Hosting Services Contract

The purpose of this document is to define the Specific Contracting Conditions for the provision of the shared hosting services specified below, and they are considered as a complement to the General Contracting Conditions published and in force at all times on the website www.dondominio.com. Both these Particular Conditions and the General Contracting Conditions shall be understood to be expressly and jointly accepted when contracting the services offered on www.dondominio.com. In the event of any discrepancy between these conditions and the general conditions, the specific conditions shall take precedence.

The General and Particular Conditions, together with the additional information on the technical and/or economic characteristics of the product or service contracted by the Customer and the Personal Data Protection Policy that is published on the website of DonDominio/MrDomain, constitute a unitary whole that binds the parties.

1 Identification of the parties to this agreement.

On the one hand, the entity SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter identified by the brand name DonDominio/MrDomain), owner of C.I.F. nº B57333601 with registered address in Manacor (Balearic Islands), at C/ Menestrals, 14, Manacor-07500, Illes Balears, Spain. A Limited Responsibility company constituted in Palma de Mallorca before the Notary Mr. Victor Alonso-Cuevillas Sayrol, inscribed in the Mercantile Registry of Baleares, tome 2120, folio 0, book 173, page PM-50105.

On the other hand, the contracting party (hereinafter called the CUSTOMER), physical person or legal entity completing the contract form and who, having familiarised him or herself with the service and how it functions, declares knowledge and free acceptance of the present contract.

Both parties mutually recognise their full capacity to enter into and formalise the present SERVICE CONTRACT. The referred to contract will be governed by the following CLAUSES.

2 Definitions

• Customer*: any natural or legal person completing the application form for registration and / or transfer of a domain name. This person does not have to coincide with the holder of the domain name in question. In which case, being an intermediary between the registrar and the domain name holder must inform the latter at least the obligations it assumed in obtaining that title with respect to the relevant Registrar.
• Contract*: all the clauses contained in this document, together with the contract form and any additional information about the particular service contract chosen by the customer, collect updated so expressly in the URL www.dondominio.com, forming a unit that requires the parties. Commercial content, information resources, applications, features and prices Hosting Plans manifested in www.dondominio.com supersede that contained in this contract, for respect of all matters not mentioned above (commercial content) shall prevail in this contract.
• Domain Name*: set of characters that identifies a through DNS (IP) address on the Internet. A given server can have more than one Domain Name but a given Domain Name is attributed only to a server.
• IP (Internet Protocol)*: set of rules governing the transmission of data through the network.
• Hosting Services*: space on servers owned by DonDominio/MrDomain, where is located the domain name of the Customer, by giving resources and applications unique offering DonDominio/MrDomain plans and set out on a date on the website www.dondominio.com. Hosting Plans subject to the conditions of this contract offer shared hosting servers DonDominio/MrDomain, ie several different Customers websites are hosted.
• Servers*: equipment owned or leased by DonDominio/MrDomain where you store or host data and information the customer enters Hosting Plans offered.
• Customer Area*: tool developed by DonDominio/MrDomain that is allocated to each customer and allows, among other things, hire and manage their products, check the invoices, update your billing information, access the control panel and make authenticated requests, so that each order cause technical and administrative actions necessary for the development of the required action.
• Login and password*: authentication systems that allow customer to access the web control panel and the Customer Area, as well as grant applications and information on the plan contract, that is, it is a system that guarantees access to contract plans, data and information is secure, reliable, truthful and always come from customers or authorized users for this. DonDominio/MrDomain uses these systems to identify, authenticate and verify the person of the Customer.

3 Object

The purpose of this document is to define the Particular Conditions of Contract for the provision, access and use by the Customer of the shared hosting services (Plans) that will be specified below, as well as the conditions and form of remuneration of the Customer to DonDominio/MrDomain for the service provided.

4 Hosting plans regulated by this contract

4.1. The conditions stipulated within this contract are applicable to the following Plans:

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

Also, this contract shall apply to any Hosting Plan DonDominio/MrDomain created and developed by bringing together the features of shared hosting servers owned or leased by DonDominio/MrDomain that even without being reflected in the above list will attach this contract.

4.2. The information relating to the technical characteristics of each Plan is available on the DonDominio/MrDomain website (https://www.dondominio.com/products/). This information is also detailed in Appendix I attached to this contract. In any case the resources and applications available to each Hosting Plan shall at all times which are published on the website, www.dondominio.com

4.3. DonDominio/MrDomain reserves the right to modify the characteristics and conditions of the Hosting Plans regulated in these Conditions, in accordance with the provisions of the General Contracting Conditions. In any case, any change that affects the Hosting Plans or that affects the provisions of these Conditions shall be deemed to have been notified with the publication of said changes on the DonDominio/MrDomain web site.

4.4. The Customer may at any time contract any other Hosting Plan superior to the one previously contracted from their [customer area], paying the proportional part of the new Plan that remains to be consumed. The extension to a new Hosting Plan does not entail any change in the expiry date of the previously contracted Hosting Plan. It will not be possible to change to a Hosting Plan with lower resources and prices if it is not at the time of renewing the previously contracted service.

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

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

4.7. All Hosting Plans marketed by DonDominio/MrDomain and mentioned on its web site or in this contract are offered under the LINUX operating system. The Customer can manage and administer the resources and applications of the contracted Hosting Plan through the tool ‘Control Panel’.

4.8. In those Hosting Plans that have applications selected by DonDominio/MrDomain, such as WebFTP, WebMail, or for the creation of websites, the Customer accepts and respects what is established in the licences of each of the applications. The applications are delivered as they are, and no claims will be accepted with respect to them. DonDominio/MrDomain will not provide functional or technical support for these applications, beyond the support already offered for the contracted Hosting Plan.

DonDominio/MrDomain shall not be responsible for the correct functioning, security and/or compatibility of the applications offered, as they may interfere with other programs that the Customer may already have installed in his Hosting Plan.

DonDominio/MrDomain reserves the right to offer the version of the applications that it considers most appropriate, as well as to modify, at any time, the applications available for each Hosting Plan according to the new versions or vulnerabilities detected, without the need to notify the Customer of such changes.

4.9. Limitations due to excess transfer: In order to guarantee the maximum quality of service, DonDominio/MrDomain limits the monthly transfer volume of the Hosting Plans to the capacities contracted by the Customer. The Customer may consult in his Customer Area the transfer volume consumed by means of a tool provided for this purpose. Likewise, the Customer may control the volume transferred through the statistics that can be accessed from the control panel.

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

4.11. Whenever technically possible, DonDominio/MrDomain will try to warn the Customer of possible traffic excesses by means of notifications in the Customer Area or by means of the e-mail address provided by the Customer for billing purposes, although this alert system in no case replaces the Customer's responsibility to adequately manage its service quota, given that due to the platform's own technical specifications, its operation in real time is not guaranteed and the warnings sent to the Customer may arrive after the excess transfer has been detected.

5 Fair Use Policy

5.1. The Customer acknowledges and agrees that the use of the Web Hosting Service provided by DonDominio/MrDomain is subject to this Reasonable Use Policy (hereinafter ‘the Policy’). The purpose of this Policy is to ensure the integrity, security and operation of the Web Hosting Service, as well as to protect system resources and ensure a fair and equitable user experience for all customers.

5.2. Although DonDominio/MrDomain may market some Web Hosting plans with the most features, functionality or capabilities available at any given time, the Customer understands that the service is subject to certain reasonable limits to ensure proper operation and a fair distribution of resources among all customers. These limits are established according to the reasonable and typical use of a web hosting service.

5.3. DonDominio/MrDomain reserves the right to monitor and limit the use of system resources, including but not limited to bandwidth, disk space, memory and processor capacity, to ensure compliance with this Policy. If DonDominio/MrDomain determines, in its sole discretion, that Customer is using the Web Hosting Service in a manner that violates this Policy, DonDominio/MrDomain may take corrective action, including, without limitation, limiting, suspending or terminating access to the Web Hosting Service, and requesting Customer to reduce its use of the Service.

5.4. Likewise, in order to guarantee the maximum quality of service, DonDominio/MrDomain, limits the monthly transfer volume of the Hosting Plans to the capacities contracted by the Customer. The Customer may consult the transfer volume consumed in his Customer Area by means of a tool provided for this purpose. Likewise, the Customer may control the volume transferred through the statistics that can be accessed from the control panel.

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

5.6. The Customer undertakes not to use the Web Hosting Service to: 5.6.1. Generate data traffic or system resource consumption that, in the opinion of DonDominio/MrDomain, is excessive or that negatively affects other customers, DonDominio/MrDomain's network or the quality of the Web Hosting Service. 5.6.2. Engage in activities that violate any applicable law or regulation, including, but not limited to, copyright, intellectual property, data protection and privacy laws. 5.6.3. Engage in activities that involve the sending of spam, spam, phishing, brute force attacks, DDoS attacks, malware, viruses or other malicious software. 5.6.4. Use the Hosting Service to store, distribute or transmit unlawful, defamatory, obscene, offensive, discriminatory, threatening or hateful material. 5.6.5. Use the Web Hosting Service for activities that may damage the reputation of DonDominio/MrDomain, its employees, directors, partners or suppliers.

5.7. Due to the fact that the Hosting Plans are sharing equipment, DonDominio/MrDomain shall have certain technical standards that must be respected by the CUSTOMER when developing and/or administering his Hosting Plan. Failure to comply with this obligation may entitle DonDominio/MrDomain to suspend or terminate at any time and without prior notice, the provision of services to the Customer if it considers that he/she is carrying out activities that may affect the rest of the Customers and/or endanger -directly or indirectly- the integrity of the infrastructure and/or services of DonDominio/MrDomain.

5.8. DonDominio/MrDomain reserves the right to modify this Policy at any time and without prior notice. The Customer is responsible for periodically reviewing this Policy for any changes. Customer's continued use of the Web Hosting Service following the implementation of any modification to this Policy shall constitute Customer's acceptance of such modification.

6 Prices and payment methods

6.1. The prices of the Shared Hosting Plans included in these Particular Conditions shall be those reflected at all times on the website of DonDominio/MrDomain https://www.dondominio.com/products/ and shall be those applicable at the time of contracting.

6.2. The payment of the services object of this contract is in advance and DonDominio/MrDomain will accept the following payment methods

• Credit/debit card
• PayPal
• Bank transfer

6.3. The period for the provision of the service is annual, therefore the Hosting Plan will be charged on an annual basis and the provision of the service by DonDominio/MrDomain will only begin once payment has been received.

6.4. All the prices that appear on the web site of DonDominio/MrDomain, mentioned in the different sections of this contract, are subject to the corresponding taxes. DonDominio/MrDomain will issue the corresponding invoice detailing all the concepts that make up such invoice.

6.5. In the event of the return of any invoice submitted for collection, DonDominio/MrDomain shall charge the Customer an additional cost of 3 euros for each return attributable to the Customer. In the event of persistent problems with the collection of the service, DonDominio/MrDomain, without prior notice, reserves the right to suspend the provision of the service until the resolution of such problems. If after the prior notice and the suspension of the provision of the hosting service, the Customer does not make the outstanding payment, he/she will be definitively cancelled from the service, with the consequent deletion of data and without the right to claim, due to breach of contract on his/her part. This will prevent the Customer from contracting new services with DonDominio/MrDomain, the cancellation of his Customer account and all contracted services.

6.6. In the event that, in accordance with the provisions of these Conditions, there is an excess of the monthly volume of data transfer initially contracted by the Customer, the Customer may opt for the suspension of the service during the month in which said excess has occurred or for the payment of the amount resulting from the excess calculated at the base price of 0.50 euros for each additional GB section. DonDominio/MrDomain has established an alert system that automatically notifies the CUSTOMER of the traffic excesses that occur in its hosting plan. In any case, the web will be operative at the beginning of the new month.

6.7. At the end of the current month, an invoice for the excess monthly transfer volume will be generated and must be paid by the Customer within ten (10) calendar days of the invoice date. If the Customer fails to make such payment within the aforementioned period, the provision of the service will be suspended, with prior notice, until such invoice is paid.

6.8. If the Customer requests a refund of their ‘Balance on Account’, a bank transfer will be made, unless it can be refunded by the same payment method used for the insertion, to the account number indicated by the Customer themselves, deducting 3 Euros as a handling fee for the refund operation. If the ‘Balance in Account’ has been used up and a refund is requested, this will be made after 60 days from the last date of insertion of the Balance.

7 Entry into force, duration and extension.

These Conditions shall enter into force on the day DonDominio/MrDomain activates the contracted service once the Customer has requested it through the contracting form and has paid the price of the service in question.

7.1. These Conditions shall have an annual duration, starting from the formalisation of the contract. The Customer will be notified of the need to renew the service when the expiry date approaches. Once the invoice for the renewal has been paid, the service will be extended for a further year.

7.2. If the CUSTOMER does not renew the service, the services will be kept for thirty (30) days, with the exception of services linked to a .es domain or third level domain under .es, which will be kept for ten (10) days. Once the indicated days have elapsed, all the data corresponding to the contracted Hosting Plan will be deleted.

7.3. During the course of each renewal, no copy of these Conditions will be sent, being always understood to be in force those published at that time on the website of DonDominio/MrDomain, which will be the one that collects the most current version of the same.

7.4. The voluntary cancellation of a service, produced before the expiration of the period of service provision already paid by the Customer, does not imply the return of the proportional part not consumed.

7.5. The Hosting Plans are linked to a domain name whose Registrar Agent is SCIP (DonDominio/MrDomain). Any decision or action on the part of the Customer that in practice implies that SCIP (DonDominio/MrDomain) ceases to be considered the Registrar Agent of the domain in question will imply the cancellation of the Hosting Plan, this cancellation being understood as a voluntary cancellation by the Customer of the service and therefore without the right to a refund of the proportional part not consumed.

7.6. The services complementary to the contracted Hosting Plan may be activated or deactivated at any time while the Hosting Plan is active and up to date with payment; however, if a resource or application has an additional monthly cost, the fact of deactivating it before the expiry of the month paid in advance does not imply the refund of the proportional part not consumed.

8 Guarantees and right of withdrawal.

8.1. In relation to the provisions of Spanish legislation for the defence of consumers and users and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, on consumer rights, the Customer is informed and expressly accepts that, given the characteristics of the services contracted and the automated procedures used, there is a simultaneity between the request for the service and the start of the fulfilment of the contract, as well as a personalisation of the same (choice of domain name). In this sense, once DonDominio/MrDomain has initiated the performance of the service in question, the Customer may not choose to withdraw from the contract.

8.2. Without prejudice to the provisions of the previous paragraph, if the Customer is not satisfied with the contracted services, he/she shall have a period of thirty (30) calendar days from the date of initial registration of the Hosting Plan to terminate this contract without incurring any penalty or expense. If the Customer decides to terminate the contract within this period, DonDominio/MrDomain will refund to the Customer the amount paid for the provision of the Hosting Plan.

8.3. This period shall not apply to contract renewals. If the Customer decides to terminate the contract outside the period referred to in this section, he/she will lose the right to any refund for the voluntary and early termination of the contracted Accommodation Plan.

9 DonDominio/MrDomain's obligations and responsibilities.

9.1. DonDominio/MrDomain cannot undertake to guarantee that the availability of its servers will be continuous and uninterrupted during the period of validity of the service, due to improvements in the services themselves, problems in the Internet network, breakdowns, technical repairs or maintenance work on the server equipment, power cuts or outages in the data lines and other possible contingencies of a similar and unforeseeable nature. Therefore, the Customer agrees to bear within reasonable limits the risks and imperfections or unavailability of the servers and expressly waives any liability, contractual or extra-contractual, damages to DonDominio/MrDomain for possible failures, slowness or errors in the access and use of the contracted Hosting Plan originating from the aforementioned causes.

9.2. DonDominio/MrDomain is not responsible for that which is exclusively attributable to the Customer. The access and use of the Hosting Plans is the exclusive responsibility of the Customer, so that shall not be liable in any way (neither directly nor subsidiarily) for any direct or indirect damage that the Customer may cause to third parties.

9.3. MrDomain shall not assume any responsibility for the actions that users created and authorised by the Customer may carry out. Likewise, MrDomainDomain shall not be responsible for the orders that may have been executed in response to the requests that such users may make through the Customer Area.

9.4. DonDominio/MrDomain shall make backup copies of the data on the servers. However, in the event of accidental deletion of data, it will not guarantee its total replacement, because in the time elapsed between the last copy and the deletion, the data may have changed. The Customer undertakes to keep a backup copy of the domain files at his own expense in order to replace them if necessary, and he alone shall be responsible for making the backup copy.

The contracted Hosting Plan does not include in the price the replacement of the contents saved through the backup copies made by DonDominio/MrDomain when this loss is caused by a cause attributable to the Customer; the replacement is only included in the price of the Plan when the loss of the contents is due to causes attributable to DonDominio/MrDomain.

9.5. The Hosting Plans are sharing equipment with other services of the same nature. For this reason, DonDominio/MrDomain reserves the right to suspend, totally or partially, the provision of the service in question in the event that it notices, detects and/or verifies in its maintenance work an excessive consumption of memory, CPU or any other alteration that slows down the server on which it is located, in such a way that it damages or entails an impairment in the provision of the service or the rights of the Customers or third parties that share the server with it.

9.6. DonDominio/MrDomain is exonerated from all responsibility for the consequences that the lack of operability of the Customer's e-mail address or failure to communicate the change of address may produce, as well as for the disinformation that the Customer may allege due to his own negligence in keeping this information active.

9.7. In addition to the circumstances set out in the General Terms and Conditions, DonDominio/MrDomain shall not be liable, in particular for:

• Of the content hosted in the space allocated to the Customer by the Hosting Plan.
• Errors produced by the access providers.
• Virus contamination of their equipment, the protection of which is the responsibility of the Customer.
• Intrusions by third parties into the Customer's Plan, even if reasonable protection measures have been put in place.
• Defective configuration by the Customer.
• Damage to the equipment (Customer's terminals) or misuse (Customer's responsibility).
• Failure on the part of the Customer to comply with personal data protection regulations in relation to the
• Customer's activity and related to the provision of the service in question.

9.8. DonDominio/MrDomain shall not be responsible, nor accept any claim from the Customer or third parties, for the rejection of any legitimate e-mail message, as a result of the nature of the anti-spam systems, due, among other reasons, to the possible concurrence with external technical means available to the Customer.

10 Obligations and responsibilities of the Customer.

10.1. The CUSTOMER must pay the remuneration detailed in clause 5 of these Conditions within the period indicated, otherwise, DonDominio/MrDomain shall not be held responsible for the suspension or definitive cancellation of the services affected or for any loss or damage that this may cause to the Customer.

10.2. The Customer expressly consents to the sending of invoices relating to the contracted service through telematic means, as indicated in the current regulations in this area.

10.3. The CUSTOMER shall not use the contracted Plan in a manner contrary to good faith, public order, current legislation and these Conditions.

10.4. To make and keep a backup copy of the Hosting Plan files at its own expense in order to replace them if necessary.

10.5. Monitor the size of the contracted transfer quota in order to prevent the contracted service from suffering consequences. In cases where the Customer exceeds the size or capacity of the contracted service, the Customer will be notified of the need to take appropriate measures to correct the situation. If the Customer does not comply with this notice or does not adopt such measures within the indicated period, DonDominio/MrDomain may unilaterally terminate the contract and deactivate the affected service, completely eliminating the hosted content. The adoption of these measures shall not give rise in any case to a possible claim by the Customer, since the Customer is aware of the capabilities of the service or specific plan contracted.

10.6. Likewise, DonDominio/MrDomain may suspend or terminate the provision of services to the Customer at any time and without prior notice if it considers that the Customer is carrying out activities that may affect the rest of the Customers and/or that directly or indirectly endanger the integrity of the infrastructure and/or services of DonDominio/MrDomain.

10.7. To keep the e-mail address provided in the contracting form for communications with DonDominio/MrDomain operative, active and updated, as it is the preferred means of communication for the agile and fluid management of the Plan requested. If the CUSTOMER wants to change the e-mail address provided in the contracting form as contact address, he/she must do so through the CUSTOMER area, with the measures for authentication of such request, so that communication between both parties is not interrupted at any time.

10.8.The responsibility for the use and conservation of the login and password of the CUSTOMER area lies solely with the CUSTOMER. The use of these identifiers and communication, including to third parties, is the sole responsibility of the CUSTOMER.

10.9. It is expressly forbidden for the CUSTOMER to resell the contracted Services or in any way authorise third parties to use them, in whole or in part, or to use them, introduce them or incorporate them into the scope of a business or professional activity other than his own, unless expressly agreed with DonDominio/MrDomain.

10.10. Due to the fact that the Hosting Plans are sharing equipment, DonDominio/MrDomain shall have certain technical standards that must be respected by the CUSTOMER when developing and/or administering his Hosting Plan. Failure to comply with this obligation may entitle DonDominio/MrDomain to suspend or terminate at any time and without prior notice, the provision of services to the Customer if it considers that he/she is carrying out activities that may affect the rest of the Customers and/or endanger -directly or indirectly- the integrity of the infrastructure and/or services of DonDominio/MrDomain.

11 Responsibility for the Content hosted.

11.1. The CUSTOMER is fully responsible for the content and information transmitted and stored, their use, hypertext links, third party claims and legal actions that may be triggered. In short, the CUSTOMER is responsible for the laws and regulations in force and the rules relating to the operation of the Hosting Plan, e-commerce, copyright, maintenance of public order, as well as universal principles of internet use.

11.2. Consequently, the Customer undertakes not to host or transmit through the Services contents that violate the principles established in article 8 of the Law on Information Society Services and Electronic Commerce (LSSICE); mainly, those that violate the dignity of persons and/or are discriminatory for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.

11.3. In the event that DonDominio/MrDomain, by itself or at the request of a third party entitled to do so, has effective knowledge that the contents hosted by the CUSTOMER infringe the aforementioned personality, intellectual and industrial property rights or any other rights established by law, DonDominio/MrDomain, by means of a communication to the e-mail address provided by the CUSTOMER for invoicing purposes, shall notify the CUSTOMER of said circumstance or requirement and, in turn, may request the CUSTOMER, via the e-mail address provided by the CUSTOMER, to voluntarily remove said contents within a maximum period of 24 hours.

11.4. In such a case, and once this period has elapsed without the requirement having been complied with, DonDominio/MrDomain shall immediately suspend the necessary service or services, which shall not be resumed until the requirement has been complied with in the terms that may be necessary in each case, and the Customer may not claim for this reason the refund of any amount previously paid as payment for the service, nor claim any liability from DonDominio/MrDomain for the suspension and, if applicable, definitive cancellation of the service.

11.5. It is forbidden to use the Hosting Plans in a manner contrary to good faith and, in particular, but not limited to: the publication or transmission of any content that, in the opinion of DonDominio/MrDomain, is violent, obscene, abusive, illegal, xenophobic or defamatory. Cracks, program serial numbers or any other content that infringes the intellectual property rights of third parties. The collection and/or use of personal data of other users without their express consent or in contravention of the provisions of the Organic Law on the Protection of Personal Data. The use of the mail server and/or its e-mail addresses for the purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming, dissemination of viruses (Trojans, worms, etc.), or any other type of activity carried out for sabotage, fraudulent or criminal purposes.

11.6. Pursuant to the provisions of Law 34/2002 on Information Society Services and Electronic Commerce regarding the duty to collaborate with the competent bodies, DonDominio/MrDomain will suspend the contracted service when requested to do so by the judicial or administrative body that formally requests it. Likewise, if DonDomainio becomes aware that actions that are clearly illicit or that infringe the rights of third parties are being committed, it shall have the power to interrupt the service, and shall inform the competent authorities.

11.7. If DonDominio/MrDomain, by its own means or at the request of a third party, detects any use of the hosting service that could compromise the security, stability or normal operation of the service, it shall have the right to interrupt the service contracted by the Customer. In these cases, and provided that technical or security reasons allow it, DonDominio/MrDomain will warn the Customer of these circumstances sufficiently in advance by means of a notification sent to the e-mail address provided by the Customer at the time of contracting the service, so that he/she may take the appropriate measures to avoid loss of information. The suspensions of the service arising from these circumstances, as well as the consequences of any kind arising therefrom, will not generate in favour of the Customer any compensation, compensation or reduction in the price of the service.

11.8. If DonDominio/MrDomain is accused of any cause for which responsibility is attributable to the CUSTOMER, the latter shall indemnify DonDominio/MrDomain for the expenses incurred as a result of such cause, including fees and expenses of DonDominio/MrDomain's lawyers, even in the event of a non-final judicial decision.

12 Termination.

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

a) By the end of the term of the contract or any of its extensions;

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

c) By the early termination of the Contractual Conditions in accordance with the following terms: (i) Delay in the payment of the contracted services for a period of more than two months, or the repetition, on two occasions, of the temporary suspension of the services due to default in the payment of the contracted services; (ii) For failure by the Customer to heed DonDominio/MrDomain's warnings in relation to the maintenance, size and other characteristics of the contracted services.

12.2. In any case, the termination and resolution of the contract shall entail the complete elimination or deletion of the contents hosted on the servers of DonDominio/MrDomain.

12.3. Without prejudice to the right to terminate the contractual relationship established, DonDominio/MrDomain may withdraw or suspend at any time and without prior notice the provision of the Services to the CUSTOMER in the event that it considers that any of the obligations assumed by the latter under this contract are breached, in particular, and may request payment of the damages that may be incurred as a result of such breach.

12.4. In the event of termination of the contract for the aforementioned reasons or any other reasons accepted by law, the CUSTOMER and/or holder shall comply with the obligations assumed prior to the termination of the contract with respect to DonDominio/MrDomain and third parties.

13 Confidentiality.

13.1. Any information or documentation that either party provides to the other in the development and execution of this contract shall be considered confidential and exclusive to the party providing it and may not be communicated to third parties without its consent.

13.2. The parties agree to treat this contract as confidential and undertake not to disclose to third parties any of its contents without the express consent of the parties.

13.3. The parties exclude from the category of confidential information all information that is disclosed by the party possessing it, information that becomes public, information that must be disclosed in accordance with the law or a court order or an imperative act of a competent authority and information that is obtained by a third party who is not under any obligation of confidentiality.

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

13.5. Neither party shall acquire any rights to any confidential information or other proprietary rights of the other party as a result of this agreement.

14 Intellectual and Industrial Property

14.1. By virtue of these Conditions, the CUSTOMER does not acquire any right or licence in relation to the Hosting Plan, the computer programs necessary for the provision of the service, or the technical information for monitoring the service, with the exception of the rights and licences necessary for the fulfilment of these Conditions and only for the duration or validity of the same. For any action that exceeds the fulfilment of these Conditions, the CUSTOMER shall require written authorisation from DonDominio/MrDomain.

15 Personal Data Protection Policy.

15.1. With regard to the personal data that the Customer provides to DonDominio/MrDomain for the contracting of the Services and consultations or communications of any kind related to the management of the same, the Personal Data Protection Policy published in the following link will be applicable: Privacy Policy.

15.2. In addition to the above, in those cases in which, as a necessary consequence of the provision of the Services, DonDominio/MrDomain is considered a ‘data processor’ and the Customer is considered a ‘data controller’ in accordance with the regulations in force on the matter, these Particular Conditions, in the form of ANNEX I, include the corresponding Data Processor Agreement provided for in the regulations, in accordance with the provisions of article 28 of EU Regulation 2016/679, delimiting the obligations of the Data Controller and the Data Processor.

16 Express acceptance of these Conditions.

16.1. These Particular Conditions, the General Contracting Conditions, the technical information of the services and the Personal Data Protection Policy are included in the procedure for contracting the services of DonDominio/MrDomain selected by the Customer, whereby the Customer expressly accepts all of their content when subscribing to the services.

16.2. The activation of the button to send the contracting request through the web page of DonDominio/MrDomain, confers the condition of ‘Customer’ and expresses the full and unreserved acceptance of the Contracting Conditions of the Services requested in the version that DonDominio/MrDomain makes available electronically prior to the activation of the CONTRACTING button.

16.3. The latest version of the Contracting Conditions of each service can be found at the e-mail address https://www.dondominio.com/legal/. Before contracting any of the Services offered, please carefully read the Contract Conditions that regulate the provision of the Service you wish, including the technical, operational and functional characteristics of the Service, as well as the fees to be paid.

16.4. This Agreement has been drafted in an English and a Spanish version. In case of discrepancies, the Spanish language version shall prevail.

ANNEX 1: DATA PROCESSOR AGREEMENT FOR THE SHARED HOSTING SERVICE.

1. DATA PROCESSOR AGREEMENT FOR THE SHARED HOSTING SERVICE.

These clauses establish the conditions that enable SOLUCIONES CORPORATIVAS IP., (hereinafter, ‘DonDominio/MrDomain, “Data Controller” or “Data Processor”) for the processing of personal data arising from the execution of the contract or the provision of the shared hosting service contracted by the CUSTOMER, (hereinafter, ‘the Controller’ or “Controller”) in accordance with the provisions of Regulation (EU) 2016/679 (hereinafter RGPD) and Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights (hereinafter LOPDGDD), delimiting the obligations of the Controller and the Processor.

For the purposes of this Agreement, DonDominio/MrDomain DECLARES that its servers, systems, facilities, etc., are located within the European Union (DPC in the Balearic Islands) and carries out all data processing in accordance with the General Data Protection Regulation, offering sufficient guarantees to apply the appropriate technical and organisational measures.

Similarly, in compliance with the duty of information to the Responsible, DonDominio/MrDomain reports that its Data Protection Officer (DPD) is: Iurismática Abogados, S.L.P. To contact the Data Protection Delegate of DonDominio/MrDomain, you may contact the following address: dpo@scip.es.

2. Purpose of the processing assignment

By means of the present clauses, the Controller authorises the Data Processor to process on its own behalf the personal data that the latter incorporates into the resources assigned by the Data Processor by virtue of the provision, management and maintenance of shared hosting services.

The authorised processing operations shall be those strictly necessary to achieve the purpose of the contracted service provision, in all cases involving the processing of hosting and transmission on a data telecommunications network, and no other processing, such as the collection, structuring, dissemination, etc., of the personal data of the Controller shall be carried out.

3. Identification of the information concerned.

The Controller stores in the resources assigned by the Processor for the provision of the service, the information, data and categories of personal data that it considers necessary according to the service it has contracted and always according to its own instructions, being solely responsible for determining the types of data or information stored, the purposes, objectives and means of the processing carried out.

4. Duration.

The duration of this processing order shall be the same as that of the contract for the provision of hosting services of which this order is an inseparable part, so that once the former has ended, the latter shall also be considered to have ended.

Upon termination of this order, the Data Processor must return the personal data to the Controller or transfer them to another processor designated by the Controller, and delete any copies in its possession. It may, however, keep the data blocked in order to deal with possible administrative or jurisdictional liabilities.

5. Obligations of the Controller (the Customer).

In addition to those established in general terms in the data protection regulations, the following obligations correspond to the Controller in relation to this processing order:

To verify that the technical and security conditions of the hosting service described by the Controller in this Annex are appropriate to the nature, context, scope and/or purposes of the data or processing for which it is the Controller, in accordance with its own data protection impact assessments and/or risk analyses carried out. Provide the Processor with access to the data to be processed or deliver them to him/her in the manner that is appropriate for the correct provision of the service. Inform, in accordance with data protection regulations, the data subjects whose data are processed and have lawfully obtained their express consent or have legitimate and accreditable reasons for the same. Have simple mechanisms for data subjects to exercise their rights in accordance with data protection regulations. Have risk assessments, a register of processing operations and impact assessments if necessary due to the nature of the data processed. Carry out the appropriate prior consultations. Appoint a data protection officer in those cases where this is mandatory and communicate his or her identity to the Data Controller. Communicate data security breaches to the Data Protection Authority and/or data subjects, where appropriate.

6. Obligations of the Data Processor (DonDominio/MrDomain).

With regard to the instructions for the use and communication of the data, the Data Processor undertakes to:

Use the personal data subject to processing, or those collected for inclusion, only for the purpose of this order. Under no circumstances may it use the data for its own purposes. To process the data in accordance with the instructions of the Controller, derived from the hosting services contract. If the Data Processor considers that any of the instructions infringes the GDPR or any other data protection provisions of the Union or the Member States, the Data Processor shall immediately inform the Data Controller. Not to communicate the data to third parties, except with the express authorisation of the Data Controller, in the legally admissible cases. The Processor may communicate the data to other processors of the same Controller in accordance with their instructions. In this case, the Controller shall identify, in advance and in writing, the entity to which the data are to be disclosed, the data to be disclosed and the security measures to be applied in order to proceed with the disclosure. If the Processor must transfer personal data to a third country or to an international organisation, pursuant to applicable Union or Member State law, it shall inform the Controller of that legal requirement in advance, unless such law prohibits it for important reasons of public interest. With regard to the security measures applicable to the processing, the Controller has adopted appropriate security measures to ensure the confidentiality, integrity, availability and permanent resilience of the processing systems associated with the service in the event of a physical or technical incident, in accordance with its own data protection impact assessment.

DonDominio/MrDomain only provides the technical infrastructure, and in those cases in which the service includes the administration thereof, the security measures provided by DonDominio/MrDomain are limited to these functions, excluding other aspects outside the environment and the service provided by DonDominio/MrDomain, which the Customer is obliged to comply with.

Specifically, DonDominio/MrDomain, regardless of the obligations attributed to the Customer by virtue of the regulations, undertakes to adopt the BASIC security measures indicated in articles 89 to 94, both inclusive, of Royal Decree 1720/2007, of 21 December, which approves the Regulations for the development of Organic Law 15/1999, of 13 December, on the protection of personal data.

By contracting the shared hosting service, the Customer acknowledges having verified that these measures are in accordance with the level of security applicable to the type of information that is processed as a result of the service provided by DonDominio/MrDomain on behalf of the Customer.

In addition to the above, the Controller has implemented the following measures:

Regular verification, evaluation and assessment of the effectiveness of the technical and organisational measures to guarantee the security of the processing. Ensuring that any person acting under its responsibility who has access to personal data may only process such data on the instructions of the Controller. Staff under the responsibility of the Controller receive regular training in confidentiality and data protection, are aware of their obligations in this area and of the consequences of non-compliance with the law. To maintain professional secrecy with respect to the personal data whose access is regulated by these clauses, undertaking not to communicate them, not even for their conservation, to other persons, an obligation that will subsist even after the termination of their relations with the Controller. To keep, in writing, a record of all categories of processing activities carried out on behalf of the Controller (where applicable), containing: The name and contact details of the processor and of each controller on whose behalf the processor is acting and, where applicable, of the representative of the controller or processor and of the data protection officer. The categories of processing operations carried out on behalf of each controller. Where applicable, transfers of personal data to a third country or international organisation, including the identification of such third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, documentation of appropriate safeguards. In any case, it shall be understood that the Controller, prior to the formalisation of this processing order, has assessed and accepted as compliant with the purposes and means of the processing, the level of security measures implemented by the Processor in its organisation and facilities.

7. Notification of data security breaches.

Pursuant to Articles 33 and 34 of Regulation (EU) 2016/679, it is the responsibility of the Controller to communicate data security breaches to the Data Protection Authority and/or data subjects.

The Processor shall notify the Controller, without undue delay, and, via the contact email, of any personal data security breaches of which it becomes aware that occur in the facilities, means and technical resources assigned to the management and maintenance of the shared hosting service (Hosting), together with all relevant information for the documentation and communication of the incident by the Controller to the competent supervisory authority (Spanish Data Protection Agency, www.aepd.es) and/or the data subjects.

This notification by the Controller shall not be necessary when the breach of security is unlikely to constitute a risk to the rights and freedoms of natural persons.

Where such notification is required, the following information, if available, shall be provided: A description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected. The name and contact details of the data protection officer or other point of contact where further information can be obtained. Description of the possible consequences of the personal data breach. A description of the measures taken or proposed to be taken to remedy the personal data breach, including, where appropriate, measures taken to mitigate the possible negative effects. If and to the extent that it is not possible to provide the information simultaneously, the information shall be provided in a phased manner without undue delay.

8. Cooperation with the Controller.

The Processor shall cooperate in good faith with the Controller by: - Supporting the Data Controller in carrying out data protection impact assessments, where appropriate. - Supporting the Controller in carrying out prior consultations with the supervisory authority, where appropriate. - Make available to the Controller all the information necessary to demonstrate compliance with its obligations, as well as for the performance of audits or inspections carried out by the Controller or another auditor authorised by the Controller. - Communicate the identity and contact details of the Data Protection Officer to the Controller. - Assist the Data Controller in responding to the exercise of the data subject's rights: access, rectification, erasure, objection, restriction of processing, data portability and the right not to be subject to automated individualised decisions (including profiling). When the data subjects exercise these rights before the Data Controller, the latter must communicate this by e-mail to the address of the Data Controller. The communication must be made immediately and in no case later than the working day following receipt of the request, together, where appropriate, with other information that may be relevant for resolving the request.

9. Subcontracting.

The Data Processor does not subcontract any of the services that form part of the object of this contract and that involve the processing of personal data, except for the auxiliary services necessary for the normal operation of the services and technical equipment of the Data Processor.

Should it be necessary to subcontract any processing, the Controller must be given prior written notice of this fact, one month in advance, indicating the processing to be subcontracted and clearly and unequivocally identifying the subcontracting company and its contact details. The subcontracting may be carried out if the data controller does not express his or her opposition within the established period.

In such cases, the subcontractor or sub-processor, who shall also have the status of Processor, is also obliged to comply with the obligations established in this document for the Processor and the instructions issued by the Controller. The processor shall be responsible for requiring the sub-processor to comply with these obligations.