Palimpalem - Condiciones de uso
THE PALIMPALEM SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY SPANISH LAW, PALIMPALEM DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
1. FREE SERVICE DEFINITION
Palimpalem's free Service includes certain Space from a server for you, as User, to lodge your Web Site as well as provided tools for building, editing and modifying your Web Site. Palimpalem will hold the right to insert at its sole discretion, any advertisements into your free Web Site (see clause 5.A.).
On both cases, you as User, acknowledge without exclusions nor limits, the fulfilment of the following:
2. RIGHT RESERVES
B. Palimpalem shall have the right, at its sole discretion, to temporarily modify, disable access to or discontinue any part or all of this website or any information contained thereon without liability or notice to you when occurs any reason for maintenance or security reasons or other reason that causes malfunction of Service.
C. Palimpalem shall have the right, at its sole discretion, to modify any change and/or any limitation and/or any condition of Palimpalem's free Service without liability or notice to you.
3. ACTIVATING AND REGISTRY OF SERVICE.
Once registered, the User will be able to choose between one of the different options of Web designs to start creating the User’s own Web Site.
Internet address of the User’s Web Site will include the User’s name (known as “nick”).
A. The use of Palimpalem is offered to the User as a person who is able to legally sing contracts in which the User is involved with third parties, according to the a applicable law. That excludes in any case those minors under 18 years old. If a minor wish to use Palimpalem Services, it is required the expressed authorization of the minor’s legal tutors. Such expressed authorization will be asked to be the act of registry in the name of the minor. If you know of a minor using our space without legal authorization, you should provide Palimpalem's workers with the information about it, so we will be able to resolve any legal problem.
The User acknowledge that the use of Palimpalem's space is under your sole risk and/or responsibility. You, as User, agree with this document to compel with all legal requirements or other requirements of this declaration.
B. Palimpalem is solely defined as a free Service of web hosting for a determined space and of offering those free tools to create and design User’s Web Site, providing for that aim, the resources that are to Palimpalem reach.
C. Palimpalem informs that we disclaim any responsibility for or liability related to our Service User’s correspondence or related activities with third parties. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You as User agree that we, Palimpalem will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
In the case that you, as User of our space, will hold any dispute and/or claim and/or complaints with other User/s and/or with other third party and/or other third parties, you as User, disclaim here by agreeing with this document any responsibility for or liability of Palimpalem as organization and/or of its workers, directors, managers, administrators, agents and/or its/their successors to any related complaint and/or claim, including but not limiting any lawyer honoraria and/or causal or by consequence damages of any type or nature, known or hidden, supposed or not supposed, revealed or not revealed, even when those claims and/or disclaims have been originated within Palimpalem's space and/or Service.
In agreement with the legislative Spanish law related to the Services of the Information Society Palimpalem disclaim any responsibility for or liability related to any content of our User's created and/or manipulated web pages, so as to the content of any comment in open and public areas of our space. Palimpalem will try, with every possible resource, to eliminate any content or opinion within legal right, including but not limiting any outdated data to our own liability or any data requested by competent authority that could request us to do so.
E. Palimpalem's hosting space service must be used only within legal purposes.
Palimpalem informs any User that it is strictly forbidden in any area of our hosting space any conduct that violates any applicable law.
Those forbids include without any limitation, exception among others:
E.1 – Any information, image and/or publication considered obscene and/or abusive, defamatory and/or offensive, or not desired, including but not limiting any explicitly sexual or indecent advertising, which includes any hiding of incorrect and/or vicious writing, so as to images illegally declared by any competent law as illegal, any images considered as a legal threaten or that violates any privacy or publicity right
E.2 – Any information, image and/or publication that procures or persuades any act related to initiate or to obtain sexual services from or to a minor.
Palimpalem declares its total opposition to any form of minor pornography or exploitation and that we will fight with any possible means to eradicate those behaviour.
E.3 - Any information, image and/or publication including those declarations, statements, opinions or comments which involve any xenophobic content or despise of racial and/or social meaning, religious despises o repealing adjectives or any kind of comment that appeals to violence, hate and/or any other kind of offensive language.
E.4 - Any information, image and/or publication including those declarations, statements, opinions or comments involving any racial or ethnic contempt, harassing, pestering or despise, neither related to an individual nor related to a group, those people being or not intregated in private, public, local, nationwide o international institutions.
E.5 - Any information, image and/or publication including those adult services or any advert related to those kind of sexual appointments.
E.6 - Any information, image and/or publication including those declarations, statements, opinions or comments involving any about the creation, the use, the exhibition, and or any other reference to the selling or distribution or any kind of weapon and/or any other substance included in any catalogue as illegal, so as any kind of material which could be used in any violent act, including but not limiting any material or materials considered as “self-defence”.
E.7 - Any information, image and/or publication including those declarations, statements, opinions or comments involving matters of production, cultivation, treatment, consume or any other reference to the selling or distribution of any kind of substance considered by the Spanish law as a toxic substance, narcotic, psychoactive drug and/or any other chemical substance legally catalogued susceptible for the use of manufacturing those drugs referred above.
E.8 – Any non authorized or non official used of material protected by the law of industrial or intellectual property, patent, copyright or trademark or any other right of intellectual property, so as any material or information that violates any law of export control.
E.9 - Any information, image and/or publication including those declarations, statements, opinions or comments involving the transmission, distribution or publication of any reason that includes or reveals personal information relates to a person or entity, not being specifically and most reliable communicated authorization by that person or entity, including with no limits any number of telephone or address, debit or credit cards numbers, telephone cards numbers, so as any number or passwords of Users or any similar financial data or any personal address data.
E.10 - Any information, image and/or publication including those declarations, statements, opinions or comments involving the transmission, distribution or publication of any illegal product under the applicable Spanish legislation, statue, and/or regulation.
E.11 - Any information, image and/or publication that includes in any way, emotionally manipulative stories, get-rich-quick pyramid schemes, chain letters or pyramid letters offering whatsoever and/or criminal or fraudulent advertising.
E.12 – Likewise it is strictly forbidden the use of any computer program that causes problems or attacks to the internet. It is also forbidden to put the security of the servers to a test by trying to enter or any other action not strictly necessary for the user to enjoy the purpose of our space.
E.13 – Palimpalem declares its total opposition to “SPAM” and/or mail bombing that flows in the internet and causes malfunction and loss of service at Palimpalem. All spam and/or mail bombing and/or similar are strictly forbidden.
Palimpalem also informs that it is strictly forbidden to use whatever kind of internet service to send spam and therefore bring visitors to your hosted web, at or through Palimpalem, although those spam were or not originated by you as user, under your agreement or not, or by some third party.
Although everything above is forbidden, if there would be any chance that you as user were exposed to those prohibitions explained in the two paragraphs above in this section, you agree to disclaim any responsibility to Palimpalem for whatever damage involved with the above matter,, coming from any third party
A. Palimpalem informs the User that it is strictly forbidden within user's web pages to include any type of banners. As a matter of fact, User agrees that the only publicity would be that included/or authorised by Palimpalem. On those web pages with any kind of paid service, banners would be allowed under certain conditions included in every specific service.
B. Palimpalem informs the User that it is strictly forbidden within user's web pages to use within the space of Palimpalem for the storage of folders no directly accessible by the web.
C. Palimpalem informs the User that it is strictly forbidden within user's web pages the inclusion in any web page, of whatever type of computer application or program which is legally protected by any copyright law or trade made when that inclusion provokes a violation of those affected rights.
D. Palimpalem informs the User that it is strictly forbidden within user's web pages to include and/or use in User's web space whatever kind of tool protected by the rights described on the previous paragraph. As well as the inclusion on the user's web of any kind of serial identification (in form of digits or any other form) that validates or register in an illegal way any application and/or program protected by those above referred laws.
E. Palimpalem informs the User that it is strictly forbidden within user's web pages to act in User's web space in any way that violates any kind of third party legal rights.
G. Palimpalem informs the User that not login in the web page or not using the tools provided by Palimpalem on the User's web page in a reasonable lap of time (to the best judgement of Palimpalem) implies that the User intends to quit the registration and therefore, any content included at that time on User's web space.
H. Palimpalem informs the User that it will be watched the abuse of amount of transferred information to/from User's web page, so that to avoid that this abuse place at risk the correct function of the rest of web pages hosted within its space. Palimpalem will to its best intention determine the quantity of allowed transfer amount for the right performance of its service.
I. Palimpalem informs the User that Palimpalem will use every available resource to grant the permanent access to User's web pages hosted within its space, as well as the safety copies of those web pages, although User agrees here that Palimpalem will not have any responsibility for the impossibility for the user to the correct access the space of Palimpalem due to loss, modification or elimination of the data and/or the pages, and the incomplete, total or partial recover of the data contained in the user's web pages.
J. Palimpalem informs the User that Palimpalem does not hold any responsibility for the speed and/or the stability of the transmission of data through the Internet connexion, neither is responsible for the saturation that would exist on those channels of data transmission and that could affect the access and/or the speed of its space
K. Palimpalem informs the User that all content included in any of the web pages within the space of Palimpalem, including designs, data, information, logos, images, programs and/or applications included in every and whatever page under Palimpalem's service, are protected by copyright, trade mark, patent, industrial or intellectual property laws property of Palimpalem and/or property of third parties, and User must know that he does not hold any right to reproduce, copy, modification, development, distribution and/or publication of those contents, unless he holds a clear authorization either from Palimpalem or from the legal owner of those affected rights. User agrees here to compromise to use those contents only for his own use, not making in any case, any commercial trade, directly or indirectly, of any of the referred contents.
L. Palimpalem informs the User that here you let Palimpalem the permanent right and/or the license, not revocable, and without exclusive character of any content, element or design that it is inserted in your web page within Palimpalem's space for Palimpalem to use, modify, reproduce, adapt, add to o publish, translate, distribute, analyse, execute or exhibit (totally and/or partially) that content or element on international basis, without any limitation whatsoever and/or to use that content or element in any way or through whatever kind of technology of any nature and/or in any range, actually know or in the future to be developed.
M. Palimpalem informs the User that any data you offer for the service provided by Palimpalem will be protected by the Palimpalem's Data Protection Policy
N. The User authorises here Palimpalem to provide you with commercial communications through e-mail and/or any other similar electronic ways and/or any other communication way, either publicity or promotional referred to the products or services provided by Palimpalem.
O. Palimpalem informs the User that in agreement with what is described in chapter 2 (Right reserves) and/or if it is infringed whatever term of use, general or particular, and/or if it is damaged and/or if it is placed to a risk the correct function of Palimpalem's service, and/or if it is used that Service against the proper activity of Palimpalem, that will be enough reason to close down the registration of that User that provokes so.
The email address that you, as User, provides us, is only used to confirm your registration details and password (and to send new passwords if you ever forget yours), and also to maintain Users informed through a magazine of all those news that will appear at Palimpalem's community.
6. Communication's policy between Palimpalem and the User
Palimpalem would like to inform Users that the communication needed between both parties will be always throgh electronic ways within the different channels that Palimpalem's space offers, like email@example.com or firstname.lastname@example.org , leaving to Palimpalem's own choice the chance to establish communication through any other way not specified before.
Therefore and to the possibility of contract and use these Specific Services, the following conditions have to happen apart from the ones above mention:
7.2 The user bind himself/herself to protect the access to the specific service against not authorised used. Palimpalem advises the user that user's data (user's name and/or user's password) must not be revealed to others. The user is fully responsible of whatever not authorised used of user's data and/or to the function of the service, due to user's misbehaviour. If user knows that user's data could have reach to thirds, user bind himself/herself to change user's password. User has an easy option to change password offered in user's “Control Center”. Palimpalem hold the right to modify user's name and/or password in any moment (due to a legal resolution or due to managing decision) notifying the user prior to that needed change.
7.3 Those payments of the specific services done by the user will be listed in a table which shows the kind of Service, data of activation of the service, the length of service and the way of payment. These tables are made available for user private consultation at the own user's “Control Center”, under the “Plus Service” link or “Extend Plus Service” link.
7.4 The user is responsible for the veracity of the data given and user compromises not to offer user's false data and it would be wise for the user to act swiftly on the rectification, correction of that data if necessary.
7.5 User agrees that payment offered by Palimpalem will be done through a third party service to the user as well as to Palimpalem which is an internet secure payments web page. The payment will be done by credit or debit card or by SMS. Therefore user agrees that Palimpalem does not hold any responsibility of claiming coming from those payments as the payments are fully processed by a third Company basis. The cancellation of those payments must adjust to the establish on that third company terms.
Payment will be also offered to the user, as an alternative, in means of a bank transfer or account payment, or any other similar payment way (fixed costs of transaction will be on user's account)
7.6 In order to be able to cancel any of the different Specific Services paid through bank transfer or account payment, or any other similar payment way, User should send via email to email@example.com within the first seven labour days of the place of the order, explaining in it, the data of order and the cause of cancellation.
7.7 Definition of Domain Name Registration and information about specific conditions for hiring.
These conditions are specified as 'General Hiring of Domain Names' and are included here for the user to read, understand and agreement just before the hiring, in the corresponding section.
Nevertheless, an extract is included here for the user to consult.
Palimpalem, in the moment of receiving the order from the user for the registration of the domain name, will act diligently with all procedures for the fast and complete domain registry as well as to proceed with the necessary configurations to connect this domain with the user's Website.
7.7 A) Extract of General Hiring of Domain Names
The service party is Martin Schenk S.L. (Spanish Limited Company) who (from here forth) shall be called "Palimpalem", with company registry number CIF: B84645654 and registered address in Calle Claudio Coello 14, 5G in Madrid, Spain.
The contracting party who (from here forth) shall be called "Client", is the legal or natural person that fills out the registry form and declares to know and agrees (after being informed of the kind of service that we provide and how it works) with this present contract.
Both parties, Palimpalem and the Client are interested in singing this contract agreeing with the following terms and conditions.
Domain holder and/or Registrant: Legal or natural person that acquires the rights to use the Domain Name in that period established by the purchase of it.
Contract: All clauses included in this document, in the contract form, so as the additional information about this service that is announced in our web (www.palimpalem.com)
Besides, the Domain holder has also to attend the ESTABLISHED RULES OF THE COMPETENT REGITRYS WHICH ARE OF A STRICT AND MANDATORY ENFORCEMENT. Therefore, any infringement of the previous could determine the way that Palimpalem offers this service. Those rules will affect the interpretation or application of the present contract.
These rules can be inspect at:
Domain Name: Chain of characters that through a DNS identifies an Internet address (IP)
Registrar: National or international entity, public or private, authorized by ICANN to negotiate domain names and to publish through WHOIS, the information required to the domain holder, as well as the contact person given by the registrant who also administrates the DNS (Domain Name System) of the domain names.
A list of competent registrars can be found at www.icann.org/registrars/accredited-list.html.
Registry: Public or private entity, authorized by the ICANN that negotiates and maintains the data base of each Top Level Domain.
Registry - Provider: Company who holds a commercial relation with Palimpalem that is authorized to manage the purpose of this contract.
EURid: A non-profit-making organism, duly constituted, selected by the European Commission, and authoized to manage the top level domain .eu (www.eurid.eu).
ICANN (Internet Corporation for Assigned Names and Numbers): A non-profit-making organism created to assume, among other roles, the responsibility about IP address locations, the assignments of protocols, the management of Domain names system and servers; in short, assure the right function and stability on the Net.
WHOIS: Public access interactive instrument in the Internet that provides information about holder, contact data and/or availability of a Domain name or an IP address.
2. DESCRIPTION OF CONTRACT.
This present contract has the purpose to establish the conditions (reciprocal rights and duties) for a client to request the registry and/or to transfer, with or without a change of register, of a Domain name through Palimpalem. It has also the purpose of regulate the conditions and the kinds of payment that Palimpalem offers the client for the rendered service.
Palimpalem acts as an intermediary between the Client and/or domain Holder, whatever affects, and the Registrar and submits to all procedures and/or limitations determined by the ICANN and/or the competent organisms.
3. REGISTRY, TRANSFER, CHANGE OF REGISTAR AND RENEWAL OF DOMAIN NAMES.
3.1 The hiring service object of this contract includes the compromise of Palimpalem to do promptly the right usual procedures in order to:
Register, transfer or change of registrar of the domain name chosen y the Client, so as the renewal of the domain name registry as long as requested by the Client, always observing the rules and managing periods established by the correspondent registrar entity.
Proceed to do the corresponding configurations to connect the domain name address requested by the Client to the Website address that the Client has created within Palimpalem's space.
3.2 The Client accepts that although Palimpalem carries out the correspondent request (of the domain name registry) presented to the competent organizations, the granting, transfer or renewal of that registry is of exclusive responsibility of those official registry organisms.
3.3 The Client acknowledges that the domain name entire responsibility falls upon to whom is declare as the domain name's holder.
3.4 The written notice to the Client about the success of the domain name registry will be emailed to the address given in the contract form by the Client as the holder's email address.
3.5 Renewal of a Domain Name: Once a Domain name is registered and/or transferred to Palimpalem's servers, will be Palimpalem in charge of the renewal of those, requesting the correspondent fee for that service (please refer to the 4th Clausule of this contract)
Palimpalem will have any responsibility of the denying of renewals of domain names for reasons attributable to non-compliance by the above-named competent registry organizations.
3.6 Transfer and/or change of registrar: If case a Client having already registered a domain name hold in servers of another provider, the Client must request:
1. A transfer of the domain name to Palimpalem's servers, either the Client or its actual provider.
2. A change of registrar.
Either the Client and/or the Domain name's holder commit here not to change the registrar of that domain name in less than 60 days from the day of initial registry and/or from the day of last change of registrar.
In either of these cases mentioned above, Palimpalem cannot assure the change of registrar. It is the previous registrar who must authorized that transfer. It can occur that Palimpalem cannot offer that requested domain name.
The correspondent fee for this service is given at the 4th Clausule of this contract
3.7 Change of any data related to the domain name's registry: For Palimpalem to comply with this service demands that the client comply with the requirements and/or procedures requested by Palimpalem. That includes to send/provide the necessary documentation following the requests of de competent registrars and/or registry organizations.
The Client will be properly inform of the necessary procedures and/or the fees for that service which could vary depending on those competent registrars and/or registry organizations.
Palimpalem's fee for such service is given at the 4th Clausule of this contract
3.8 In the act of filling out the requested form for a domain name registry, transfer of it, change of holder's data and/or other data changes, change of registrar, the holder (registrant) specifically agrees and authorizes here the collection and the assignment of data by the competent organization, and therefore, the processing and publishing of the entire given data that appears at the WHOIS (Public access interactive instrument of domain names data) and that would be: name, full address, emial address, fax, telephone numer, language, country of the domain name's holder, the domains name's technical contact, the domain name's administrative contact. This request is established by the competent registrar/registry organization.
In that case in which the Client is not the same person as the Holder, would be the Client responsible for the holder to accept that obligation mentioned in the previous paragraph. By not doing so, the Client will have the entire responsibility of the legal consequences that will occur.
3.9 The result of availability of a domain name could not be exempt from mistakes due to the content of the amount of information generated by multiple data bases. Palimpalem offers this service for the Client at his Control Center of his Website but cannot hold any responsibility for the results of that search, having such search including, but not limited to be just an information.
4. FEES FOR REGISTRY, TRANSFER, REGISTRAR CHANGE, RENEWAL OF A DOMAIN NAME AND FORMS OF PAYMENT
* For any domain name registry .com .net .info .org and .de there is a fee of 11,00 euros (taxes included) for a period of a year from the moment of registry.
* For any domain name registry .es, there is a fee of 11,00 euros (taxes included) for a period of a year from the moment of registry.
* For any domain name renewal .com .net .info. org y .de, there is a fee of 11,00 euros (taxes included) for a period of a year from the moment of renewal.
* For any domain name renewal .es, there is a fee of 11,00 euros (taxes included) for a period of a year from the moment of renewal.
All that fees will be valid unless any modification of taxes given by the competent registrars. In that case, precise information will be given in advance to the Client.
4.3 Transfer and/or change of domain name registrar: The year fee for that transfer and/or change of a generic domain name of second level (In the Domain name System - DNS - hierarchy, a second level domain - SLD - is a domain that is directly below a top level domain - TLD -. For example, in example.com, example is the second-level domain of the the top level domain .com) of .com, .net, .org, .biz y .info, will be of 11,00 euros (taxes included). The payment of that fee extends automatically the registry of the domain name for a year from the moment of transfer and/or change having successfully occur.
4.4 Change of domain's holder and/or other data related to that domain: That fee will be provided in advance by Palimpalem to the Client in the moment of the request, as it depends on the competent registry organization's fees. So the Client will be also informed of the procedures needed for these changes.
4.5 All fees mentioned on the previous paragraphs are shown with taxes included. It is mandatory by Spanish law to include taxes in information about prices.
4.6 PAYMENT PROCEDURES:
The payment of the services described in this contract are due to do it 'in advance' on the first request of service by the Client. Palimpalem offers the Client some forms of payment; with credit card (through Paypal - a third party that manages for us this form of payment), throughout bank transfer or bank deposit to Palimpalem's account properly announced at our Website.
The renewal of a domain name registry is also due to do it 'in advance' through credit card (through Paypal - a third party that manages for us this form of payment), throughout bank transfer or bank deposit to Palimpalem's account properly announced at our Website.
In case of a renewal, Palimpalem will inform the Client sending several emails with time enough before the domain name registry expires. Payment should be done with at least 7 days of expiration date and the failure to do it with such anticipation will not assure the correct renewal of the domain name registry.
Palimpalem's bank data is offer to the Client within the registry form if chosen that form of payment.
Palimpalem will not start with the procedures corresponding to the requested service unless is proved the notice of payment in any of the forms mentioned above.
4.7 Palimpalem will issue a proper invoice for the provided services if requested it by the Client by sending us an email.
4.8 Palimpalem issues invoices through emails to the address given by the holder/client, including that invoice as an attachment.
4.9 For any refusal of bank transfer or bank deposit payment due to any problem related to the Client, Palimpalem will charge an additional extra fare of 3,00 euros (plus corresponding taxes)
Palimpalem will not be responsible in any unpaid services and would not execute any registry or renewal of any domain name if that occurs.
4.10 The amount of money of the fees for those services given in this contract are also properly shown in our Website (www.palimpalem.com) and could be subject of changes and/or modifications by Palimpalem.
In that case, Clients will be notify with enough anticipation prior to the next needed service. Clients will then decide whether or not continue with this contract in case of no acceptance of the new fees.
5. COMING INTO EFFECT, LENGTH AND EXTENSION.
5.1 This present contract will come into effect once payment is done for any requested service by filling the provided form and the minimum length is for ONE YEAR, counting the date of registry.
In case of a transfer of a domain name, it will count the date provided as the expiration of registry shown at the WHOIS (Public access interactive instrument of domain names data).
5.2 The effect of extension of any service object of this contract will be done once the Client is properly informed about expiration data of the domain name registry and payment is done within the terms exposed in the 4th clause of this contract.
6. PALIMPALEM'S OBLIGATIONS AND RESPONSABILITIES
6.1 Palimpalem acts as intermediary between the Client (and/or the Holder) and the competent domain name registry organizations and/or similar providers, following with the procedures for a registry, transfer, registrar's change and renewal of the domain name, whatever service is required.
6.2 Palimpalem will not assume any responsibility of failures involving third parties if the domain name requested, although available at the moment of filling the domain name request form, could not be registered. Palimpalem will neither assume any responsibility for any failure involving third parties if the renewal of the domain name requested is denied after having done the official procedures asked by the competent registrars.
Palimpalem will be only responsible in those cases in which registry or renewal of the domain name requested do not take effect by any careless or negligent act due to Palimpalem.
In that case, Palimpalem will offer the Client the opportunity of registering another domain name again chosen by the Client or the refund of the fees paid by the Client for the service.
Therefore, the Client and/or the Holder specifically renounces here to claim any responsibility, Contractual and Extracontractual Civil/Public Liability, to file for actual / compensatory damages against Palimpalem, to the competent registrar and/or to the registry organization for not being able to hold the domain name, without prejudice to any other remedies or rights available to it.
6.3 Neither Palimpalem, nor the competent registrar, nor the registry organization will be, in any case, responsible for the vulnerability of any industrial or intellectual rights, or any other legitimized rights cause by the registry of a domain name by the Client/Holder.
6.4 Palimpalem is not responsible for whatever causes attributable to the Client/Holder, nor for those actions taken by the competent registrar, nor by mistakes occurring on the process of registry.
6.5 Neither Palimpalem, nor the competent registrar, nor the registry organization will be, in any case, responsible for the damages cause for the infringements of the Client/Holder complying to the domain names regulations and/or the misuse of the domain name done by the Client/Holder.
The responsibility that assumes Palimpalem or the competent registrar due to the damages done by the misuse of the domain name done by the Client/Holder will be to the limit of the fee of the registry paid at the moment of the controversy and/or dispute.
6.6 Palimpalem and the competent registrar reserve the right to carry out the immediate suspension or cancellation of the domain name registered by the Client/Holder when such domain name is misused by sending non-desired commercial publicity ruled by any law, or by braking any Internet customary law, or by using the domain name for illegal activities.
6.7 If the Client/Holder breach any of his obligations described in this contract, either Palimpalem and/or the competent registrar reserve the right to carry out the immediate suspension or cancellation of the domain name registered.
6.8 Palimpalem holds any responsibility due to the failure of operation of the contact email address given by the Client/Holder, or for the failure of the Client/Holder by not informing Palimpalem any email address change of contact due to any alleged excuse due to the negligence of maintaining updated this important email data.
6.9 Palimpalem does not guarantee the utility of a chosen domain name for any particular purpose.
7. CLIENT/HOLDER RIGHTS, OBLIGATIONS AND RESPONSABILITIES
7.1 Client/Holder must comply with all terms and conditions of this contract exercising a professional activity, acting to the best of his knowledge and good intentions.
IT IS MANDATORY FOR THE CLIENT TO INFORM THE HOLDER OF ALL OBLIGATIONS DUE TO A DOMAIN NAME REGISTRY, AND TO GET AN EXPRESSED CONSENT FROM THE HOLDER WHEN REQUIRED BY THE COMPETENT ENTITIES (Only applies when Client is not the same person or entity as the Holder)
7.2 Client must undoubtedly satisfy the fees given for the services at the 4th clause of this contract.
7.3 By means of this contract, the person or entity which appears as Holder of the domain name (being or not Palimpalem's Client) acquires only the right to use the domain name to the effects of addressing in the Domain Name System in Internet during the length of this contract, being determined by the competent registrar and assumes all obligations of this contract as well as the indications of the correspondent rules to be given by both the competent registrar as well as for the ICANN in this matter.
The Client assumes full responsibility and the risk, with exclusive means, that the request form for the domain name registry complies with the regulations of registry given by the registrar and/or the registry organization in any moment and for each case.
7.4 Both Client and/or Holder, in any case, are sole responsible for the election of the domain name, so as for the use of it, absolving Palimpalem of any responsibility as a result of these acts.
Both Client and/or Holder guarantee to Palimpalem that the domain name registry does not involve any illegal purposes, nor damages any legal intellectual property rights of third parties.
7.5 In case of any controversy raised upon legal using rights of a chosen domain name, the Client and/or Holder, in every case, agrees to solve them upon request and following the procedures established by the competent registrar. These requests and procedures are describe in clause 8th of this contract.
7.6 The Client and/or Holder of the domain name, in every case, must fulfill at any time, with the request demanded by the competent registrar, by the registry organization and by the ICANN.
Besides, the Client and/or Holder of a domain name with a top level domain .eu declares here that has entire knowledge, agrees and compromises to fulfill,
at any time, with the requests demanded by the official Terms and Conditions affecting registries of domain names ended with .eu, legal requirements, registry policies and/or rules of solving controversial matters of domains .eu.
Always following those rules, terms and established periods given by the EURID - registrar's entity for those domains - which are shown at www.eurid.eu
Therefore, both the Client and/or Holder of the domain name assume the exclusive consequences due to the failure to execute any of the above mentioned rules, terms and established periods, only when applies.
IT IS MANDATORY FOR THE CLIENT TO INFORM THE HOLDER OF ALL THIS OBLIGATIONS (Only applies when Client is not the same person or entity as the Holder)
7.7 The Client and/or Holder of the domain name could not claim Palimpalem and/or the registrar for damages caused by the Client and/or Holder not fulfilling this obligations of the previous paragraph.
7.8 The Client and/or Holder declares here and guarantees that all information given to Palimpalem is complete and correct. It is also mandatory for either the Client and/or Holder to communicate any modification of that information for the necessary update.
7.9 The Client and/or Holder obliges himself here to maintain updated, operative and active the email address given by the registry form. It is very important as it is the only way that Palimpalem uses to communicate with its clients and develops an easy and fluid communication for Palimpalem to offer a better service.
Palimpalem will not be responsible of the consequences caused by the failure of operation of the contact email address given by the Client/Holder, or for the failure of the Client/Holder by not informing Palimpalem any email address change of contact due to any alleged excuse due to the negligence of maintaining updated this important email data.
7.10 The Client is the only responsible for the use and hold of login data (user's name of the Website and password) to reach the Control Center if the user's Website at Palimpalem.
7.11 The Client and/or Holder are only responsible for the compliance with the applicable laws, actual regulations and rules corresponding with the operation of the 'online' service, electronic trade, author's rights, keeping public order, and following the universal principles of the Internet use.
7.12 It is strictly forbidden the use of domain names against the good will and, in any particular case, including but not restricted to:
7.13 In any dispute about an formal application or request that causes discrepancies between the Client and the Holder of the domain name registry, Palimpalem or the registrar will consider the Holder as the entitled part with the rights of the domain name registry.
7.14 The Holder and/or the Client, in any case, authorizes and agrees that the registry organization will contact the Holder to assure that the data provided is updated and correct. Besides, the Holder agrees that once acknowledged that there is some incorrect information in the data hold by the registry organization, will promptly act to update it. Holder must know that providing incorrect information causes an infringement of this contract and could occur the cancellation of the domain name registry.
The Holder and/or the Client, in any case, must provide an answer within 15 days to any request coming from the registrar relating to the update of the information given for the domain name registry. In case of failure to answer, the domain name registry could be cancelled or deactivated.
7.15 The Client, with the acceptance of this contract agrees to get the invoices of the service by email, with the invoice as an attachment, as it is rule by the actual regulations in this matter.
7.16 Besides, both the Client and the Holder accept any obligations of this contract, also when not specified in this clause.
8. DOMAIN NAME REGISTRY CONFLICT RESOLUTION
8.1 The Holder and/or the Client, in any case, compromise to attend any possible arbitration requirements when holding a domain name registry and comply with the Conciliation and Arbitration Rules of Domain Names Conflicts (following the the Uniform Domain-Name Dispute-Resolution Policy, often referred to as the "UDRP"), approved by the ICANN (www.icann.org/udrp/udrp.htm).
This DOMAIN NAME DISPUTE RESOLUTION POLICY, binds this contract to it and express terms and conditions related to a dispute between the Holder of a domain name and other parties (not Palimpalem) about the registry and use of a domain name registered in Internet by the Client and/or the Holder.
8.2 For those territorial domain names under .es, the Holder obliges himself to follow under mandatory circumstances, to the procedure of resolution of disputes of such domain names, established by the RED.ES, a public business entity. Those procedures are available at www.nic.es/recupere/index.html
8.3 For those domain names .eu, the Holder of it agrees to accept any possible arbitration requirement caused by the domain name registered and comply with the Dispute Resolution Regulations of .eu domains, which are available at www.adreu.eurid.eu, as well as the ICANN website.
The alternative procedure to solve disputes about registered domain names could be started if following the criteria of a speculative or outrageous registry basis, or if considered that a procedure done by the registry organization infringes the official regulation about .eu domain registry.
On those cases in which an alternative procedure to solve disputes about registered domain names is started, and if finding enough criteria for a speculative or outrageous registry basis, established in Chapter 21 of the Policy's regulations of general interest, and if the demand is successful, the domain name could be transfer to the plaintiff, always when occur the registry criteria.
8.4 An any case, Palimpalem will be responsible for the damages occur in any of the disputes mentioned above, neither because of technical basis nor by administration basis.
8.5 Palimpalem will not take part in any Conciliation and/or Arbitration Dispute Solution between the plaintiff the Holder of the domain name and/or third parties.
9. TERMINATION OF CONTRACT
9.1 This contract will finish when, above all legal causes related in this contract, happens any of the following:
9.2 In case of termination of contract, for the previous reasons above mentioned or any other legal resolutions, the Client and/or the Holder must comply his obligations previously assumed to the termination of this contract relating to Palimpalem and/or to other third parties.
10. PERSONAL DATA PROTECTION POLICY
10.1 Palimpalem adopts technical and organizable measures needed to guarantee the security, integrity and confidentiality of the personal data given by its clients under the regulations of the Spanish Organic Law 15/99 about Personal Protection Data (LOPD). The personal data that is given to Palimpalem are subject of automatic treatment and kept in a corresponding file, name as 'CLIENTS', properly registered at the Spanish Agency of Data Protection.
10.2 Palimpalem, following the corresponding regulation in this matter, informs that all personal data given in the service contract forms are included in automatic files only managed by Palimpalem for the procedures to fulfill the services offered, and for the compliance of information means, business and other activities of the company.
10.3 Palimpalem informs that the data given for the registry of a domain name, change of Holder or any other changes related to personal data, and complying with Art. 11.2 of the referred LOPD law, has to be provided to the competent authority in charge of the registry of a domain name (these are different companies each with a particular data protection policy) with the only aim of registration of domain name requested with this contract.
10.4 THE CLIENT MUST OBTAIN A LEGAL AUTHORITATION FROM THE HOLDER OF THE DOMAIN NAME FOR THE PUBLISHING AND TRANSMISION OF THE PERSONAL DATA, ONLY WHEN CLIENT AND HOLDER ARE NOT THE SAME PERSON OR ENTITY. It will be the Client's only responsibility any legal claims could occur when not obtaining the requested authorizations.
The Client express here to hold a legal authorization from the Holder of the domain name registrant for
a) Personal data of domain Holder, by technical or operation means, could be transferred, published, processed and registered by the competent organizations.
b) THE PUBLISHING OF HOLDER'S PERSONAL DATA OF A DOMAIN NAME REGISTRY AND THOS OF THE ADMINISTRATIVE CONTACT, TECHNICAL CONTACT, AND PAYMENT, MUST BE ACCESIBLE FROM THE WHOIS DATA BASE OF THE COMPETENT REGISTRARS.
10.5 In those cases in which Palimpalem appears as in charge of the treatment of such information, will follow the obligations of the LOPD and will only treat that personal data under the instructions of the person in charge of that data treatment, not using them for other purposes different to the ones established in this contract.
10.6 The Client and/or the Holder could, at any moment, exercise the correspondent rights to access, opposition, rectification and/or cancellation established by the LOPD, form the AC or in any other way legal regulated by this normative.
10.7 Palimpalem cannot assume any responsibility for the infringement from the Client and/or the Holder of any regulation of the LOPD in what is related to their activity and/or anything which is related to the execution of this contract.
10.8 The Client and/or the Holder declare that all given data is truth and correct, and compromise to maintaining this data as certain, to update changes as soon as possible sending a message from the AC. The Client and/or the Holder will legally assume the veracity of the given data and will be the only responsible of any dispute or legal conflicts due to the false given data.
11. APPLICABLE LEGISLATION AND COMPETENT COURT
11.1 In what is not enunciated in this contract and for the interpretation and resolution of whatever disputes between the parties involving this contract it would be of application the Spanish Law, except for this affecting to registry and holding of a domain name in which case it would be of appication the regulation established by the ICANN and the one of the competent registrar.
11.2 In the incidental case of arising any conflict or difference between the parties bonded to this contract, in matters of its interpretation or execution, and these could not be solve by mutual or joint agreement, this contract will be terminated by the reques of any of the bonded parties (by communication via email) and with a resolution of an arbitration by the Cámara de Comercio e Industria de Madrid (Madrid's Chamber of Business and Industry). Such arbitration will occur in Madrid and will be conducted in accordance with the regulations of the Spanish law related to Arbitrations 60/2003 of 23rd December as well as the regulations of the Business and Industry Chamber.
In the case that the conflict is raised by an user, and following the Spanish Law 26/1984 of 19th of July, about defense of users and consumers, the arbitration will be done before the Arbitration Board of Consumers of the autonomous region of user's official residence.
Each party involved will assume their own costs in relation to this arbitration. Compensation and costs determined by the resolution will be assume after the arbitration resolution.
11.3 In the case that the arbitration occurs without mutual or joint agreement or would be declared void, any involved party they will be under jurisdiction of courts and tribunals of Madrid, with forfeiting any right to which they may be entitled on account of their present or future address or any other reason.
11.4 If it results reasonable to assume the following of this contract during any dispute and/or arbitration or court process, this will happen.
the registration, you as user, agree with these terms.
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Palimpalem fue creado por Martin Schenk
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