for the names of domain .be settled down by DNS .be (http://www.dns.be/).

-         The holder of the names of .biz domain, declares that:
or the domain name will be used of good faith, with commercial or enterprise purpose and that will not be registered for personal use, or in order to sell it, to rent it or to deal with.
or It has capacity sufficient to accept this contract.
or the domain name is reasonably related to the business or the commercial intention of the holder, at the moment in which the registry is realised.

-         For the domain names .mobi, the holder knows and accepts that it must fulfill the requirements, norms, policy, procedures and practices picked up in Guía of style of the domain names .mobi (pc.mtld.mobi/mobilenet/dotmobi_guides.html) and allows the supervision of its webpage to verify the fulfillment of the same, in the form described in this Guía. In addition, the holder knows and accepts 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 names of “Premium? domain .mobi, the client and/or the holder recognize and accept the following thing:

-         The use of the same will have to respect arranged in the Agreement to the names of “Premium? domain .mobi (http://mtld.mobi/node/1135).

-         With the expiration or cancellation of a name of “Premium? domain .mobi, the rights of the client and/or holder on the same and his authcode, as well as on the webpage associated to the domain, will finalize and be reverted to the corresponding Registry, that will have discretion to grant them to another person. The client and/or holder will not be able to protest against the Registry in this sense.

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

-         The design Web must be realised under code XHTML-MP.

-         The webpage must be accessible directly from the name of domain (for example http://dominio.mobi/), that is to say to allow itself to direccionar as much in domains of third level as of second level.

-         It does not have to use frames or marks.

Of periodic form, the Recorder and/or the Registry will verify the fulfillment of these requirements, notifying to the administrative contact of the domain name .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 domain name .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

5. Limitation of responsibility

Whenever the law allows it, the holder will demand neither judicial nor extrajudicially con Thinks Solutions, against the competent recorder, against Verisign, Inc., Public Interest Registry, You affiliate Limited or Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), DNS .be or Telnic Limited, in relation to the losses that (i) of the treatment of the name of domain on the part of the Recorder and of the corresponding Registry (II) of the modification of the registry of the name of domain throughout the Period of Registry had suffered consequently, (III) of the non-payment of tariff of registry or renovation on the part of its representative, or (IV) of the application of the clause of Resolution of Conflicts. The holder accepts that, in case Thinks Solutions bears some responsibility, this responsibility never will exceed the payment of the tariff paid to Thinks Solutions by served.

About no assumption neither It thinks Solutions, nor the Recorder or the competent Registry, nor the managers and stops dependent positions, administrators, shareholders, agents or workers of them will contract responsibility some by direct cause or indirectly related to the use that the holder does of the use of the domain name.

6. Indemnification

The holder of a domain name commits himself to compensate, to defend, to maintain free of load and to exempt as much of any type of responsibility to hosting-ehost.com, as to the Recorder and/or the corresponding Registry (Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), DNS .be, Telnic Limited, etc.), as well as to its directors, officials, employees, agents, and affiliates of all the claims, generated damages, responsibilities, expenses, etc. including the legal reasonable honoraria and expenses or related to the registry of name of domain of the holder. This obligation will subsist to the completion of the contract.

7. Guarantees

The holder declares and guarantees that all the information that it has given in relation to his registry is complete and correct.

The holder declares that he does not have knowledge of which the registry of the domain name or its use violates the rights of a third party. The holder guarantees to Thinks Solutions and to the competent Recorder who the name of chosen domain 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.

The holder accepts any possible requirement of Thinks Solutions and/or of the competent Recorder, in accordance with the norms or conditions imposed by the ICANN, to verify the veracity of the data associated to a name of domain and, where appropriate, to that it is come to the update from the same through procedure established by Solutions Thinks.

Consequently the holder accepts that Solutions and/or of the competent Recorder Thinks, puts himself in touch with him or his administrative contact, of direct way, whenever the ICANN demands interventions of this type.

The breach of these guarantees will be considered as breach of the Contract reason why as much Thinks Solutions, as the competent Recorder, as Verisign, Inc. as Public Interest Registry, You affiliate Limited, Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), DNS .be and Telnic Limited can cancel the domain affected by this breach.

8. Term of the use of the domain name

When it was stopped making use due of the domain name: a) or not to renew it and before it is free for his registry by another holder or b) or by the simple disuse of the domain name while he remains registered, the holder must fulfill the obligations assumed prior to the cease of his use against Thinks Solutions, in front of the competent Recorder, against Verisign, Inc., Public Interest Registry, You affiliate Limited, Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), DNS .be, Telnic Limited and against third parties.

9. Several

The resignation by anyone of the parts to exercise the rights that on the other attend in case of breach of some stipulation of this contract part to him not will be considered as it resigns to as much exercise them before any other breach of the same as of another stipulation.

If any stipulation of this contract were declared null or without effect, wholly or partly, by any court, the remaining stipulations will conserve their validity. On the other hand Solutions, the competent Recorder, Verisign, Inc., Public Interest Registry Thinks, You affiliate Limited, Global Domains the International, Inc. (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), DNS .be and/or Telnic Limited will amend or replace such provision that it is valid, feasible on the other and which obtains, within the possible limits, the original objectives.

The parts recognize that the entrance in force of this contract does not suppose any type of representation, delegation, guarantee or other provisions different from specifically described in this contract; and in agreement with it, all the terms, conditions, guarantees or other aspects implied by agreements or general regulation, are explicitly excluded until the limits allowed by the law.

The holder of the domain name commits himself not to ask for the Recorder change within 60 days to count since the initial registry was realised or the last recorder change took place.

The holder of the domain name accepts that the Recorder and/or the competent Registry do not have any responsibility, of any class that is, by the losses or responsibilities that the result of awarding of name of domain during the Sunrise Period and Land Period would suppose, including: (a) the incapacity or incapacity of a person to present the request of preregistry, and (b) the results of any conflict on the Sunrise Period and Land Period.

Of exclusive form for the domain names .mobi, mTLD Top Level Domain Ltd. (“dotmobi?), as authorized Registry of the domain names .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 domain names .mobi. In addition, the rights of the third beneficiary will remain finished this contract once.

In case of resolution or rescission of the contract, by some of the causes in him mentioned or any admitted others in right, the holder will have to fulfill the obligations assumed prior to the resolution of the contract against Thinks Solutions, in front of the Recorder, the Registry and third parties.

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

10. Protection data

In accordance with Regulation (the EU) 2016/679, of the European Parliament and the Council, 27 of April of 2016 (in future RGPD) and according to the arranged thing in its Policy of protection of data published in https://www.hosting-ehost.com/legal/docs/politica_proteccion_datos_caracter_personal, Solutions Thinks informs to the holders of domain names that the data facilitated in relation to a domain name, in agreement with the arranged thing throughout the present Conditions, 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.

In addition to the previous thing, the holder 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 holder 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.

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.

Neither It thinks Solutions, nor the recorder, nor the Registries competent become people in charge of the breach on the part of the holder of the RGPD in the part that to its activity corresponds to him.