Policies of use
HOSTINGCOM Internet service provider, between which they are counted: Shared Hosting, Virtual Servers, Servers Dedicados and Housing, as well as other services that in the future could be offered related to the Data Center services, in future “Services of Data Center”.
By means of this act, the Client properly represented, contract to HOSTINGCOM accepting the detailed services in the Annex Number 1, Quote and Form of Invoicing and Contract and/or Form of Car of Purchases indifferently, with its respective particular conditions of use, price, technical use, characteristics and limitations. Also, the client declares to have read and to have allowed completely all the clauses of this contract, as well as its accessories and Annexes, and she is commited according to the indicated thing in each of them.
The present contract is only binding for the Client and company HOSTINGCOM, and it is not applied to any third party, including the end users.
FOUR: Dedicated servers Administered
They characterize themselves because they do not need high technical knowledge on the part of the Client. In this modality HOSTINGCOM one is in charge to always update and to maintain in correct state the Dedicated Servant.
In the Administered modality, the support offered by HOSTINGCOM is global, staying updated permanently the Dedicated Servant and being realised necessary the technical interventions, with gratuitous character in everything what it talks about directly to hardware, connectivity and licenses of Control Panel (in case the client needs the servant with the license “cPanel”, therefore she is called), including in the technical support the services that are lent through this license. In no case support will be lent on any type of software installed by the Client or HOSTINGCOM at the request of first.
a) Hosting Shared with cPanel:
HOSTINGCOM will generate weekly endorsements and it will retain them by a month by each account of hosting. In no case, the company will be responsible by the damages happened in the website, caused by infringements producidaspor archives of the same webpage.
It will not be possible to realise interventions in the servant for installation of, bookstores, modules nor plugins. In this sense, it will not either be possible to open ports, nor to realise any modification in the servant who requires resumption of services or the same servant.
b) Deprived virtual servers with cPanel
HOSTINGCOM will realise the initial configuration, according to the detailed thing in the “quote (Annex)”. In case of being feasible, the company will free of charge install a list of services that will be detailed in Annex 1 of this contract. Any other service or software, will have to be installed by the client. HOSTINGCOM will be able to install any other service or software with additional position, amount that will have to be phelp by the client. In case the client damages his VPS by bad manipulation or a negligent use, the client authorizes to HOSTINGCOM to realise the repair that corresponds, asumiendoel clientese authorizes from already, the additional position by his repair, position that will be acquired the following month of realised this repair. Any infringement that undergoes the VPS by uncertain passwords, or caused by the same archives or software installed by the client, does not have technical support by the company and its repair will have an additional position. The client is responsible to form his own endorsements and to monitor the state of the disc, unless she contracts the external service of backup of HOSTINGCOM, where the configurations are realised by the company. In no case, the service includes technical support for any type of software installed by the client.
c) Servers dedicated with cPanel
HOSTINGCOM has a term of 72 hours for the montajeinicial of the servant. Any intervention subsequent to their assembly, programmed for the lack ferocity of hardware and connectivity, will be notified to the client with 7 days of anticipation, with the exception of appearing some urgency or modification asked for by the client, in which case it will be realised in the smaller possible time. In case the client damages his Servant Dedicated by bad manipulation or a negligent use, the client authorizes to HOSTINGCOM to realise the repair that corresponds, assuming the client from already, authorizes himself from already, the additional position by his repair, position that will be acquired the following month of realised this repair. Any infringement that undergoes the Servant Dedicated by uncertain passwords, or caused by the same archives or software installed by the client, does not have technical support by the company and its repair will have an additional position. The client is responsible to form his own endorsements and to monitor the state of the disc, unless she contracts the external service of backup of HOSTINGCOM, where the configurations are realised by the company. In no case, the service includes technical support for any type of software installed by the client.
FIFTH: Modality not administered
Service of Housing
They will have to be administered direct, only and exclusively by the Client. The Client affirms to have high technical knowledge and sufficient for its administration since this modality does not include settled software therefore its configuration, management and correct operation, she is of exclusive responsibility of the CLIENT. In this sense, the client, is the person in charge of his components of hardware and software. Certainty is left that under this modality, HOSTINGCOM gives the connection, energy and physical space in his datacenter so that the Client administers the same completely, without intervention some on the part of the company. The monitoring that HOSTINGCOM realises of these servers is limited only the shipment of an e-mail to the Client in case his servant stops being in favor available of any cause.
The Client is proprietor of the Equipment stored detailed in the Order of Work and Certificate of Delivery that, subscribed by HOSTINGCOM, are integral part of this contract. The Equipment must necessarily be “raqueable” (susceptible to be rich in “rack” conventional) and to be in good state, with power of processing, amount of memory, power of feeding of 750w 450w. Thus the things, HOSTINGCOM will only provide with space within rack and connectivity to Internet, so that the technical support including, will be only limited the connectivity of the servant and this support will be realised via telephone, or through system of tickets of the Company. Any other technical support that does not say to relation with the connectivity or the problem is directly imputable to the client, the technical support will have an additional cost.
The price of the rent of the Services of Data Center that are contracted, indifferently is detailed in the Annex Number 1 Quote and/or Form of Car of Purchases. This value will be pleased to the Company of anticipated form, within the first five days to count of the date of hiring or renovation and according to the cycle of payment selected by the Client. The company will issue automatic warnings of collection of way to inform and to remember to the Client with respect to its commercial obligation.
The price will be readjusted according to the index of the Price of the Consumer, CPI, once a year, in the month of January.
If a variation in the taxes applicable to the agreed services took place, HOSTINGCOM will be able to adapt their prices consequently.
SEVENTH: Forms of payment and Notification
The payment means will always be published and updated in the webpage of the Company and the Client it will be able to accede directly to this information through link: http://www.gitahost.com/pagos (or its possible modifications, those that previous and will be properly informed). Notwithstanding the previous thing, the payment will be able also to be realised in the electronic chequebook (it counts view) of the Bank Been, account number 55171109433, to name of ________________.
It will be considered that the payment has verified when 1) The client sends supporting to the firstname.lastname@example.org mail, indicating in the text of the message the number of his note of collection, information that will be able to verify in its area of client or the e-mail sent at the time of the registry; and 2) The phelp amount agrees with the acquired amount.
Indifferently of the channel that the Client uses To pay and To notify his Payment, it will have to always inform in the e-mail or form, its name, the name of the domain associated to his account, the number of his note of collection, means of used payment, the date of the operation and the data of the holder of the bank account or card and the depositor.
HOSTINGCOM will issue invoice or ticket of sale in compliance with the data that the Client granted at the time of contracting. The invoice will be emitted and sent to the by email electronic Client, and will be in favor available of 6 years to count from its emission in the area of clients of the https://www.gitahost.com/clientes Company. The Client accepts the use of the e-mail as the only applicable route for the reception of the invoices or tickets generated by the benefit of the services. For such effect, the client authorizes already from to Hostingcom issuing the invoice to the following e-mail: __________, being understood notified of the same, from its shipment.
NINTH: Suspension and Term on watch by nonPayment
In case of blackberry or simple retardation of the payment of the total of the agreed price, the service of the following form will be suspended or finished:
1. If passed 5 days of the date established for the payment this one he has not verified himself in his totality, the Client in off will come itself to the suspension of the service being - line. Its account will activate yes and only yes, the Client realises the payment of the totality of the owed thing, sending respective supporting of payment through e-mail indicated in the clause seventh for payments.
2. The service will remain with endorsements during the first 30 days run after the victory. If passed 30 days of the date established for the payment, this one has not been verified, the Client will incur the breach of an essential Clause of this contract and, in regard to it, the client, the elimination of the stored information will come itself specifically to the definitive cancellation of the service, authorizing, being HOSTINGCOM exempt of all responsibility.
3. In case the Client does not wish during the period indicated in the previous number, to reactivate its account, but, to rescue the information in stored her, will be able to ask for the endorsement of its data, previous payment of the slow quotas and the operational expenses associates, according to the service of Data Center contracted.
4. The client will be able to solicit up to 3 prorogations in 1 year, prorogations that each, could not be superior to 10 days, accepting itself only one prorogues per month. The client will have to ask for it of formal way through signed letter, directed to the Legal Representative of the Company, which has 5 days run to give answer, once analyzed the antecedents. The prorogation request, will have to be sent to the email@example.com mail and the answer of the company will be sent to the e-mail that the client maintains registered. Any other delay reiterated in the payment of the rent, and that is not imputable to the prorogations authorized by the company, will authorize to HOSTINGCOM to put term advance and immediate to the present contract, without needing warning, notification or judicial declaration some, and without right to damages of no species. The opportune nonpayment of the rent agreed by two consecutive periods is understood by repeated delay or no, in a year and whose prorogations would not have been authorized.
TENTH: Contract renovation and Term
The date of beginning and the duration of the present contract they are detailed in the Annex Number 1. If passed that term no of parts showed it, in express form, completes and opportune its intention to put term to him, will renew in tacit and successive form per equal periods. Suitable document for these effects, the e-mail or the certified letter will be considered that: 1) It expresses of unequivocal way the intention of the Client to end to him this contract; 2) It contains the indications of authentication of the Client demanded by HOSTINGCOM, that is to say, their complete name, Rut/national identity document/Passport, direction, direction e-mail, and telephone of contact as well as the name of the holder of the service and the domain associated to his account; and, 3) Noninferior to 15 days of the date of term of the term initially agreed or of its prorogation goes to the legal Representative of the Company with an advance.
Eleventh: Identification of the Client
The Client commits himself to provide all the information that allows to identify it as the natural or legal person, completing with fidelity the data demanded in the Car of Purchases, Form of Invoicing and/or Annex Number 1 of the present contract, commiting himself also to maintain updated his information of contact, as well as its e-mail for contact and shipment of invoice.
The Client natural person will have to be adult, that is to say, greater of 18 years fulfilled and the representative of any legal person she will have to credit properly his function and position of agent, and social use.
The consequences that derive from the breach of this obligation, will be of position of the Client.
Twelfth: Communication and Administration
HOSTINGCOM and the Client decide to notify in opportune and efficient form any incidence that could take place during the use of the present contract. Of preferred way, the communication channel will be the e-mail, to object to put record of the communications. For these effects, the Company indicates that its direction is firstname.lastname@example.org and the Client indicates that its direction is that one that registered in the Form of Car of Purchase, Form of Invoicing and/or Nº1 Annex of the present contract, as well as any other update that had realised by formal means to HOSTINGCOM.
For all the subjects related to his account, with the recovery of keys and/or the verification of payments, it will be had as valid interlocutor the Client and/or the person and her respective electronic direction, that this one authorizes specifically when contracting in the Car of Purchases, Form of Invoicing and/or Annex Number 1 of the present contract. The Company under no circumstance will give keys by a route different from the e-mail that the Client instructed.
With the intention of guaranteeing the security of the data stored in our Data Center, the Client, to realise any type of modification referred to the Administrator of the Service, it will have to ask for express authorization to the company.
THIRTEENTH: Obligations of the Client
The Client commits himself to make a good use of the contracted service what implies, among others, the following obligations:
1. The Client will have to pay the price or quarrels agreed to for each Service or contracted Services, including the taxed taxes.
2. The Client will have to use the Service or Services contracted according to the conditions agreed between the parts, to the effective legislation and the good faith.
3. He will have to protect with the due one hastens the keys and codes given by the Company, as well as the confidentiality of his account. It will be of his exclusive responsibility the evil use that could give him to the personnel to its position or third parties.
4. To adopt whichever safety measures they are advisable or necessary to preserve the confidentiality and the secret of its User (Login) and Password (Password) from access to the portal of Clients of HOSTINGCOM, that will be, in any case, intransferable personal and.
5. To prevent the intrusion of third parties other people's to the Client in the servant.
6. To maintain an suitable configuration of the equipment and the service, to avoid the evil generally use of the same and, to avoid all circumstance that harms the operation of the service.
7. To take necessary the preventive measures, chords to the exigencies of the commercial activity that it develops, protecting the information stored in the servant. The Company will not respond of losses due to negligence or negligence of the Client.
8. To respond of the errors produced by the access suppliers and of the contamination with virus of the archives lodged in the servant, to them not to have afforded the sufficient protection.
9. Any type of entrance or action is prohibited the Client to try to on approval put the security of the servers realising who is not strictly necessary for the use of the contracted service.
10. To maintain its equipment, (computers) free of virus, whenever connection with the HOSTINGCOM servers settles down.
11. To inform to HOSTINGCOMse any anomaly detected in the use into the services contracted, within the term of 24 hours from its detection.
In cases in that the Client previously fails to fulfill the described points of this Clause, on more than one ocassion, the Company will be able to suspend the service temporarily. If the conduct of the Client is reiterative, it will be able definitively to cancel the service without right to reimbursement of no species. Additionally, the Client will be responsible for the caused damages to the Company.
The Client has the total responsibility on the content of his Web, of the transmitted and stored information, its operation, the connections of hypertext, and all the legal actions that its action could trigger. In addition, the Client is responsible for the fulfillment of the laws and regulations that are of application in these cases.
The Client or his users will not be able to lodge in the system contained who are opposite to the Constitution or the law, that contravenes the Public Order or attempts against the moral and moral convention, that they harm rights of the Company or third parties. If the Company takes knowledge, in convincing and unequivocal form, from the introduction of those, it will come to cancel definitively the benefit of the contracted service and to retire these contents of the system, without right to reimbursement. The Client will be responsible for the contents lodged in the space ready by the Company to him, being this one specifically exonerated of all type of civil, penal or administrative responsibility by the same.
In relation to this, the Company will give immediate warning of this incident to the competent authorities, making its available all the information that is to its reach.
In circumstances as the described ones, the Client will compensate to the Company by the damages derived from his action and person in charge becomes of the reimbursement of all cost which the Company has incurred.
FIFTEENTH: Given resources
The Client will have to guard so that the resources assigned as part of the contracted services are used suitably and will be responsible for the consequences that the use of these services has.
In case the Client is surprised by HOSTINGCOM personnel or denounced by third parties, in the exercise of bad practices, as for example, the shipment of massive post office nonauthorized (SPAM), the impersonation of identity for a website (phishing) or any other fraudulent activity that puts in risk the integrity of the resources arranged as part of the contracted services, HOSTINGCOM will be authorized from already, to suspend in temporary form the provision of the contracted services until the provoked problem is clarified. If situations as before indicated take place of way reiterated, HOSTINGCOM will be able to be able definitive term to served to the client, without right to reimbursement.
In the specific case of the exercise of practices of shipment of nonauthorized massive mail (SPAM) and of which by that reason they were associated directions IP of the contracted services blocked or including in public black lists made by responsible organisms, as much national as international, as for example SpamCop or Spamhaus, the Client she will be the only person in charge of this situation, being responsible also to manage the process of removal of these directions IP from the black lists in which they are blocked, having to also assume of his position, in case they exist, the costs that the removal process has.
The Client declares to completely know the implications the use of Internet, reason why she releases and she exempts specifically to HOSTINGCOM of all direct or indirect, present or future responsibility that will be able to happen to cause or consequence of infractions to Law of the Intellectual or Right Property of Author 17,336 Number and the Law of Protection of personal Data, its present or future modifications as also to treaties, international agreements, conventions on intellectual property that has subscribed and recognized as law of the Republic; as also it must observe the legal dispositions and those international standards that emanate on, which they are dictated or they decided after the subscription of the present contract. The exemption of HOSTINGCOM responsibility, understands any action or omission of third parties with respect to which, HOSTINGCOM and their suppliers they lack authority to prevent that acts are committed that will be able to cause to damages or damages to the users of the network.
HOSTINGCOM does not assume responsibility some when rendering services to the Client respect the following subjects:
a) Veracity of the information that the Client obtains through Internet;
b) Damages or damages that could be by the use of the network or damages that will be able to happen with respect to the data of the Client on the part of other users of Internet;
c) Any other situation that produces damages to him to the Client by inadequate use of the service of Internet on the part of its employees, executives, and internal and/or external personnel, generally. HOSTINGCOM will not be responsible for the damages of any nature that could be caused to third or to the Client as a result of the illegal or illegal use of the Services on the part of the Client.
d) Any type of content lodged in the space attributed to the user by the service;
e) The possible damages in the equipment due to the incorrect use of the same (that will be responsibility of the Client);
f) The damages due to an infection by virus of its equipment;
g) The errors produced by the access suppliers;
h) Any interference on the part of a third party;
i) The defective configuration on the part of the Client;
j) Robberies of keys; and
k) Any illegal use of the contracted services.
SEVENTEENTH: Obligations of the Company
HOSTINGCOM guarantees that in case the time in line of their servers is inferior to 99.7%, which will have to be demonstrated by the client, to satisfaction the company, the Client will be able to contact HOSTINGCOM to ask for an installment of tariff for this proportional period to the time of lack of availability, installment that will be assigned to the future purchase of Services of HOSTINGCOM. The installments are not exchangeable by money and they do not affect to the taxes that are of application. The installments will not be applied to interruptions caused by: a) predicted periodic maintenance or carried out occasional repairs by HOSTINGCOM; b) lacking of availability caused by the Client, c) availability incidences that do not limit the access of the navigator the webpage of the Client (for example, interruptions to the service of FTP or e-mail); d) suspension of the account of the Client due to legal actions taken or announced against the Client or his services; e) suspension of the account of the Client by violations of the General Conditions of Hiring, such as, for a reason or purpose merely declarative, the excessive use of the resources of the system, blockade of direction IP, unphelp service or incidences of payment, or identification of fraudulent or breaking behaviors of the General Conditions of Hiring; f) When the suspensions have as cause the security of the service of the network, the maintenance of the integrity of the network and, especially, avoiding serious interruptions of the network, Software or kept data; or g) causes beyond the control of HOSTINGCOM or that are not reasonably foreseeable by the Company.
In their relations with the Client, HOSTINGCOM will act loyally, of good faith and with the diligence that its commercial activity demands. For it will put at the disposal of the Client all the resources of his technological platform and its equipment and human, to object to offer a service him of quality.
The Company will not be responsible for unforseeable situations of greater force or, such as: faults in the Internet network, you cut of light, failures in the equipment and servers or catalogued others as fortuitous or of greater force. Also, the Company does not become person in charge by the suspensions of the service caused by cause or responsibility of the Client.