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General Terms and Conditions for Domain Name Registration

These are the general terms and conditions which rule domain name registration, renewal and/or domain name transfer in Internet through the www.cdmon.com website, owned by 10DECENHISPAHARD, S.L., society of Spanish nationality, with headquarters located at Malgrat de Mar (Barcelona-08380), C/ Girona 81-83 Local 6, and C.I.F. nº B-62844725 registered at the Mercantile de Barcelona registry, vol. 34.568, page 251.048 and sheet 11. For now on, CDmon.

Acceptance of this contract implies that both contracting parties have the juridical capacity to oblige each other contractually.

Domain names contract service starts its execution within the withdrawal period (14 days) and executes immediately, reason why, the Client, when clicking on the “contract now” button is expressly authorizing that the service executes by the following provisions and thus, acknowledges the loss of right to withdrawal of this service.

The present general conditions contract is ruled by the following provisions:

PROVISIONS

1. FIRST.- ONLINE CONTRACTING PROCESS

The online contracting process takes 5 steps:

  • Choosing services to contract at www.cdmon.com
  • Completion of the form for account opening or accessing Client account and "Legal Notice and Data Privacy Policy" and "Terms and Conditions of Contract"
  • Payment of the contracted services fees.
  • CDmon’s confirmation that it has received contract acceptance from the client in a hasty manner and in a period not superior to 24 hours.
  • Once the service contract is in execution, CDmon will archive a copy of the electronic document. The electronic document that contains the contract will be accessible to the client through the www.cdmon.com website, at the section "Contracts and Legal Notices".

2. SECOND.- DEFINITIONS

  • CDmon: company duly registered, whose main social object consist in the provision of telematic services, web hosting and domain name registration.
  • Client: any legal or juridical person capable of contracting and being bound to the terms and conditions that completes the contract form for services offered by CDmon at the url www.cdmon.com, accepts and subscribes to the provisions of this contract and to the Legal Notices and pays bills issued by CDmon.
  • The Client shall have all rights over CDmon control panels management and other services for which the use thereof being a Client is a requirement, except for those services related to domain names that can be used directly by their owners independent of whether who has made the payment is the same person or not.
  • Client does not necessarily need to be the owner of the registered domain name, being possible for the client to be an intermediary between the domain owner and the registrar. In such a case, the Client should bring to notice of the owner his/her obligations with the registrar acquired by the mere fact of being the owner of a domain name.
  • Owner and/or registrant: legal or juridical person with enough juridical capacity of contracting and being bound by the terms and conditions, owner of a domain name and of the rights to use it, to the effects of redirection within the Internet domain names system within the period established by the competent registrar. ICANN gathers in updated fashion rights and responsibilities of Registrants under the 2013 Registrar Accreditation Agreement which you can find at the following URLs:
    http://www.icann.org/en/resources/registrars/registrant-rights/educational
    http://www.icann.org/en/resources/registrars/registrant-rights/benefits
  • Non-profit international corporation responsible for Internet Protocol (IP) numeric address allocation, protocol identificators and management and/or administration of the generic top-level domain names system (gTLD), country code top-level domain (ccTLD) and root servers system administration.(http://www.icann.org/tr/spanish.html
  • Registrar: national or international, public or private authority or registering entity, authorized by ICANN to manage domain names and for publishing, by means of Whois or other public registry of the owners details, contacts and DNS of which they administer. Generic domain registrars information: http://www.icann.org/en/registrars/accredited-list.html. Information about territorial domain registrars: http://www.iana.org/cctld/cctld-whois.htm
  • Openprovider, Hexonet: ICANN (Internet Corporation for Assigned Names and Numbers) accredited registrars.
  • ES-NIC: Competent authority of the Red.es department for Internet domain name registry management under the country code ".es”, through accredited registrars.
  • Reseller: Natural or juridical person that subcontracts CDmon services, not for his/her own benefit but to offer them to a third party. Any person or entity contracting a domain in the name of a third party, has the obligation of letting the domain owner know what are his/her rights and obligations which derive from being owner of a domain name. Likewise, resellers are bound to comply to each legal obligation that pertains them, especially those relative to Law 34/2002 of Services of the Information Society and Electronic Commerce, being CDmon exonerated from any responsibility derived from the commercial relation between reseller and his/her client.
  • Domain name: group of characters that identify a location in the Internet network with an IP address. A server can have more than one domain name, however a domain can only be assigned to one server.
  • IP (Internet Protocol): set of rules that govern data transfer through the network.
  • DNS (Domain Name System/Server): computer system that is in charge of resolving Internet electronic addresses to their corresponding IP address and viceversa.
  • DNS change: any technical DNS transfer of a domain name.
  • Billing contact: natural or juridical person liable to pay for the domain to the corresponding registrar.
  • Administrative contact: natural or juridical person in charge of the management and administration of a domain.
  • Technical contact: contact person for technical consultations and technical data confirmations, such as DNS and IP addresses.
  • UDRP: Uniform Domain Name Dispute Resolution Policy promoted by ICANN: http://www.icann.org/dndr/udrp/policy.htm
    http://www.icann.org/es/help/dndr/udrp/policy
  • IDN (Internationalized Domain Names): with multilingual characters belonging to any language that enable using more characters in domain names than the usual in the English alphabet.
  • IDN .es: domain names with the country code corresponding to Spain (.es) of second and third level with multilingual characters, understanding as such those that belong to hispanic languages different from those included in the English alphabet, such as: á, à, é, è, í, ï, ó, ò, ú, ü, ñ, ç, l•l.
  • Whois: public Internet registry that offers information about the ownership, contact details and availability of domain name or an IP address.
  • Sunrise Period and Land Period: These are the different time periods for pre-registry, determined by the competent Registry, specific to each domain. These are previous to the final launch of the domain name registration process, during which a definite set of rules are set by the Registry, and which must be abode by the domain name owner.
  • Login and password: information security systems that allow identification, authentication and verification of the Client to access contracted services securely.
  • Control Panel: tool developed by CDmon that is given to each Client for the management of resources and applications of the contracted services. Access to the control panel will be made through the URL www.cdmon.com, by introducing login and password. This control panel allows the management of the contracted services as well as other additional services, client and billing details consultation, and the such. Each action made by the client through the control panel will generate the corresponding technical and administrative actions needed to carry out the intended actions. These requests will reflect in CDmon’s internal management system.

3. THIRD.- OBJECT

The object of this Contract is the delivery of the following services by CDmon, which can be contracted either in their totality, singly or many at a time:

Domain name registration, renewal, transfer and maintenance service during the term of this contract.

CDmon’s commitment through 6.1.7. When a domain doesn’t have automatic renewal activated, CDmon is committed to send expiration notifications to the user, as explained in our FAQ section, points 1 and 2, accessible at: https://support.cdmon.com/entries/24117436-FAQs-Dominios-caducados Likewise, to the execution of this contract, by carrying out the necessary administrative tasks to register, renew or transfer the requested domain name in behalf of the Client, and to maintain it during its duration according to the foregoing terms.

Thus, the Owner indicated by the Client will be the domain name owner of the registered domain and CDmon will only function as an intermediary in name of the Client. Client expressly consents that CDmon communicates Client and/or Owner details relative to their registration (client’s name, zip code, email address, fax, telephone number, technical contact and administrative contact) to the competent bodies for their processing and publishing in Whois and any other world wide domain registries.

  • Domain name activation, renewal and transfer

    Client shall request registration, renewal or transfer of any domain name of their choosing to CDmon, who will act as an intermediary with ICANN authorized registrars or as a Reseller of authorized registrars Openprovider, HEXONET, always abiding by the prevailing law and the conditions imposed by the Internet domain name regulating bodies.

    In no case shall CDmon appear as one of the registered domain contacts, with the purpose of making the requested domain name management easier.

    Granting of registration, renewal or transfer of the domain name chosen by the Client will be subject to its availability as well as the Client’s abiding by the rules and requirements established by ICANN and other authorized organizations depending on the type of domain. These may be consulted at their respective websites, some of the most common including but not limited to:

    DOMAINREQUIREMENTS
    .com, .net, .tv, .cc, .name http://www.verisign-grs.com
    .org http://www.pir.org
    .es, .com.es, org.es, nom.es http://www.nic.es
    .eu http://www.eurid.eu
    .info http://afilias.info/es/node/2936
    .mobi http://afilias.info/es/node/2936
    .tel http://www.telnic.org
    .cat http://www.domini.cat/normativa/index.html
    .biz http://www.neustar.biz
    .me http://www.domain.me
    .pro http://afilias.info/es/node/2936
    .ws http://website.ws
    .asia http://www.dot.asia
    .xxx http://www.icmregistry.com
    .it https://www.nic.it/documents/regulations-and-guidelines
    .reise http://www.donuts.domains/
    .organic http://get.organic/registration_policy

     

  • Domain name registration, renewal or transfer service will be active as soon as possible depending on the deadlines given by the different registry organisms for each type of domain except for insurmountable problems in the Internet network or server breakdown or other possible problems not directly attributable to CDmon but to third parties. Full payment of domain registration, renewal or transfer for the contracted term must be made in full and be acknowledged by CDmon. CDmon will not start the process until it has acknowledged payment.

    Once CDmon has proof of payment, CDmon will send a confirmation email with the registration, transfer or renewal, domain name to process, period for which it is being registered, renewed or transferred. Until the Client receives this confirmation email, he/she won’t be able to consider the domain name his/her property. Client must wait for CDmon’s confirmation before using the solicited domain for any kind of actions, commercial or otherwise, where its property is inferred.

  • Domain transfer to CDmon, changes and/or DNS transfers to CDmon

    CDmon offers the Client a domain transfer service from other providers towards CDmon. Domain name transfer procedures and other expenses derived will run on the Client’s behalf and responsibility. Once processed the domain transfer request from another provider, and whenever no impediment exists (see clause 3.3 of the present conditions) and CDmon has received payment of the aforementioned, we shall proceed with the registrar change and the domain will be transferred once the previous registrar-provider accepts the request and the Client, using the email provided as the domain’s administrative contact, has confirmed to this registrar his/her will of transferring to CDmon. Once obtained the requested change, CDmon will communicate via email the effective transfer, the transferred domain and the period for which it will remain registered. Once the domain has been transferred, its renewals and everything related to it will be ruled by the provisions of this contract.

    Domain name transfer entails obligation of renewal of the transferred domain for the minimum required period.

    Domain transfer to CDmon does not entail a change of DNS, reason why the domain’s DNS changes are the Client’s responsibility.

    If the Client changes DNS, DNS servers updating could take several hours, and until this process finishes, it will not be possible to access the hosting service. CDmon is not responsible for damages and losses the Client or/and Owner could suffer if their files are not visible in Internet and if the Client has not configured DNS correctly in the space that CDmon has assigned for this purpose.

    CDmon is not responsible for the transfer outcome as it’s impossible to control it given the high number of registrars and intermediary companies that intervene in the process. Notwithstanding, CDmon, within its capabilities, will maintain the Client informed at all times about the state of the domain transfers. If the previous registrar cancels the requested renewals before ending the process of transferring the domain to CDmon, the responsibility derived from the damages and losses caused by these actions will fall exclusively upon the previous registrar, being CDmon exonerated from any responsibility.

    File transfer from the other provider to CDmon is of the Client’s sole responsibility.

    It is important to note that the domain title holder is its legitimate owner, as well as of its associated DNS. Therefore, if the registered owner and the client are not the same person and they make different petitions relative to or affecting ownership of the domain, or even if the petition is being made only by the Client, those made by the owner who appears as such in the Whois database or any other public registry shall always prevail. Notwithstanding, in relation to the rest of the services that do not correspond or affect ownership of the domain, such as control panel management, passwords and such, the client’s petitions shall prevail, CDmon being exonerated from any responsibility or claims incurred between Client and domain Owner.

    If a hosting is associated to a certain domain, and the domain title holder asks for its dissociation, CDmon will ask from its hosting client to rename the domain or replace it. If this is not carried out over the specified period, CDmon will do so on its own accord and on the Client’s behalf.

  • Unable to register, transfer and renew a domain

    CDmon may not carry out a given registration, renewal or transfer request of the domain name when the domain is not available – cases when it has been previously registered-, or when the domain is about to expire, or has already expired or finds itself in any of these states:

    • 1. Registrar lock: state in which the domain is locked by the registrar and it can’t be transferred
    • 2. Registrar hold: state of the domain after its expiration
    • 3. Redemption period: state of the expired domain for a period superior to the allowed, during which official bodies apply a penalty fee if the owner wishes renewal.
    • 4. Pending delete: period after expiration when the domain is waiting to be freed.

    In territorial domain cases, CDmon is subject to the procedures established by each country, and therefore it may become impossible to carry out a request if the client does not meet the requirements that the official entity of each country demands to proceed with the registration.

    CDmon can also refuse to register those domain extensions not offered by CDmon, as for any reasons derived by worldwide domain registration authorities. CDmon will inform the client by email or by any other means expressly agreed upon, of the reasons why his/her request is not being accepted. CDmon reserves all rights for not carrying through certain requests. In all cases where payment had been made, CDmon will reimburse the paid amount.

     

  • Technical support

    CDmon will provide its free technical support during the term of the contract. This support will not be provided for anything else not related to domain registration, unless there are other services contracted that require it. Technical support refers to domain ownership changes, administrative contact, technical, billing, and DNS changes.

  • Services included for free

    Client will dispose of free services with domain name registration specified at http://www.cdmon.com for each of the domain types.

  • Private Whois

    CDmon offers the Client private Whois service for those extensions where the option is available, with the exclusive purpose to deal with spam and notifications, third party details that may appear publicly in the whois contacts public database -where domain owners appear- of all contracted domains. Private Whois service activation in the domain manager in no case implies a change or release of the contracted domain ownership, the client and/or title holder is the sole owner of the domain and consequently in no event shall this service be used in bad faith or to attempt to cover up any sort of illegal act, ceding representation to CDmon for notification purposes. The client of this service is therefore subject to responsibilities and obligations contained in the present provisions. Emails directed to domains that have the private Whois option activated received at the email account This email address is being protected from spambots. You need JavaScript enabled to view it. will not be forwarded to the Client and/or Owner. The contact with Client and/or Owner of the domain you will need to access the URL http://whoiscontactsprotection.com/, indicate domain name and fill out the contact form. In the case that CDmon receives an ordinary email addressed to a Client and/or Owner that has private Whois option active, CDmon will make everything possible to forward him/her that email as soon as possible, but CDmon is not responsible if all required maximum periods for responses have been exceeded.

    CDmon reserves the right to disable Private Whois service and allow publishing and/or facilitate Whois data to external information requests that are not considered spam, or in any other circumstance that could cause confusion of the owner with CDmon or that could cause any harm to CDmon.

4. FOURTH. - PRICE, PAYMENT METHOD AND NON-PAYMENT.

  • Price

    Client agrees to the payment of the fees published at the URL www.cdmon.com that are in force during the time of contract or renewal of the selected service.

    Payments are due annually, unless any of the services have a different duration, in which case you will be previously informed through the www.cdmon.com website.

    Prices indicated at the URL www.cdmon.com do not include VAT, amount that CDmon will add to the corresponding invoice.

    Prices indicated at the website might be changed unilaterally by CDmon according to market needs, the client being notified about this change with at least 30 days prior to the service renewal and having the Client the possibility to resolve the contract unilaterally not renewing the service or disabling the automatic renewal of the domains before their expiration date, so that CDmon does not renew the service and apply the new fees.

  • Payment method

    Client must pay for the full amount corresponding to the contracted service using the payment methods that made available at www.cdmon.com.

    CDmon offers their Clients the following payment methods:

    • 1. Credit purchase through the Control Panel.
    • 2. Bank transfer to the account number indicated by CDmon in the specific order form, indicating reference of the contracted service (CMD). The originator of the transfer will assume the total of the expenses generated.
    • 3. Paypal, with a surcharge of 1.8% of the total amount plus 0.35 Euros.
    • 4. Credit card payment.
    • 5. Payment using the saved card located at the Control Panel will have a 0,15 € surcharge fee for the transaction.

    CDmon will confirm electronically and/or telematically the reception of the Client’s payment. Both parties expressly accept that the invoices will be expedited electronically and received by the client through email. The Client will have a copy of the invoice available in his/her control panel as well, accessible at any time. We will send the client a paper copy if requested.

    In return for the intermediary services received for domain name registration, client expressly accepts to pay CDmon before a registration, renewal or transfer of the requested domain becomes effective. CDmon will not start any procedures before this payment has been duly accredited. In the case of bank transfers, client will need to send proof of payment to the fax 9727614977 or email This email address is being protected from spambots. You need JavaScript enabled to view it. describing the concept of the payment.

    Clients with a given non-payment history at CDmon, non-payment being considered as any bounced payment, or being suspect of any conduct that could be deemed illicit, will only have certain payment methods available either for new orders or service renewals.

     

  • Automatic renewal payments

    For those domains the Client has selected automatic renewal at his/her Control Panel, during the 14 days prior their expiration and if the payment details are correct and the Client has enough balance in the preferred payment method account, CDmon shall proceed to their renewal. Client will be able to disable automatic renewal through his/her Control panel 15 days prior the domain’s expiration date. 14 days prior to expiration date CDmon will proceed to the domain’s renewal. CDmon will always notify and inform the client with enough time (before the expiration of the domain’s term) informing about the renewal of the service before its expiration, with the client being able to request its cancellation and this way ending the contract. Once renewal of the service has been made and if the client hasn’t shown any objection, no refund will be made.

    If a client has not yet activated domain auto-renewal, he/she must assume that service renewal needs to be made before domain expiration date to avoid last minute incidents and unsuspected outcomes. Client assumes all responsibility for loss or incidents resulting from exceeding the deadline, being CDmon’s responsibility limited if deemed necessary, to refunding the amount paid by the Client for a renewal that hasn’t been made. Under no circumstance shall CDmon return payment for successful renewals.

  • Lack of total or partial payment of the fee

    Services will not start until payment has been made in its totality, being CDmon exonerated from any responsibility derived from not processing domain registration, transfer and/or renewal due to Client’s non-payment, or for a payment made outside the deadlines set by CDmon, the charge being bounced from the bank institution, Paypal or payment gateway, as for any other cause not attributable to CDmon.

    Particularly when payment is made by credit card without physical presentation or electronic identification, once a domain name is registered, renewed or transferred, if the Client proceeds to cancel payment fraudulently, CDmon will have a right to claim payment for the services to the Client, as well as charges and interests caused by the payment's cancellation, reserving the right to claim compensation for damages and losses.

    If CDmon receives two different petitions from different Clients for the registration of the same domain name, CDmon will process first the request that pays first, disregarding the service request date.

    Lastly, domain name registrations, renewals or transfers that are not paid before 30 days after their request will be canceled.

    All automatic renewals for any Client with a non-payment situation or history at CDmon will be canceled.

5.FIFTH. - DURATION, RENEWAL, EXTENT

  • Duration

    This contract of service will have the duration requested by the Client which depends on the service’s length as detailed at http://www.cdmon.com, for the chosen period and will always be visible at the client’s Control Panel.

    When the expiration date of the service has been reached and if the client has automatic renewal activated, the service will automatically be extended for the same period provided that there is no payment bounce or incident with the client’s payment.

    A client that does not have automatic renewal activated for the service will let it expire and unless CDmon receives the renewal order the contract will cease on the expiration date of the service.

  • Compulsory Permanence

    Purchase of any service object of this contract, either being initial registrations, renewals or transfers, entail an obligation of not changing provider for 60 days.

    The 60-day count starts:

    • 1. For domain transfers: on the effective date the provider changes.
    • 2. For renewals: on renewal date starting on the domain’s expiration date.
    • 3. For initial registrations: on the date the registration was made.

    Any transfer between CDmon Clients implies an obligation of not changing provider for a period of 30 days. The 30-day count starts on the date the user change is made.

6.SIXTH. - CDmon’s OBLIGATIONS AND RESPONSIBILITIES

  • CDmon Obligations

    CDmon assumes responsibility as intermediary to carry out - always considering that an effective concession can be refused - registration requests, transfer and renewals that Client makes, proceeding diligently with the request as defined by the General Conditions herein and according to the data specified by the Client in the request form. CDmon will hold the domain name during the domain registration period contracted and will make changes to domain details or contacts requested by the Client when correctly authenticated to do so. CDmon’s responsibility in the event of having delivered an inefficient service according to the terms contained in these General Terms and Conditions will be objective and limited to the refund of the amount paid by the Client for the requested service.

    CDmon is committed to the maintenance of facilities and equipment necessary for the proper functioning of its systems and providing the best service possible to the Client.

    CDmon undertakes to give the Client all information and technical documentation and instructions necessary relative to the contracted service.

    CDmon undertakes to obey all legal obligations established by Law 34/2002 July 11th, of information society and electronic commerce services, as well as any other applicable legal provisions or regulations.

    As established by Law 34/2002, CDmon shall retain for a period of 12 months all data necessary to detect the origin of hosted data as well as the moment when the services started being delivered, as hosting provider with data residing in our servers, as well as any data necessary to help find the terminal used by the user to transmit the information. All data will be saved for its use in any criminal investigation for national or public security reasons and whenever requested by a Judge or Jury.

    CDmon and the corresponding Registry reserve the right to block, refuse, cancel and/or transfer any domain name when necessary:

    • a. To abide by the applicable law, especially in relation to domain name dispute resolution.
    • b. If there is an infringement of the provisions in this contract.
    • c. To avoid civil and/or criminal responsibility by CDmon, of the Registry and respective managers, officials, employees, agents, affiliates and shareholders.
    • d. For correcting errors caused by CDmon and/or the Registry relative to the domain name.
    • e. To protect CDmon’s and the Registry’s integrity and stability.

    When a domain doesn’t have automatic renewal enabled, CDmon sends expiration alerts to the user, as established in our “Frequently Asked Questions”, items 1 and 2, which you can find at: https://support.cdmon.com/entries/24117436-FAQs-Dominios-caducados?set_locale=2

     

  • Limitation of liability of CDmon

    CDmon does not guarantee the availability or approval by the corresponding registry for the registration, transfer and/or renewal of the domain name requested by the Client, either for technical reasons (internet or servers breakdown or downtime, among others), or for reasons attributable to the Client, to the Registry or entities or institutions intervening in the registration process, and/or due to force majeure, nor from unforeseen events and therefore outside of the good faith of the company.

    CDmon makes available to Clients a search engine connected to public registries of domain names to search for their availability. Notwithstanding, the result is merely informative and not binding for CDmon who will not answer to errors and/or inaccuracies that it could contain, being electronically generated and from many different sources.

    If there is indication of a domain name being available, the Client should interpret this non-exhaustively, since the domain name could be registered by a third in the time between the Client’s domain name registration request and the confirmation.

    CDmon does not guarantee that the choice of extension for a domain name made by the Client is the most adequate one for the Client’s area of business.

    CDmon will not guarantee continuous and uninterrupted availability of the service object of this contract, or be liable of any loss of data hosted in its servers, business activity interruption or of any harm derived from running the services, or any created expectations to the Client derived from:

    • a. Causes outside CDmon sphere of control and unforeseen events due to force majeure.
    • b. Breakdown caused by the incorrect use by the Client, especially derived from the purchase of a service not adequate for the type of activity and use made by the Client and/or third parties through their website.
    • c. Scheduled downtime or content alteration performed on mutual accord for maintenance or exceptional actions previously agreed upon.
    • d. Virus, hacking attempts and/or other third party actions that make impossible to give total or partial services.
    • e. Incorrect or inefficient Internet service.
    • f. Other unforeseeable circumstances.

    The Client thus accepts tolerating within reasonable limits these circumstances expressly renouncing claims against CDmon for any contractual or extracontractual damage caused by possible errors and the service under contract.

    Notwithstanding, if CDmon, under such circumstances, should fail to deliver on the commitments undertaken in the present contract for a period over 24 hours, the Client will have the right to request a refund of the amount paid for the period when the service was interrupted or did not function correctly.

    CDmon shall not be responsible of any issues related to the lawful ownership of a domain name which shall always fall on the Client and/or Owner that asserts having legitimate interest in the aforementioned registration and not harming any third party’s interests. CDmon will not be responsible for changes in ownership or of any data related to a domain registration resulting from a lack of diligence by the Client in the safekeeping of passwords used to access their private area in www.cdmon.com to perform these kind of changes.

    CDmon shall not be responsible for mistakes or damage caused by inefficient and bad faith usage of the service by the Client nor for major or minor consequences resulting from lack of communication between CDmon and the Client when caused by email failure or false data given by the Client when registering as a www.cdmon.com user.

    Domain name Registrar and corresponding Registry (VeriSign, Inc., Public Interest Registry, Afilias Limited, dotMobi [mTLD Mobile Top Level Domain, Ltd.], Telnic Limited, Neustar, Inc., RegistryPro, Global Domains International, Inc. and The DotAsia Organisation, Fundació puntCAT, ICM Registry, ICANN, Eurid y ES-NIC) including their staff, are exempted from any responsibility related to the registered domain name record. Therefore, the domain name owner, or in its subsidiary form, CDmon’s client is obliged to respond to the Registrar and Registry for the registered domain, for all claims, responsibilities, damage, indemnisations and expenses, including lawyer's fees derived.

    CDmon, at any rate, shall assume a maximum responsibility that shall not exceed the total of the amount paid in concept for the service object of this contract, except in cases where the Client has acted unlawfully in bad faith, in which case CDmon shall not compensate in any way.

    In no event shall CDmon be liable for the loss of data, whichever their origin, of the interruption of business activities or of any other damage derived by the functioning of services or created expectations to the Client, being exonerated from any responsibility.

    Client and/or Owner expressly exonerates CDmon from any responsibility regarding third parties as a result of a breach in this contract.

     

7.SEVENTH. - CLIENT’S OBLIGATIONS AND RESPONSIBILITIES

    • The Client undertakes to:

      The Client is aware that CDmon is limited to the procedures necessary for the domain registration, renewal or transfer in behalf of the Client without guaranteeing in any case that the entity to which all these are presented will accept them. In case of renewal and transfers, the domain cannot be in any of the states indicated in 3.3 clause of this Contract nor in any of the states that the domain extension agency or organization establishes as not available for transfer or renewal. Additionally, in the case of domain transfers, the Client’s active attitude is needed, as well as his/her previous provider confirmation, by means of the domain’s administrative contact email or by whichever means the managing agency determines. Additionally for transfers, Clients are required to have any necessary information for the domain, Authcode, keys or whatever is deemed. Also, active attitude in behalf of the Client is required in order to perform all renewals of the domain name -see 4.3 clause of these Conditions- CDmon will not be responsible for delays and the consequences of these delays when caused by the Client’s passive attitude or lack of diligence. Client’s lack of diligence is understood as when he/she doesn’t renew, and therefore, does not pay for the domain’s registration before the expiration date or when he/she does not confirm transfer procedures of a domain.

      Making use of CDmon services with diligence and according to good faith principles, agreeing not to act in any way that could be unlawful, specially through Internet, with any illicit purposes or breaching intellectual and industrial property legislation being third party’s or CDmon’s. The Client declares that wherever he/she is concerned, neither the domain name registration nor its direct or indirect use of it infringes any third parties’ legal rights. Client assumes complete responsibility and the full risk that his/her request has been made according to domain name policy, assuming all responsibility for the use of the domain as well. CDmon reserves the right by means of this contract, starting at the moment of becoming clearly aware of any illegal acts or use by the Client in general, to notify the competent authorities of such circumstances and immediately cancelling the service.

      The Client will be exclusively liable against any claim or legal action, juridical or extra-juridical taken by injured third parties before the ICANN or OMPI based upon the record, ownership and use on behalf of the Client of the requested domain, assuming all expenses, indemnization costs, that could fall upon CDmon. Especially, when a competent authority has a claim against the Client requesting the registered domain, the loss of the aforementioned will not suppose a refund of Client’s payment to CDmon, since it is the Client who assumes complete and exclusive responsibility for such claims. CDmon will be subject to the competent authority’s demands concerning this domain. Client accepts that the registration is subject to discontinuation, cancellation or transfer resulting from any specification or policy adopted by ICANN or from any registration procedure that is in conflict with any specification or policy adopted by ICANN to correct possible errors committed by the Registrant or Registrar.

      It is forbidden the use of domain names if not in good faith and abiding to rules of public policy, in particular in a non-exhaustive and non-limiting way to:

      • 1. Any use that goes against Spanish laws or that violate third parties’ rights.
      • 2. Publishing or transmission of any content that results violent, obscene, abusive, illegal, xenophobic or defamatory.
      • 3. Cracks, software serial numbers or any other content violating intellectual property rights of third parties.
      • 4. Scraping and/or using personal details from other users without their express consent or against the 15/1999 Organic Law, December 13th, Personal Data Protection.
      • 5. Using the domain name, your email server and/or your email addresses for spamming, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading virus (trojans, worms, etc) or any other type sabotage, fraudulent or unlawful activity.

      Assuming responsibility derived from any act that might infringe the law, specially about intellectual and industrial property, e-commerce and Internet use, as well as any of the clauses in this contract affecting CDmon and any third party that might be affected.

      When Client and owner of the domain name are not the same person, the Client must have consent of the domain owner for its registration, renewal, migration or any other act that could affect the domain name, making sure that the owner accepts the established conditions and obligations in this contract and of the possible responsibility that could be derived in case of infringement.

      The Client accepts responsibility in diligently taking action on all requests so that the service can be given correctly. Specially, Client must be diligent with respect to service renewal and where service renewal and domain transfer proceedings confirmations are concerned.

      Client and/or Owner of the registered domain name accepts the use copy, distribution, publishing, editing and other handling of the registered domain name owner’s personal data by CDmon, in order to comply with the requirements needed to register and maintain domain names according to their corresponding managing body. Likewise, the domain owner will be subject to the procedures of Uniform Domain Name Dispute Resolution Policy- “UDRP” in terms of domain names established by ICANN and the Sunrise Resolution Policy (“SDPRP”) as well as the rest of procedures and rules that figure at /">http://www.icann.org/en/policy/. The Client and/or owner cannot make CDmon responsible for losses or responsibilities resulting from procedures and processes related to the Sunrise Period or the Land Rush Period, or to any other special period that the managing bodies determine relative to the capacity or incapacity of a registrant to obtain a registered domain during these periods nor of the results of any conflict or claim about a registration during these periods.

      The Client as well as observing the Uniform Policy established by ICAAN, must follow the processes and rules required by each managing body (Registries).

      The Client declares knowing the contracted services characteristics and manifests that these are enough to meet his/her demands and/or that of his/her company, expressly exonerating CDmon of any responsibility that could be derived by a malfunction or faulty service resulting from purchasing characteristics that weren’t adequate for the type of activity and use made by the Client and/or third parties through their website.

      Using correctly connections, endeavoring to avoid any type of action that could harm systems, equipment and/or services directly or indirectly accessible by CDmon. The Client must use the contracted service in accordance to specifications and technical characteristics that limit the service.

      Properly using, keeping and protecting username and password used to access CDmon’s Control Panel, or to other areas that require access authorization through our website with the goal of not giving access to unauthorized third parties. To all legal effects, CDmon will attend any request made by the Client in relation to domains, provided that it doesn’t mean modifying ownership or contact. Any change in ownership of a domain name made through CDmon’s Control Panel will require being the owner of the domain, or wherever appropriate, having his/her authorization for its modification, transfer or any type of action that implies a change in ownership or contact. CDmon is exonerated from any responsibility derived from any of these actions.

      The Client and/or Owner explicitly acknowledges his/her responsibility regarding the choice of domain name, its maintenance, and the fact that the registration is made for legal purposes. CDmon does not guarantee the usefulness of the choice of domain name for any particular activity.

      The Client has the obligation to keep the website’s control panel data up to date, specially, the contact email.

      The Client is responsible for checking that the product’s characteristics match his/her needs, and acknowledges that he/she has been properly informed by CDmon.

      By accepting this contract the Client explicitly consents to be sent invoices relative to the service by telematic means.

      All the data needed to register a domain (relative to owner or registrar, administrative contact details, technical contact details, billing contact and data relative to DNS) are provided by the Client when he/she makes any domain request, thus being the only one responsible for their veracity and their updating. CDmon makes available the electronic means to change or update this data. By default, all domain registration requests are made using CDmon DNS unless the Client later on indicates otherwise. The Client manifests that when he/she doesn’t enter personal details, but those of a third party, he is authorized by him/her to do so. The Client compromises to provide CDmon with exact truthful contact details and that these will be updated or corrected any time it is needed. When the Client provides false or inexact information intentionally, or when he/she intentionally does not correct or update the provided information to CDmon, does not respond to CDmon’s inquiries concerning the veracity of the contact details associated to the registration in 15 calendar days, he/she shall incur in breach of contract justifying its termination and the cancellation of the domain registration by CDmon. The Client and/or Owner, authorizes CDmon to contact him/her every year in order to verify the veracity of the published data in Whois. The Client and/or Owner agrees to, in a period no longer than 15 calendar days, to the updating of the incorrect information, or otherwise CDmon can cancel or deactivate the domain name. If the Client and/or Owner should provide false or incorrect information, CDmon could resolve the contract for non-compliance.

      Client support telephone calls may be recorded for security reasons and to improve quality of CDmon’s services.

The procurement of a “.reise” domain implies the express acceptance of the conditions imposed by the domain provider, Donuts, outlined in Clause 3 of the present contract, for its procurement and use, with the Client being exclusively responsible for compliance with said conditions and exonerating CDmon from any consequences arising from them. In the event that CDmon verify that there is a breach of the conditions imposed by the provider Donuts, it reserves the right to block the domain and communicate said breach to the provider in order for Donuts to take any legal measures considered necessary.

8.EIGHTH. - CONTROL PANEL ADMINISTRATION, PASSWORDS, and INFORMATION REQUESTS

  • If the Client does not remember his/her username and/or password to access the Control Panel, he/she can request its recovery through the http://www.cdmon.com website. The password will be sent to the email contact that appears in the services contract form.

    When the client does not have access to the contact email address, he/she needs to give CDmon proofs of being the owner of the contracted services included in his/her Control Panel. To this effect, CDmon will send the Client a Legal Petitions form that the Client will need to fill out with the required information and documentation that identifies him/her as owner of the services.

    If there should be different owners of services in the same Control Panel (the domain owner as stated by Whois and/or the recipient of the latest legally compliant invoice), the client must provide a Legal Petitions form correctly filled out and the corresponding documentation for all and each of the different owners. Otherwise, the applicant will only be able to access and manage those servers of which he/she could have verified ownership. These services could then be transferred to another user, of new creation if needed, to whom he/she could have access to.

    The Client will have all rights over the management of the CDmon control panels as well as to services for which use the condition of being a Client is needed, with the exception of services attached to the domain names that can be used directly by their owner, whether who has paid for the bill is the same person or not. Likewise, only the owner, or the Client properly authorized by him/her and who provides proof of this to CDmon, will be able to create a hosting for the registered domain name and have control of the DNS.

9.NINTH. - RIGHT OF WITHDRAWAL

  • The Client has right to withdrawal from this contract within 14 calendar days with no need of justification.

    Withdrawal period expires after 14 calendar days from the signature of the contract.

    In order to exercise the right to withdraw, you will have to notify us at 10DENCEHISPAHARD, S.L. c/ Girona 81-83, Local 6 (08380) Malgrat de Mar (Barcelona), to the fax (+34) 93 761 49 77 or to the e-mail This email address is being protected from spambots. You need JavaScript enabled to view it., your decision to withdraw from the contract through a clear statement (for example, a letter sent through postal mail, fax or email). You can use the following sample form, although it’s use is not mandatory.

WITHDRAWAL FORM

To the attention of:

10DENCEHISPAHARD, S.L.

c/ Girona 81-83, Local 6

08380 Malgrat de Mar (Barcelona)

Fax: (+34) 93 761 49 77

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Hereby I confirm withdrawal from the contract for the following service SPECIFY

  • Ordered on DATE
  • Name: CLIENT
  • Address: CLIENT
  • Signature: CLIENT
  • Date

You have the same option of filling out and sending electronically the withdrawal sample form or whichever other clear statement through our website’s contact form. If you opt for this, we will send you notice of reception of such withdrawal without delay in a durable medium (by email).

In order to meet the withdrawal deadline, the only requirement is that you send the communication about your will to exercise this right before the corresponding deadline.

Right for withdrawal, following article 103.a of the 1/2007 law, will not be applicable to services, once the service has been completely executed, when the service has already begun, with previous express consent of the consumer and user and with his/her acknowledgement of being conscious that, once the contract has been completely executed by the company, he/she will have lost right to withdraw.

Consequences of the withdrawal:

In the event of a withdrawal by your behalf, we will return all your payments, without any unduly delay and taking no longer than 14 calendar days starting from the date you give us notice about your decision to withdraw from this contract.

We will proceed to the aforementioned reimbursement using the same payment method you used for your initial transaction, unless indicated otherwise, and whenever it doesn’t suppose additional expenses.

If the service of this contract started during the period for withdrawal, in accordance with the article 108.3 of law 1/2007, 10DENCEHISPAHARD, S.L. could retain a proportional part corresponding the the service provided and, in those cases where the service had been provided in its entirety, in accordance with the article 103.a of the aforementioned law, the right of withdrawal will not be applicable.

Without prejudice to the established by the previous paragraphs in this ninth provision, the Client will dispose of a period of five days since the date of the domain registration to send notice to CDmon through This email address is being protected from spambots. You need JavaScript enabled to view it. about errors in the registered domain name, and in such an event CDmon will provide you with a redeemable code at URL www.cdmon.com equivalent the amount payed for the registered domain so you can use it for registering a new domain name. In no case shall the amount paid for the domain be reimbursed.

10.TENTH.- COMMUNICATION

  • Communications between the parties will be made exclusively by email. Each party will have to be notified about any changes in personal details and/or the society, provided for the contract, in a period not superior to fifteen days since they were produced.

    Particularly, considering that the parties have agreed that email is the only and exclusive means of communication between them, the Client shall pay careful attention, diligence and good faith in notifying about a change of email address. Therefore, CDmon is exonerated of any consequences caused by the lack of access to or change of email address by the Client without previous notice.

    The Client authorizes CDmon to contact him/her annually in order to verify that the published data in Whois and/or in other public records are correct and truthful. In this sense, whenever they are found they are not correct or truthful, the Client agrees to provide CDmon with the correct information in less than 15 days.

    Abiding by the article 21 of the Law 34/2010 of Information Society Services and Electronic Commerce, which forbids sending commercial communications to the email address which hasn’t been previously expressly authorized by their recipients, we inform you that by the acceptance of these contract provisions, you expressly authorize us to send you our commercial mailings, advertising, informative or promotional by means of email to the email address you provide, with the possibility always of being revoked.

11.ELEVENTH.- INTELLECTUAL AND INDUSTRIAL PROPERTY

  • CDmon is the owner of all intellectual and industrial property rights of the products and services offered through the http://www.cdmon.com website.

    The contract for provision of services on behalf of the Client does not imply at any rate the transfer of rights, licences or any other use or enjoyment of these rights, except of those which are strictly necessary for the contract compliance and only during the duration thereof.

12.TWELFTH.- LANGUAGE OF THE CONTRACT

  • If there are different versions of this contract in different languages, in case of dispute, the Spanish version shall prevail over any translation.

13.THIRTEENTH.- CONFIDENTIALITY

1. Confidentiality:

  • CDmon undertakes to maintain the confidentiality of all the information provided by the client for the provision of the services contracted, except when the information provided, due to its characteristics, is public or not considered to be confidential, or it is required by duly authorised judicial and administrative bodies.
  • CDmon undertakes to safeguard the information provided by the client, adopting all the technical and organisational security measures necessary to guarantee its confidentiality. Furthermore, internally, only duly authorised persons will have access to this information to perform the activity contracted.

2. Processing of personal data:

  • Purpose: To manage and bill the services contracted, provide technical services (send technical information and voluntary surveys to improve the services), and inform you of the company's new commercial developments related with our services. Legal basis: Performance of the services contract and legitimate interest to serve clients by sending them commercial information. Assignment: Not anticipated, except when required to provide the service and when assignment is established by law. Storage: During the contractual relationship and, once this relationship has ended, for the periods required by law in order to meet any potential responsibilities. Request by client to cancel receipt of commercial information. Rights: You may ask us to discontinue sending you commercial information, and you may exercise your right of access, rectification, deletion, transfer, limitation and opposition by writing to This email address is being protected from spambots. You need JavaScript enabled to view it.. In the event of discrepancies, you may file a complaint with the Data Protection Authority (www.agpd.es).
  • Both parties absolve each other of any responsibility deriving from non-compliance by either of the parties with respect to the European regulations on personal data protection, in relation to the performance of this agreement.
  • In general, it is strictly forbidden to provide persons under the age of 14 with personal data without the consent of their parents or legal guardians.
  • All the personal data supplied, in addition to data deriving from the commercial relationship, is treated with absolute confidentiality, and it is only assigned in cases established by law, and as a result of a judicial or administrative resolution.
  • The Client and/or Owner expressly agrees to the communication of his/her personal data to the registration bodies, whose intervention is absolutely necessary for registration of the domain name requested of us (Openprovider, Hexonet, VeriSign Inc., Public Interest Registry, Afilias Limited, dotMobi [mTLD Mobile Top Level Domain, Ltd.], Telnic Limited, Neustar, Inc., RegistryPro, do MEn d.o.o., Global Domains International, Inc., The DotAsia Organisation, Fundació puntCAT, ICM Registry, ICANN, Eurid, Donuts and ES-NIC).
  • Furthermore, some domain registrars are located in countries that have not been classified as having an appropriate level of data protection, such as the USA (.org/.biz/.pro/.ws/.xxx), Montenegro (.me) and Hong Kong (.asia), and so the client and/or owner expressly authorises the international transfer of his/her data to these countries, as required for the performance of this agreement.
  • The Client and/or Owner accepts that his/her data will form part of the public database by the name of Whois, or where applicable, of the databases belonging to territorial domains, where the owners of all the registered domains appear, and which are subject to the regulations established to register a domain by the duly authorised international bodies.
  • In general, it is strictly forbidden to provide persons under the age of 14 with personal data without the consent of their parents or legal guardians.
  • All the personal data supplied, in addition to data deriving from the commercial relationship, is treated with absolute confidentiality, and it is only assigned in cases established by law, and as a result of a judicial or administrative resolution.

14. FOURTEENTH.- PERSONAL DATA PROTECTION

  • CDmon, as entity responsible for its files informs you that, according to the Organic Law 15/1999 regulator of the Protection of Personal Data (LOPD) and Royal Decree 1720/2007 for the development of the LOPD, it will treat all personal data that you give us with absolute confidentiality, and that it will be kept in a file named “clients” and “commercial” inscribed at the Data Protection Agency Registry, with the goal of providing you with the contracted services and their management, billing and notification by electronic means, the latest news about the company, sending you our newsletters, events, contests or whatever information we deem could be of your interest and related to our services. You have a right at any time to object against receiving any of our commercial or informative mailings, and to exercise you access rights, rectification, cancellation and opposition at the postal address indicated at provision 1 of this contract, to the attention of the person responsible of these files or through our customer service telephones indicated in our website.
  • Both parties exonerate each other of any responsibility derived from one of the parties not following Spanish regulations regarding personal data protection, related with the execution of this contract.
  • The Client and/or owner expressly consents to the communication of his/her personal data to the registrar bodies, whose intervention is absolutely necessary for domain name registration that you request (Openprovider, Hexonet, VeriSign Inc., Public Interest Registry, Afilias Limited, dotMobi [mTLD Mobile Top Level Domain, Ltd.], Telnic Limited, Neustar, Inc., RegistryPro, do MEn d.o.o., Global Domains International, Inc., The DotAsia Organisation, Fundació puntCAT, ICM Registry, ICANN, Eurid, Donuts and ES-NIC).
  • Likewise, some domain registrars are located in countries that have not been declared as countries with appropriate levels of data protection, such as United States (.org/.biz/.pro/.ws/.xxx), Montenegro (.me) and Hong Kong (.asia), reason for which the client and/or owner expressly authorizes the international transfer of his/her details to these countries, needed for the execution of this contract.
  • The Client and/or Owner accepts that his/her details will be part of the public database known as Whois, or as the case may be, to those belonging to territorial domains, where all owners of all registered domains are listed and which are part of the regulations imposed by authorized international bodies in order to register a domain.
  • In the cases where Client and/or Owner contract a service for hiding the domain registrant data, in order to comply with the domain regulation imposed by ICANN and in order not to go against the LOPD, he/she explicitly agrees to the communication of his/her data as the domain registrant contained in the Whois database, to any person addressing CDmon asking for such information.
  • By accepting the disposed in points 3,4 and 5 of this provision, you are considered informed about what is detailed in Article 27th of LOPD, concerning communication of the first data transmission.
  • As a general rule, it is absolutely forbidden to facilitate personal data to children under the age of 14 without the consent of parents or legal guardians.
  • All personal data provided as well as derived from the commercial relation are treated with absolute confidentiality, and only transferred in those cases expected by law, and by juridical or administrative request.
  • With the goal of safekeeping the security of your personal data, we inform you that CDmon has taken all the necessary technical and organizational measures to guarantee the protection of personal data provided from their alteration, loss and treatment or unauthorized access, as it is required by Royal Decree 1720/2007 that regulates the rules about security measures for the files that contain personal data.

15.FIFTEENTH.-ADVERTISING

According to what is established by the article 21 of the Law 34/2002, CDmon can send advertising communications and promotions by email or other electronic mean if expressly authorized by the Client.

That said, the Client can refuse the use of his/her personal data for promotional purposes by sending an email to the address that you will find in the promotional email or through the link provided in sent email.

16.SIXTEENTH.- APPLICABLE LAW AND DISPUTE RESOLUTION

  • This contract is of mercantile nature and will be ruled and interpreted according to Spanish laws and regarding the registration and ownership of domain names, rules from ICANN and competent registrar will also be applicable.
  • Should there be any type of disagreement or difference between the parties regarding the interpretation, content and execution of the Contract that couldn’t be resolved by mutual agreement, both parties will be subject to the competent courts and tribunals in each case, except if the Client is a juridical person. In which case they explicitly renounce to any other jurisdiction that may correspond to them, and are subject to the Courts and Tribunals of Barcelona.
  • The parties on mutual agreement may choose arbitration. In this case, they will subject themselves to the arbitration centre agreed upon by the parties, and will be bound from then on to follow the arbitration decision.
  • Relative to dispute resolution regarding domain names the Client agrees to attend and accept any arbitration requirement, related to the a domain name registration and subject himself/herself to all policy approved by ICANN regarding domain name dispute resolution, including that which may appear during transition periods after a domain name expiration, called Sunrise Period and Land Period, and called in these specific cases "Sunrise Dispute Resolution Policy".
  • Domain Name Dispute Resolution Policy exposes the terms and conditions for dispute resolution regarding domain names between the Client and third parties.
  • Domain Name Dispute Resolution Policy approved on August 26th, 1999 by ICANN is available http://www.icann.org/es/dndr/udrp/policy-es.htm, and the rules of the dispute resolution investigation service provider shall be the ones to follow if any action were deemed necessary.
  • For domain names .biz, as well as the aforementioned Policies, the following specific dispute resolution Policies are applicable: http://www.neustarregistry.biz/node/51.
  • For territorial domain names, besides the application of ICANN rules, you will need to observe the Registrar rules depending on the country.
  • CDmon, is not responsible for any possible damages that could derive from a domain name being immersed in a dispute resolution process, neither at the technical level as administrator, nor from its outcome.
  • CDmon will not act as arbitrator in dispute resolutions between the Client and third parties for the use of the domain name.

The Client accepts adhesion to this contract and declares that he has read and accepted the contents of all and each of its provisions and explicitly accepts the totality of the General Terms and Conditions of the Contract.





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