Agreement for domain registrations

IMPORTANT NOTICE: The translated versions of the contracts and legal policies are provided solely as a convenience to facilitate reading and understanding of the Spanish versions. The objective of providing translations of contracts and legal policies is not to create a legally binding contract, and not be a substitute for the legal validity of the Spanish versions. In the event of any dispute or conflict, the Spanish versions of the contracts and legal policies will under all circumstance govern our relationship and prevail over the terms in any other language.

The purpose of this document is to define the Conditions for the provision by INWX of the mediation services necessary to request, in the name of the Client or the person designated by the Client, the registration and/or transfer of a second level Domain Name corresponding to any of the extensions published at any time on the website https://www.inwx.es/es/offer/domainrobot, as well as the form of remuneration of the Client to INWX for the provided service.

To complete the registration process, you must read and agree to the terms and conditions of this Agreement, the dispute resolution policy and any rules or regulations that are or may be published by INWX.

INWX is a registrar accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) through an agreement between INWX and ICANN. You agree that INWX may modify these terms and conditions as necessary to comply with its agreement with ICANN.

Identification of the parties to this agreement:

On the one hand, the entity InterNetworX, SLU, NIF: ESB16663502, with registered office in Avd. Republica Argentina, 31, 07200 Felanitx, (Illes Balears) Spain. Registered in the Commercial Register of the Balearic Islands, Volume 2847, Book 0, Page 220, Section 8, Sheet PM-88434. (hereinafter, "INWX")

On the other hand, the contracting party (hereinafter, "Client or "you"), natural or legal person who completes the contract form provided for this purpose on the INWX.es website and who by doing so freely declares to know and accept, after having been informed of the technical and economic characteristics of the service, these Registration Conditions.

These applicable registration conditions are made available to the client, who must accept them, at: https://www.inwx.es/es/aboutus/termsdomains, before requesting the registration of a domain name.

Domain Name Dispute Resolution Policy:

By applying to register a domain name through INWX, you acknowledge that you are bound by the current ICANN Universal Domain Name Dispute Resolution Policy ("UDRP"), which can be found at https://www.wipo.int/amc/es/domains/gtld/udrp/. We will refer to this policy as the "Dispute Policy".

Any dispute over the right to use your domain name will be subject to the Dispute Policy. You agree to be bound by the Dispute Policy if your domain name is challenged by a third party. You also agree that, in the event that the dispute arises from a third party, you will indemnify and hold INWX harmless pursuant to the terms and conditions set forth in the Dispute Policy.

Conditions of Registration:

1. The client has the right to request unregistered domains in accordance with the terms of this contract and the conditions of the Registry https://www.inwx.es/es/offer/regpolicies, which in each case applies. The check of the initial availability of the domains depends exclusively on the client. INWX cannot guarantee that the domains, which were available at the time of the client's request, will still be available at the time of actual registration by INWX.

2. The domains are registered in the name of the client or of a third party that the client himself names (end user/client). As part of the registration process, you will be required to provide certain information and update it, in order to keep it updated, accurate and complete.

3. You agree that deliberately providing incorrect or false information will constitute a breach of this agreement and will be grounds for cancellation of your domain name. If you authorize a third party to use a domain name, you will nevertheless remain the owner of the domain name registration and remain responsible for providing your complete contact information, as well as accurate and up-to-date technical and administrative contact information.

4. You agree that INWX may make public some of the information provided by you during the registration process, if required by ICANN. You further agree that ICANN may impose rules, limits and/or requirements regarding the amount and type of information that INWX may or must make available to private entities or publish on its website.

5. The request for domain registration is made through a technical platform provided by INWX, which requires you to register on the platform by specifying a user name (login) and a password. You are solely responsible for adequately protecting this access data to our technical registration platform and information on the respective processing status of the domain registration.

6. Transfer requests outside of INWX will not be invoiced separately to the client as long as the client processes the outbound transfer requests himself via the INWX web interface.

7. The client expressly agrees to comply with the registration/transfer/renewal/cancellation or deletion conditions applicable by INWX and by each Registry, as well as, if applicable, to obtain the corresponding authorization from the holder of the domain on which any of these actions are to be carried out. INWX may ask the client to prove these circumstances.

8. INWX does not guarantee that the domains, requested and assigned to the client or the final owner of the domain, do not violate the rights of third parties. If a client or domain name holder is requested by a third party to transfer a domain name because it violates the rights of a third party, the client must inform INWX and expressly submit, by accepting this agreement, to the Dispute Resolution Policy.

9. INWX reserves the right to suspend or cancel your domain name in the event that you use it to send unsolicited commercial messages in violation of any applicable law, customary uses on the Internet.

10. This registration agreement is concluded for an indefinite period, starting from the date on which the application for registration on the INWX platform is made. The domains are renewed automatically, provided that the client pays in advance the corresponding amounts established in the public price list of INWX: https://www.inwx.de/de/domain/pricelist, either through the client's account or personal area or through any other form of payment established by INWX. For this purpose, INWX will periodically send you by email a renewal report listing the domains you plan to renew, their costs, the balance of the current account and any credit limit you have established.

11. Domain cancellations must be made prior to the renewal date corresponding to each domain. For this purpose, in INWX's client area, there is the "Renewals" function from which you can manage at any time, both domain renewals and cancellations and the available credit limit of each client. In case the available credit is insufficient to automatically renew a domain, it will be cancelled and made available again for registration by anyone.

12. The prices established for each domain or for any of the procedures related to them (registration, renewal, transfer or cancellation) must be paid in advance, considering in each case, the corresponding billing period. In the event that a domain is cancelled or transferred before the end of its billing period, INWX will not refund the client any amount.

13. Right of Withdrawal: In relation to the provisions of Spanish and European regulations for the defense of consumers and users, the client is informed, and expressly accepts, that given the characteristics of the services contracted, the personalization of the same and the automated procedures used, there is a simultaneous occurrence between the request for the service and the beginning of the fulfillment of the contract. In this sense, once INWX has begun to comply with the contract or the contract has been completely executed, the client will not opt to withdraw from the contract as provided for in the aforementioned regulations.

14. Limitation of Liability: In general, INWX will only anwser to those cases where registration or renewal is not carried out due to the negligence of INWX. The client expressly accepts that, in these cases, the maximum amount of damages attributed to INWX will be an amount equivalent to double the annual registration fee of the domain in question, according to the list of fees applicable at any given time.

15. For this reason, the client and/or holder of the Domain Name expressly waives any other liability, contractual or non-contractual, for damages to INWX for not obtaining the registration or renewal of the Domain Name concerned, without prejudice to the exercise of any legal actions that may be available to him/her before the competent body.

16. This agreement together with all amendments or modifications that may be incorporated constitute the complete and exclusive agreement between the client and INWX, and supersede any prior proposals, agreements or communications. Changes or modifications to these registration conditions shall always be made in writing and shall be published immediately on the INWX website, this publication being considered as reliable notification to all effects for the client. Alternatively, INWX may forward such changes to the client electronically to the client's email address used in the registration process.

17. In the event that any of the sections of this contract is considered non-binding or invalid, it will not affect the remaining sections of the contract.

18. Protection of personal data: With regard to the personal data that the Client provides to INWX for the contracting and economic management of the Services and consultations or communications of any kind related to the management of the same, the Personal Data Protection Policy published at the following link shall be applicable: https://www.inwx.es/es/aboutus/dataprotection. The personal data provided by the client will be communicated to the competent National or International Registration Authority or Body in charge of the registration of the Domain Name in question, and such communication is necessary for the execution of this contract. The applicant undertakes, for such purposes, to keep the information provided up to date by means of the procedure established for such purpose. These Entities shall observe the provisions of the General Data Protection Regulation (Regulation EU 679/2016) in the processing of the client's personal data, without using them for purposes other than those provided for in the rules governing the assignment of domain names under the corresponding extension in each case and in this contract. You are informed that the assignment of the domain name necessarily requires that the applicant's personal data be published in the Registry's database of Whois domain names for each extension accessible to the public through the Internet. With the acceptance of this document, the applicant gives his consent to such communication and processing, including the publication of his personal data in the Registry Database of domain names Whois of each extension. The rights of access, rectification, suppression and portability of your data and the limitation or opposition to its processing may be exercised against INWX in accordance with its Personal Data Protection Policy https://www.inwx.es/es/aboutus/dataprotection, or in the case of ".es" domains before the Red.es entity as the data controller. In this specific case, the rights of cancellation and opposition can only be exercised after renouncing the requested domain name, since the processing of personal data by Red.es is necessary for the assignment and renewal of the domain name.

19. Jurisdiction and applicable law: All disputes, discrepancies, controversies, questions or claims resulting from the interpretation, execution, breach, resolution or invalidity of these Conditions or related to them, directly or indirectly, will be resolved by applying Spanish law.

If necessary, the parties submit themselves, with express waiver of the jurisdiction that may correspond to them, to the Courts and Tribunals of Manacor (Balearic Islands) in the case that the Client is a legal entity; and to the corresponding Courts and Tribunals with the domicile of the Client in the cases in which the latter may be considered a consumer or user in accordance with Spanish legislation.