The company – Terms and conditions
Any person or organization that purchases one of the services offered by The Company accepts the following terms and conditions:
- The Company reserves the right to fully disable any account that does not meet the requirements set forth in such Terms and Conditions of Service statement and reserves the right to suspend or modify these Terms and Conditions of Service.
- All services provided by The Company may only be used for legal purposes. Any transmission, storage, or presentation of information, data or material that violates the regional, provincial or national laws of Argentina is prohibited. This includes, but is not limited to: copyrighted material, material we deem threatening or obscene, or material protected by trade secret or other statute. Child pornography or any related marketing is prohibited, understood as any type of nudity, both partial and total, on The Company’s servers. This includes sites that may infer illegal sexual content, or links to other sites with illegal adult content. The Company will determine if there has been any violation of this provision. Likewise, sites that promote any illegal content or activity that may damage the Company’s servers or any other Internet server are prohibited.
- The Company can freely send messages to its clients announcing new services or improvements, but the dissemination of clients’ email addresses is totally prohibited.
- The characteristics and price of each service may change without prior notice.
- The Company will provide technical support to the client via email when necessary and will carry out the necessary care for the proper operation and accessibility of the servers.
- Policy on Payments: payments must be made in advance by any means of payment enabled for this purpose, leaving the receipt as proof of payment of the service. The Company is not responsible for the cost of sending the invoice, if the proof is needed, the client must pay the cost of the shipment. It is also the use of The Company to send a payment order by email for the period in question. Although The Company reserves the right to change the price of the accounts or services at any time, the prices are guaranteed for the period that you have paid in advance. Customers who have debt and switch to another provider will automatically be removed from the service. Late payments for contracted services:
- 1 day late – Suspension of service.
- 5 days late – Physical deletion of the account on the servers.
- Those users who unsubscribe or change to another of our services will not have the right to claim any refund of amounts.
- The software and hardware implemented by users to manage said access or maintenance of their website are the responsibility of the user and the companies that market it. The Company only provides the service of installing the operating system available to the client on Dedicated Computers and VPS as long as it is in the company’s stock or can be downloaded under GNU / GPL licenses from a server. For those cases in which the OS (Operating System) is licensed, the Client must provide The Company with a bootable image of the OS that they want us to install and send it to us digitally by any means available for this purpose (CD / DVD / HTTP Download / Download FTP / Upload to the Company’s FTP server, etc).
- To those users who violate the rules of Internet coexistence, send bomb messages, generate uncontrolled propaganda (SPAM), or carry out any other illegal activity aimed at harming a user, system, or group of Internet systems, access to the servers will be immediately withdrawn, and the user loses all rights to claim against The Company for said action.
- Even in the event that The Company was found negligent or guilty, its responsibility will not go beyond the provision of the service for the time determined.
- If any legal action is brought about by either party on the subject matter of these Terms of Service, each party will be responsible for its attorneys’ fees, legal costs, and general expenses incurred.
- The Company will address the client formally and always maintaining the dialogue in a tone of respect and cordiality. The client is also expected to behave in these forms, otherwise The Company reserves the right of admission and permanence of the client in the services provided by it, without this giving rise to any type of legal action by the client or economic compensation by the company towards it.
- It is prohibited to use programs that overload the functioning of the servers, just as any type of abuse towards their operation is prohibited.
- The Company will not be responsible for direct or indirect damages caused by misfortune, acts of government, insurrection, riot, civil disturbance, interruptions of electrical service, or interruptions suffered by an intermediary private work network on whose facilities the traffic of the Client’s WEB Server is carried out to and from the WEB Server provided by The Company.
- The client certifies that he is over 18 years of age, otherwise he would have to designate a co-owner over 18 years old.
- The client must make a backup of his site and/or server. We are not responsible for the content of the client’s site. We take backup of all sites on shared servers but those vps or dedicated servers, due to their volume of information, it is financially-technically impossible to have backups.
- The Company makes its best efforts to maintain and improve the quality of its services, however it does not guarantee the continuous and uninterrupted provision thereof. The computer systems on which the application services depend may eventually be unavailable due to technical difficulties (software or hardware) or connectivity failures, or for any other circumstance beyond The Company’s control or not. For its part, the CLIENT acknowledges and accepts that viewing and accessing the applications is only possible thanks to the infrastructure of third-party resources such as Internet connection providers, software and hardware providers, interconnection nodes, data carriers. , electricity providers, etc., over which the Company does not have full control. In knowledge of this, the CLIENT expressly waives to claim any repair based on the subjective or objective responsibility of The Company for failures, slowness, and / or errors in access and use of the service, due to connectivity problems, communications, failures or breakdowns in computer systems or other possible contingencies. By this is also understood any hardware failure that may affect access to your server, such as power supply problems, motherboards, processors, memory, disks, etc. In the event of a hardware problem, the Company limits itself to replacing the defective hardware and, if applicable, reinstalling the OS without recovering the client’s data, since the client must make backups of their data as indicated in point 16.
- Neither will The Company be responsible in case of interruption of the service or deficiencies in its provision when this is a consequence of:
- Failures caused by computer viruses, Dos or DDoS attacks, unauthorized intrusion into computer systems, and any other circumstance that can be classified as a computer crime.
- Fortuitous event or force majeure.
- Acts of cyber terrorism according to the scope given to the definition by the U.N.
- Criminal acts by third parties, such as sabotage, damage to facilities, interruption of telecommunications.
- Government acts, emergencies, natural catastrophes, financial economic crises, war.
- Strike or other union force measures.
- Disadvantages from devices not suitable for the developed application.
- Listing of the IP of the client server in the blacklist of spammers, the client is the one who must ensure the proper use of the service of their respective users and not The Company.
- Scheduled and/or unscheduled maintenance tasks: Occasionally, The Company may temporarily interrupt the application service, or its availability by users, for security reasons, or for restructuring of computer resources, aimed at improving its services. In this case, efforts will be made to ensure that such interruptions affect the CLIENT in a minimal way.
- The client is the one who must carry out all backup tasks as indicated above, if requested we can do it for them, understanding that The Company is not responsible for any loss of information, likewise if requests to migrate sites between servers, both internal to The Company and external, The Company is not responsible for any type of loss or alteration of the Client’s information. This is a task that may have an associated cost and even so, given the variety and nature of the servers, it is impossible to guarantee a correct migration.
- Either party may terminate this service prior notice to the other party, thirty (30) days prior to the date of termination of the last term paid by the customer.
These are the Terms of Service in their entirety. Any change, modification or waiver of any of the provisions of these Terms of Service will not be valid unless expressed in writing and accompanied by the signature of both parties.
The Company prohibits its clients or users from using the email that it provides that affects, in any way, the following stipulations of antispam use. It is expressly clarified that the spirit of this policy consists of specifying prohibited Spamming behaviors, understood as the sending of unsolicited, massive, indiscriminate, illegal emails that affect the rights of third parties (SPAM, UCE).
Policy for the Good Use of Electronic Mail and the service.
- The recipient of a commercial or advertising email must have previously accepted or requested the receipt thereof, being an essential obligation of the sender that the recipient may, at any time, revoke the consent given for the receipt of said commercial communication via email. electronic and, for this, the beneficiary of the publicity must enable simple and free procedures for this purpose, as well as report such procedures.
- The sender of an email must identify their data (name and surname or full business name) for the knowledge of the same by the recipient.
- If promotional offers are made by email, the requirements of current legislation (Consumer Defense Law, Commercial Loyalty, National Lottery, etc.) must be met, as well as the conditions of participation in said promotional offers or raffles.
- The sending by email of all advertising or any type of commercial notice not previously requested by the recipient is prohibited.
- It constitutes an essential obligation when carrying out this type of commercial advertising, mentioned in point 4 above, to identify it in the subject with the legend “ADVERTISING”.
- It is expressly prohibited for any client or user to use the mail server of another site to retransmit mail without the express permission of the site (Relaying).
- All customers or users are notified that it is strictly prohibited to provide services that, directly or indirectly, facilitate the proliferation of spam, this includes mailboxes, software to perform spam, hosting of Web sites to perform SPAM or that carry out SPAM.
- Adaptation to the new policies for the use of emails that The Company notifies at any time, the policies that The Company publishes on its Web Site, as well as current national and international legal provisions and generally accepted uses and customs on the Internet.
- The messages contained in the emails cannot be contrary to the provisions of Public Order, morality, good national and international customs and the uses and customs applicable on the Internet, and respect for the very personal rights of third parties.
- It is strictly prohibited for clients of Hosting or Housing services to carry out conduct contrary to this Policy, or that they themselves are promoted or published through the improper use of emails, or resell or subcontract the Company’s service to third parties that carry out the conduct contrary to this Policy. The client of these services must request written authorization from the Company for each new client to whom it decides to resell or subcontract these services. The Hosting or Housing client provided by The Company will be responsible before it for the conduct carried out by its clients and will be subject to the same procedure indicated in the following point.
- Procedure for improper use of email: The Company will intimate for a single time, validly via email, fax, letter, telephone, etc. to the addresses, e-mail addresses or telephone numbers informed by the client or user at the time of registering for the service provided by the Company, when it detects that a client or user is making improper use of email, directly or indirectly, or becomes aware that said client or user transmits or is connected in any other way with any massive, indiscriminate, annoying and unsolicited email (.Spamming .), in disagreement with this policy of use of email, affecting the rights of third parties and those of The Company, under penalty of suspending the service and terminating the contract if within a period of forty-eight (48) hours, counted from the moment of sending the notice of intimation, said conduct will not be corrected. Exceptionally, for serious or urgent reasons regarding behaviors that affect Public Order, Social Morals, Current Legislation, Uses and Customs of the Internet, or that seriously affect, in any other way, the Company, it may suspend the service. immediately without notice. In no case of termination provided for in this point will any type of compensation be generated by the Company, which may claim from the client or user direct and indirect damages and losses caused by the conduct prohibited in this Policy .
- The use of SPAM sent through servers outside The Company to advertise sites within it, will be considered as internal SPAM and the client or user will abide by the aforementioned procedures.
- Games servers are not allowed in our network, if it is detected that a client uses our services for this purpose, it will be terminated immediately and the client will be eliminated without any claim or compensation for the loss of information or money.
- All dedicated servers refer to their hybrid analog which is a combination of Dedicated Hardware and a dedicated virtualization platform, this has been done to provide the same service at a lower cost.