HOSTING SERVICE CONTRACT – DOMAINS WITH ADDITIONAL SERVICES
Hereby LATINO WEB HOSTING identified with NIT 900745791-1 with commercial registration at the Chamber of Commerce of Bogotá No. 2040703, main domicile in the city of Bogota, a company that was constituted under the parameters of the laws and regulations in force in the Republic of Colombia, on one side that from now on will be called LATINO WEB HOSTING and on the other side THE CLIENT who has voluntarily decided to celebrate and accept the present contract of adhesion, which will be based on the general principles of the contracting, by the applicable legal norms and in particular by the following considerations and the clauses that are determined in this contract:
DEFINITION OF THE FOLLOWING WORDS USED IN THIS CONTRACT OF ADHESION:
Web site: Web site or web page, or cyber page, is an electronic document or information capable of containing text, sound, video, programs, links, images, and many other things, adapted for the so-called World Wide Web (www), and which can be accessed through a browser. This information is generally in HTML or XHTML format, and can provide navigation (access) to other web pages via hypertext links. Web pages often also include other resources such as cascading style sheets, scripts, digital images, among others.
Hosting: Web hosting is the service that provides Internet users with a system to store information, images, video, or any content accessible via the Web. It’s an analogy of “hosting or accommodation in hotels or rooms” where one occupies a specific place, in this case the analogy web hosting or accommodation of web pages, refers to the place occupied by a web page, website, system, email, files etc. on the Internet or more specifically on a server that usually hosts several applications or web pages.
Search engines: A search engine, also known as a search engine, is a computer system that searches for files stored on web servers thanks to its “spider” (also called web spider). An example is Internet search engines (some search only on the web, but others search also on news, services such as Gopher, FTP, etc.) when information is requested on some topic. The searches are made with keywords or with hierarchical trees by subjects; the result of the search “Search engine results page” is a list of web addresses in which subjects related to the searched keywords are mentioned.
Server: Computer equipment dedicated to hosting content or applications for remote administration and/or serving others on a network; it’s called a dedicated server, that which dedicates all its resources to attending to requests from client computers; however, a shared server is one that doesn’t dedicate all its resources to serving client requests, but is also used by a user to work locally.
THE CLIENT may use the space assigned for the WEBSITE with commercial, informative or personal content according to the laws of the Republic of Colombia, his country.
Therefore THE CLIENT may not present and/or distribute obscene or illegal material, therefore any act that goes against the law is strictly prohibited. In case of violation of this rule, the WEBSITE will be canceled and all content deleted without notice and without the right to reimbursement for THE CUSTOMER. Likewise, THE CLIENT is obliged to compensate LATINO WEB HOSTING and its representatives for any claim or damage caused by any illegal act or misuse of the WEBSITE.
I. EXAMPLES OF UNACCEPTABLE CONTENT
Pirated Software, Phonographic Piracy / Illegal MP3 Files Spam Software / Email Lists Hacker Programs or Files Software Serial Numbers / Cracks / Warez, Pornography of any kind, Witchcraft / Satanism, Chat Servers Casinos or Gambling Consumption and/or Drug Trafficking, Terrorism / Racism / Hate Groups Defamatory Content or Material Anti-Ecological Content / Animal Abuse (Bulls, Cockfighting, etc.) Child Pornography, or any illegal or immoral act.
Therefore LATINO WEB HOSTING will have the power to cancel the WEBSITE; and to determine what act or fact is illegal and immoral, it’ll take into account the legal norms and cultural customs of the Republic of Colombia to cancel the WEBSITE
II. RIGHTS, PENALTIES AND ADDITIONAL SPACE
The CUSTOMER will have the right to a space and traffic assigned, but if the CUSTOMER’S WEBSITE exceeds the space and traffic assigned, it’ll be automatically suspended until the following month unless the corresponding payment is made to provide additional space or traffic. The hosting service provided by LATINO WEB HOSTING doesn’t become the property of the CLIENT, therefore LATINO WEB HOSTING may suspend it and remove it from the account for the following types of WEBSITE
Distribution of Shareware hosted in the server Sale of Sub-hosting IRC.
III. IMPLICATIONS, NETWORK SECURITY AND SERVER RESOURCES
If the WEB SITE comes to use excessive server resources (CPU, memory, etc.) it’ll be suspended momentarily and without notice. The CUSTOMER will be notified later of the fact that he’s using the server resource excessively so that he can reduce the load of his WEB SITE. LATINO WEB HOSTING through its representatives will be the only one to determine if a WEB SITE is using excessively the resources of the server, due to the nature of the shared hosting service and therefore has the complete power to cancel the hosting accounts, dedicated servers or other products of the CLIENT and Users that consume excessive resources at any time, without the right to any type of money refund and without previous notice to the offending CLIENT.
IV. DECISION ON DOMAIN AVAILABILITY, RENEWALS, ADDITIONAL DOMAINS, NEW DOMAIN REGISTRATION AND TRANSFERS
LATINO WEB HOSTING will be the only one that can guarantee the availability of a DOMAIN. Once a domain has been contracted and paid for, LATINO WEB HOSTING will have 72 working hours to deliver it, as long as there is availability. However, due to the nature of the service and the availability of the DOMAIN, the period can be extended up to 7 continuous working days from the moment of purchase. LATINO WEB HOSTING won’t have any responsibility by the NON availability of the DOMAIN for the future CLIENT or by damages caused to this one or third by the loss of a name of DOMAIN in its purchase by first time or its renovation: In case the DOMAIN cannot be registered or renewed by LATINO WEB HOSTING with its suppliers. The value paid for this product will be paid as a balance in favor of the contract number previously granted by the system of LATINO WEB HOSTING, money that can be used in the future, by the CLIENT to make a purchase or update of another domain or product offered by LATINO WEB HOSTING
There is no refund once a bill has been opened and paid for the non-availability of a certain DOMAIN. Once the DOMAIN has been chosen, registered and activated, it cannot be changed until the end of its contract period.
The plans offered in our Web Site have ADDITIONAL DOMAINS, which allow the CLIENT to host several domains in the same Hosting plan.
All the domains are registered at international level under the name of LATINO WEB HOSTING and each domain will be represented by a contract number that will give all the legal rights over the domain name to the holder of the contracted account; THE CLIENT will have DNS control and domain transfer but won’t be able to change the registrant and/or administrative information.
The CLIENT when contracting a hosting service for a specific domain with LATINO WEB HOSTING, won’t be able to request change or modification of the domain on the contracted account.
In case of request to transfer the domain to another provider must be notified 30 days before the expiration date of the contract, if the status of the contract awaits renewal the domain can’t be transferred.
V. AVAILABILITY OF RIGHT TO TECHNICAL SUPPORT SERVICE
The technical support provided by LATINO WEB HOSTING will be available via the support desk (TICKETS 24 hours a day, 365 days a year) and in some circumstances by telephone during working hours and is limited to problems directly related to server connectivity, http, ftp and email services only. LATINO WEB HOSTING won’t provide technical support for the configuration or troubleshooting of third party applications, such as: Configuration of External Email Programs such as Outlook or others that don’t belong to the contracted service, E-Mail Accounts, Additional Domains, Email Lists, MySQL Databases, PHP, PERL, Agora Programming, or any other Programming Language, Interchange, Oscommerce, Pre-installed Scripts or Third Party Scripts, etc. nor anything related to website setup or configuration. The working hours of LATINO WEB HOSTING are 8 A. M. to 12 Meridian and 1:30 P. M. to 5 P. M. Colombian time.
THE CLIENT will be in charge of managing his Web Site and installed and/or developed applications and THE CLIENT will be the only responsible for the information stored there, both in its internal configurations and in the continuity of its installed applications.
LATINO WEB HOSTING won’t be responsible for the partial or total loss of the configurations made in the applications or information of THE CLIENT.
THE CLIENT is obliged to have his own Webmaster to solve problems related to the Website, therefore LATINO WEB HOSTING won’t have the obligation to provide support on Applications that haven’t been developed by the company.
THE CLIENT is obliged to accept all technical procedures to solve problems that may arise in coordination with a LATINO WEB HOSTING official and is obliged to act always in good faith.
VI. CUSTOMER PROHIBITIONS
SPAM, UNAUTHENTICATED EMAILS FROM THE WEBSITE, UNSOLICITED EMAILS OR MAILING LISTS AND PHISHING.
The CLIENT is forbidden to use the network and servers of LATINO WEB HOSTING to transmit unsolicited e-mail (SPAM) or to send mass newsletters or similar. For this THE CLIENT must contract a service of Bulletins in case of requiring it. The domain of THE CLIENT won’t be able to use The Domain as starting point, intermediary or address of answer of this type e-mail. The violation of this rule will give as a penalty, the final cancellation of the account of the offending CLIENT without the right to claim or refund money and the contents of the WEBSITE will be completely deleted without notice. The CLIENT, if he does so, is obliged to compensate LATINO WEB HOSTING S A S and also to reimburse the money that he has been obliged to pay to LATINO WEB HOSTING S A S, for actions of demand to the plaintiff, sanctions or fines that he had to pay to an official entity. LATINO WEB HOSTING will be the only entity with authority to decide what constitutes a violation of this rule.
For security reasons all our servers at LATINO WEB HOSTING are protected with self-control measures.
The CLIENT must create in his applications an authentication service before sending any mail through an email account registered in his Hosting; any mail that is sent using the MAIL option without previously authenticating will be deleted by the servers immediately.
THE CLIENT is obliged to make the corresponding adjustments to their applications to make mailings.
PROHIBITION OF OBTAINING CONFIDENTIAL DATA OR PHISHING; PRIVACY AND PROTECTION OF COMPANY BRANDS AND NAMES.
The phishing or sending emails or falsification of a web page that, appearing to come from reliable sources is attempting to obtain confidential data from the user is strictly prohibited.
Any attempt by THE CLIENT or any similar or look-alike website that may lead to fraud or falsification of names of people or companies worldwide, authorizes LATINO WEB HOSTING to definitively cancel the account of the offending CLIENT, without the right to claim or refund money and the content of the WEBSITE will be totally deleted without previous notice.
If the CLIENT does the above, he/she is obliged to compensate LATINO WEB HOSTING and also to reimburse the money that he/she has been obliged to pay to LATINO WEB HOSTING, due to lawsuit actions, sanctions or fines that he/she had to pay to an official entity. LATINO WEB HOSTING will be the only entity with authority to decide what constitutes a violation of this rule.
The CLIENT will be the only one who will respond to any lawsuit or legal action originated by storing this type of content in his HOSTING space.
THE CLIENT is the only one obliged to respond to security entities or investigative entities that request certification of the veracity and security of their data and stored files; LATINO WEB HOSTING won’t have any legal responsibility at the time of receiving any claim.
VII. LATIN WEB HOSTING RESPONSIBILITIES
LATINO WEB HOSTING is committed to maintain, as far as possible, the availability of the contracted service at 98% calculated on an annual basis. LATINO WEB HOSTING will be exempt of responsibility by facts coming from fortuitous cases or force majeure, since the provided service, can be interrupted at any time by many reasons beyond the possibilities of LATINO WEB HOSTING
All the processes that are necessary to improve the quality of the service provided and set in motion by LATINO WEB HOSTING must be accepted by the CLIENT including the suspension of the temporary service in case it’s required and/or unscheduled interruption of the service for technical purposes.
The CLIENT knows and accepts voluntarily that the continuity of the service depends on the technical reach of LATINO WEB HOSTING and that it can happen due to possible damages in the servers.
Taking into account that the damages that come from any interruption of the service, are too difficult to determine, THE CLIENT voluntarily accepts that LATINO WEB HOSTING won’t be responsible for any damage, demand and/or harm that happens for these causes to him directly or to third parties. The obligation of LATINO WEB HOSTING by its own negligence cannot exceed an amount in any case equivalent to the values payable in a month, which are obtained from the period contracted between the number of months of the period agreed upon by THE CLIENT on the product contracted by him.
The value that will be used for the fixation of the payment or cancellation of the services given by LATINO WEB HOSTING is of Colombian Pesos .COP
The CLIENT declares that he’s completely responsible financially for any direct or indirect affectation to LATINO WEB HOSTING, in his good name, to his Clients, to his trusted third parties, Suppliers and also in case the provision of any service in his name affects the availability or stability of the Platform used, or in any other event, applied for all the products, including Hosting, Domains, Dedicated Servers, Software Applications, Etc., LATINO WEB HOSTING is empowered to initiate legal actions towards THE CLIENT.
VIII. RESPONSIBILITY FOR BACKUPS AND INTEGRITY OF INFORMATION
The integrity of all the information, databases and files that make up THE WEBSITE is the responsibility of THE CUSTOMER. The client MANIFIES that he knows that LATINO WEB HOSTING doesn’t have backup systems of information (BACKUP) if this isn’t previously contracted by THE CLIENT, the backup of all the data of each account is the responsibility of THE CLIENT. LATINO WEB HOSTING won’t be responsible for any material or economic damage, lawsuits or any other type of damage that the CLIENT could suffer in case of total or partial loss of information.
As an additional tool THE CLIENT has an option to make a backup in his control panel (CPANEL), in addition to this THE CLIENT can contract a backup solution (BACKUP) offered by LATINO WEB HOSTING
IX. CONTROL PANEL ACCESS PASSWORD
Once the account is created, the CLIENT receives by email a password to access his control panel. It’s the sole responsibility of THE CLIENT to keep this password in a safe place so that unauthorized people cannot access the account. THE CLIENT is authorized and it’ll be his responsibility to modify his password at any time from his control panel. In case THE CLIENT loses his password, he can request his password to the support address, which will be sent to the email address registered with the account.
X. PROHIBITION TO SELL THE SPACE.
LATINO WEB HOSTING We’re zero (0) tolerant with the resale of space on our servers, in case this happens your account will be terminated IMMEDIATELY without the right to any money refund, we allow the hosting of additional domains but owned by THE CLIENT, in case of not abiding by this rule is clear the consequences that can bring, for this we check our servers every 2 days inspecting the proper use of them.
XI. CONDITIONS FOR THE REFUND OF MONEY PAID BY THE CUSTOMER
The CLIENT is fully aware that under no circumstances will the money paid and received by LATINO WEB HOSTING be returned; in case of a valid justification, this amount of money will be paid as a balance in favor in the contract signed and accepted by the CLIENT and the CLIENT will be able to use it for the purchase, update or renewal of another product offered by LATINO WEB HOSTING. The payment of the domains by their nature, aren’t refundable.
XII. REQUIREMENTS FOR SERVER UPGRADES AND ADDITIONAL CONTRACTS AND INSTALLATIONS
LATINO WEB HOSTING has in its servers installed and licensed software defined for all the Hosting accounts, THE CLIENT must adapt its scripts and application programming to the versions currently available in each of the servers. THE CLIENT by means of a right of request will be able to request the installation of additional components, but it’s clear in this contract of adhesion that the technical team of LATINO WEB HOSTING will review the viability to carry out the installation of the component and in case of being approved it’ll be installed. If the new installation affects the behavior of other server accounts and causes inconveniences LATINO WEB HOSTING may deny the installation and/or uninstall the requested component.
When a contract is renewed and updated both parties will respect the date of the first contract. LATINO WEB HOSTING will send only 1 (one) charge per year whose term will correspond from the start date of the first contract and for the total of the product regardless of the date the account was updated.
XIII. GROUNDS FOR TERMINATION AND RECONNECTION CHARGES
This contract will be terminated for the following reasons: (a) by the breach of any of the obligations set forth within the contents of this agreement; such as those arising from the nature and substance of the contract, or due to conduct contrary to fair dealing and good business practice; (b) by the expiration of the term of the contract; (c) by the breach or partial or total lack of payment by THE CLIENT and will be entitled to the suspension and removal of all information hosted on the servers of LATINO WEB HOSTING It’s clear and precise for the contractual parties that whoever fails to comply with the obligations arising from this contract of adhesion, will empower the other to terminate this contract without any notice or requirement.
LATINO WEB HOSTING reserves the right to carry out the UNILATERAL and IMMEDIATE termination of this CONTRACT without previous notice to the CLIENT if the latter fails to comply with the obligations to which he has adhered and accepted or if the members of the Board of LATINO WEB HOSTING, its Technical, Legal team decide it for reasons related to mismanagement of the account or any other cause. By the previous thing the CLIENT loses the right to be given some type of information that is lodged in our Servers on the part of the CLIENT nor will be returned of Money.
The CLIENT is aware that by acquiring any dedicated Server, Hosting Plan, Product, Domain or Service with LATINO WEB HOSTING he automatically and irrevocably accepts the terms and conditions established here in this adhesion contract.
The CLIENT to renew his contract will have to pay a unique charge for reconnection of 20.000 + IVA, also he’ll pay this amount of money when he doesn’t cancel on time his renewal of any of the products or services contracted with LATINO WEB HOSTING. in monthly, bimonthly, half-yearly, annual or any other modality in which you’re active in the Information System of LATINO WEB HOSTING, the deadline of payment is the one that is registered in your contract until 11 o’clock: 59 pm of the same day, if the Client doesn’t make the payment corresponding to the reconnection value, LATINO WEB HOSTING will be able to immediately cancel the Client’s contract and cancel his current product affiliation without the need to notify the CLIENT, neither will any type of hosted information be delivered and in case he has a contracted domain this can be immediately cancelled or terminated without previous notice, procedure caused by the lack of payment of the renewal cost of his product or the reconnection charge.
XIV. RESOLUTION OF DISPUTES:
Any controversy or dispute arising between the parties by virtue of the conclusion, execution, termination, interpretation or settlement of this contract shall be tried to be resolved in the first instance through the mechanism of conciliation, making use for such purpose of the services offered in this regard by the Bogotá Chamber of Commerce. If a solution isn’t achieved, the mechanism of arbitration will be used, for which an Arbitration Tribunal will be formed, composed of a lawyer, appointed by mutual agreement of the parties. If no agreement is reached on the appointment of the arbitrator within (15) days from the failed conciliation hearing, the arbitrator will be appointed by the Bogotá Chamber of Commerce. The Tribunal shall be subject to the rules of the Bogotá Chamber of Commerce and the decision to be rendered shall be in accordance with the law.
XV. CONTRACTUAL DOMICILE:
For legal purposes, the contractual domicile shall be the city of Bogotá, and notifications shall be received at the following addresses: LATINO WEB HOSTING Avenida Boyacá No. 35-05 Sur
Any communication or notice sent between the parties under this contract must be in writing or by means of a data message, by registered mail, by fax, by e-mail or by personal delivery, and is deemed to be delivered to the respective party as indicated below: (1) by registered mail: on the third working day after the date of dispatch; (2) by fax or e-mail: on the next working day after the transmission has been completed.
XVI. VALID DOCTRINAL THEORY OF THE CLICK
With the imposition and form of the electronic commerce the theory of the consent expressed via click arose, that is to say, when the applicant is warned that it’s submitted to the expressed conditions and this one manifests its assent pressing the key enter and doing click (as it’s requested before the shipment of the registration form) the client expresses its conformity with the conditions established by LATINO WEB HOSTING. The doctrinal theory of the click was ratified in the text of the Law of Electronic Commerce of Colombia in the law 527 of 1999.
XVII. RULES AND LAWS GOVERNING THIS CONTRACT:
The rules and laws applicable to this contract shall be the constitution, laws and regulations in force in the Republic of Colombia, according to the principle of the preservation of the contract.
Having read and consented to the above content, it’s signed in the city of Bogota, Colombia.