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Before discussing the contract "electronic" mapping and registration of domain names ...

I ask to see and comment here the paper published in the URL ....

http://www.dominiuris.es/?id=126&seccion=&materias =

reads in part:


The question to ask is whether an entity provides a service university business in exchange for a payment, which has generated wealth, can benefit, contract, failure to comply with the contracted service, offering the same service to two or more people at once, "unfold" ceasing to be partner of applicants and exempted from complying with the order, setting-firstly, that the two contracting parties should be subjected to a "mediation" where the NIC autoasume a new role of "mediator" without any law or rule authorizing it to act in this way.

Second, the two or more partners of the NIC, who have paid the price of the service requested and that among them there are no contractual relationship or obligation, should be subject to arbitration. NIC Chile is a company providing commercial and contractual, under the general rules of law and consumer law. Despite its nature of business "university" has no general authority, legal, or administrative regulation to define the Chilean standards for registering domain name dot cl. It has only been established clauses or terms of service contracts it holds.

only thing he could legally do, and did, was to define the terms of a contract that takes effect only on the parties who sign-NIC and a registrant of the domain name, "contract that is also" membership "because its rules can not be negotiated, which is temporary," because the service provided by the NIC has unilaterally demarcated two years, and, with exactly the same object can be held with one, two, three or more people same time. And always be contractual rules, although the IAS are denominated "Regulation."


I think, in essence, the rules governing the Chilean system of domain names is the product of erroneous opinion of its editors, who believed they were acting as a legislature with legislative powers, probably because of its proximity professional with the regulations on Status of industrial property. We forget that the industrial property field is governed by a rule with the rule, the obligation and the power of a general law and establishing an institutional imperative, procedures and levels of challenge, which is a radical difference to the scope of Domain name registration.

Regulation is made or autoestablecida Unanimous rules, not Chile has been enacted by any authority and therefore not published in the Official Journal. Is respected by users seeking to register a domain name, which is under contract to accept. Ergo, it is not legally presumed or known to all third parties under the terms of the Civil Code and can claim ignorance until it is paid to NIC Chile the fare and not understanding reached between the NIC and the applicant is a contract .... Rjl

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way the computer contract for the provision of brokerage services ...

VIII. EXCLUSION AND LIMITATION OF WARRANTIES AND LIABILITY, REIMBURSEMENT, AND DISCLAIMS LIABILITY

VIII.1 Warranties and Liability

The parties recorded, and so expressly recognized by the user that the computer hardware and software are tools for data processing, by their nature, are subject to possible failures or interruptions, either in hardware or operation of its programs or software or configuration as such contingencies to which is also subject Computer Setup and any of its hardware or software components that the company used to provide the Processing Services. Therefore, THE COMPANY does not represent or warrant in any way that Computer Configuration, or your software or hardware will be free of any defects or errors, or that any defect or error can be corrected, or that will operate uninterrupted and error-free and, therefore, that the Prosecution Service will also provide uninterrupted and error-free or that the operations of clients served or use the Services will not be affected by interruptions or errors , nor to satisfy all customer expectations, except those requirements, transactions and objective functions specified in Annex 1. For this reason, the customer must take preventive measures usual computer activities such as having a backup system or process gaps. Accordingly, COMPANY has no liability for loss of data or information client's own or customer or third party or for other losses, damages and / or damages that may result in the person or property or customer information, their dependents, its customers or third parties, the effect of, or related to or resulting from the provision of processing services by THE COMPANY and its staff, among others, and, particularly, by interruptions, malfunctions, defects or errors in the Computer Configuration, and / or any of its components Hardware or software used by the Company, or in the execution of Processing Services or use thereof by the Customer or any of its customers, or others, responsibility which shall be wholly and exclusively to the CLIENT, except only insofar as such losses, damages and / or damages were directly and solely attributable to their own gross negligence or wrongful act or intentional conduct of the business, but limited to actual damages , direct and planned and the liability cap set forth below in this Clause.

However, under no circumstances shall the total liability of the company or its personnel to the Customer or any third party for any action or claim exceed the amount actually paid to the company for contract processing services that directly caused the Losses, damages and / or Damages, and, consequently, the maximum liability of the COMPANY and any obligation to compensate losses, damages and / or Damages under this Agreement, whether on the claims asserted by others or by the clients, whatever their nature or reason and order either contract or tort, shall be limited to a maximum cumulative total, the amount of the fees or prices the company has actually received for the provision of processing services in question to arise when the facts which cause these complaints and responsibility. Without prejudice to that stated in this paragraph, the total liability COMPANY as a result of the above in this clause shall in no case the amount of 360 UF.

COMPANY and the CLIENT state and recognize that the prices or fees and other consideration provided for the Client under this contract properly and reasonably reflect the risks and responsibilities involved and assumed by each party and the exclusions and liability limitations set forth in this clause. VIII.2

Reimbursement or Indemnity and Waiver

In case the company shall have to make any payment or payments of any kind, during or following as indicated in the preceding paragraphs, the client is obliged, from now, to pay, pay, or indemnify the Company for such securities, except insofar as such payments as a cause thine negligent actions or gross negligence of the COMPANY.

Furthermore, THE CLIENT waives, from and and explicitly, to any action, claim, demand or lawsuit against the company, its employees or its subcontractors, for any reason and any title in relation to the possible damage which may experience the Client, its servants, subcontractors, customers or others as a result or in connection with the provision of processing services contract, and in excess of the obligation or responsibility to repair VIII.1 stipulated in clause hereof. Disclaimer VIII.3



CLIENT agrees to fully indemnify COMPANY for any losses, damages to the company, its staff or contractors might suffer or that may affect result of the provision and implementation of Services Processing or arising by reason of a violation or breach or falsity of its obligation under Section IV.1 (d) of this Agreement.

* Comments? Rjl

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free software or open ...

The center of our studies in these classes will be the licensing or the granting of license agreements of software called "owners" ...

In counterpoint, has emerged the figure of the so-called OSS or open source software, in which context and unlike the previous so-called shared source codes or programs. To understand its importance and its implementation in Chile, I ask you to read and comment here the paper published in the URL
http://www.paisdigital.org/files/software% 20abierto.pdf .

Sincerely,

rjl