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Using our services you agree to the following Iguanahosting.com is a Venezuelan enterprise that offers web hosting to clients in the whole world, and takes the responsibility of protecting each one offering the best available services. All the COSTUMERS of Iguanahosting.com have to agree the following service conditions:
Satisfaction policy:
You agree to use all the services of Iguanahosting.com under your responsibility. Iguanahosting.com formally quits to all commercialization warranty for a particular purpose. In any case Iguanahosintg.com will be responsible of any data lost or any other commercial damage, including, but not limited, special or secondary damage or any other type of lost.
The COSTUMER accepts that he should defend, indemnify, save and keep Iguanahosting.com from any demand, responsibilities, lost, costs and claims, including; expenses of lawyers against Iguanahosting.com, their clients, functionaries and employees; that could result of any provided service, done or agreed to offer any product sold by the client, employees or assigned people.
The COSTUMER accepts to defend, indemnify and maintain save Iguanahosting.com against the responsibilities derives from: any damage to people or properties caused by any sold or distributed product in connection with Iguanahosting.com server.
Invoices:
Iguanahosting.com bills monthly, quarterly and annually, depending on the plan. If the COSTUMER is not satisfied with the service the first 30 days, Iguanahosting.com gives the complete refund (for some special offers the money devolution day will be varied and the register tariff of domain names is not refundable). We accept Visa, Master Card, American Express and Debit. For the web hosting plans the account will be set up without any payment. There are not contract periods, but it is automatically renewed after each period, unless you notify the opposite.
Delay payments:
All the accounts are billed according to the dates that were active the first time. If the COSTUMER does not pay the renewal of the service 5 days after been expired, his account will be suspended. If the COSTUMER is not going to pay the renewal 30 days after the deactivation, his account will be cancelled. You will receive a reminder by email 5 days before the service expires until the deactivation.
Promotions:
Information collection: The first thing to do to access Iguanahosting.com promotions is to provide some information ("Personal Information") complete and accurate. We solicit, collect and store the following personal information: name, number or valid identification document, physical contact information (such as home telephone number, e-mail, etc.). Iguanahosting.com can confirm the personal data supplied by going to public entities, specialized companies or credit bureaus, for which we are expressly authorize. The information obtained from these entities will be treated confidentially.
Use of Information: To provide an excellent service and to enable users to perform operations in an agile and secure form, Iguanahosting.com requires some personal information, including e-mail. The collection of information allows us to provide users with services and features that best suit their needs and tailor our services to make your experience as comfortable as possible. The Personal Information we collect is needed to:
-Helping to direct contact in the opportunity that corresponds to the mode of purchase. In this case, stakeholders will be provided personal information (name, phone, location and email) through email or through the site. The information known by the seller and may only be used for the purposes of concluding the transaction originated in Iguanahosting.com and should not be used for advertising or promotional or other activities not related to the company unless express permission of the user.
-Develop internal studies on the interests, behaviors and demographics of users to understand better your needs and interests and provide better services or provide related information.
-To improve our marketing and promotional initiatives and analyze the visited pages, searches performed by users to improve our content offerings and articles, customize such content, presentation and service.
-Send information or e-mail messages about new services, display advertising or promotions, banners of interest to Iguanahosting.com′s users. If clients prefer, they can request to be excluded from the lists to send promotional or advertising information.
-Winners of promotions and / or contests conducted by Iguanahosting.com expressly authorized to publicize their names, personal data and images and their families, the media and the ways they deem appropriate for publicity purposes and / or promotional no right to compensation.
Confidentiality of information: Once registered on the website, Iguanahosting.com won′t sell, rent or share personal information except to the procedures established in these policies. The user consents expressly to transfer all or part Iguanahosting.com Personal Information to any of the subsidiaries, controlling and / or linked to Iguanahosting.com, in any form and at the time, manner and conditions it deems appropriate. We will do everything in our power to protect the privacy of information. It may happen that under court orders, or legal regulations, we see compelled to disclose information to the authorities or third parties under certain circumstances, or in cases where third parties can intercept or access certain information or data in which case Iguanahosting.com won′t be responsible for the information disclosed.
I. General conditions
1. Object, modifications and provisions:
1.1. The present general conditions, together with the particular conditions, the provisions descriptions and the tariff lists, that on each case are established, will regulate the provision by Iguanahosting.com of: the hosting web services, domain names registration, servers, email services, applications and informatics tools, as well as other services that in the future could be offered to the COSTUMER for the exchange of the correspondent remuneration.
1.2. Iguanahosintg.com could be able to modify the content of the present agreement with COSTUMER acceptation. That will be considered always that the COSTUMER does not reject it after 4 weeks of the notification change reception. Iguanahosting will facilitate to the COSTUMER the consequences of the no opposition of the modifying information.
1.3. The present general conditions will prevail over any general condition that the COSTUMER could allege, unless there was a written pact where Iguanahosting accept it.
1.4. The present general conditions will also apply to further negotiations that could occur between the parts.
II. Rights and Obligations of the parts:
a) CUSTOMER
2.1. The COSTUMER will have the right to use the contracted service or services upon the general and particular conditions that in each case are agreed.
2.2. Has to use the service or services contracted upon the contracted conditions between the parts, to the actual law and the good faith.
2.3. Has to satisfy the remuneration agreed for each service or services in terms and forms listed in the particular conditions and prices list.
2.4. The COSTUMER has to facilitate to Iguanahosting.com his right and complete data. It is obligated to inform Iguanahosting.com immediately about any modification of the data and to confirm again to Iguanahosting.com in a due date no more than 15 days since the modification date. Unless that in the particular conditions are agreed other terms, the following data have to be facilitated:
Full name, I.D/RIF, address, email address, phone number, service owner, payment data (credit card, debit card, bank account) and the owner of the payment data. If the COSTUMER is a legal person, his legal form will be requested as well.
2.5. The CUSTOMER has full responsibility for the content of your website, the information transmitted and stored, its holdings in the hypertext links of third-party claims and legal actions that can trigger. In the end, the CUSTOMER is responsible for laws and regulations and rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, and universal principles of Internet use.
2.6 It is prohibited the usage of hosting plans in an opposite way of the good faith and in particular, but not limited to:
- The usage that is contrary to Venezuelan law or infringes the rights of third person.
- The publication or transmission of any content, that according to Iguanahosting.com turned violent, obscene, abusive, illegal, xenophobic, defamatory or inappropriate.
- The cracks, software serial numbers or any other content that violates intellectual property rights of third person.
- The use of the mail server and / or their email addresses for spam, mail bombing, phishing, escrow fraud, 419 scam, pharming, virus spread (Trojans, worms, etc.), or any other type of activity conducted in a spirit saboteur, fraudulent or criminal. Iguanahosting.com advised the CUSTOMER that your outgoing emails are automatically filtered by Iguanahosting.com to detect such activities.
2.7 The web space offered could only be used for web content and applications. In this sense it is not allowed to back up, commonly known as "data backup - or data storage if they are not directly related to the contents and applications of that web site, unless dedicated solutions which could be used with freedom space drive.
2.8 In case of infringement of any of the obligations contained in points 2.4, 2.5, 2.6
2.9 Iguanahosting.com will have the right to terminate the contract with the COSTUMER without the right of any claim. Iguanahosting.com has the right to interrupt providing the service with a written notification 48 hours before, which also could be made through email.
2.10 Iguanahosting.com guarantee to provide the service or services contracted in the way there were agreed in these general conditions and as set in the special conditions.
2.10. The CUSTOMER has no right to demand that the assigned server has the same IP address for the entire term of the contract.
2.11 For each Internet domain of the CUSTOMER only could be applied one tariff of Iguanahosting.com.
2.12 Except other opposite agreed, every client has a quota of "CPU Cycles" that is a top portion of critical server resources (RAM and CPU) if your domain (s) generates more than the contracted amount, we will migrate your (s) domains to a superior solution, with a previous 48 hours written notice, as reference 1000 CPU cycles are approximately equivalent to the consumption of a website with 1000 hits per month.
2.13 The CUSTOMER will choose a determinate tariff when he makes the request. If it is not agreed anything contrary is not possible the combination of different offers.
2.14 Iguanahosting.com could limit, temporary break or even permanently close the access to their benefits when is needed the security of network service, maintenance of network integrity and, especially, to avoid network disruptions, Software or saved data. These interruptions will be communicated previously to the CUSTOMER through www.iguanahosting.com or by email. The previous obligation shall not be required to Iguanahosting.com in cases of majeure force or if there is a drop in data network that provides the basis for the provision of the will and beyond his control.
2.15. Iguanahosting.com is not responsible for:
a) The content of the space given to the user for the service.
b) The potential damage to equipment due to the incorrect use of them (responsibility of the COSTUMER)
c) Los daños debidos a una infección por virus de sus equipos.
d) The errors caused by access providers.
e) Any illegal interference by a third party.
f) Of the defective configuration by the customer.
2.16. Of the defective configuration by the customer.
2.17. Iguanahosting.com will freely choose the technical way that could be related to technology and / or infrastructure, in order to facilitate the provision of services.
2.18. Iguanahosting.com will not be responsible for damages of any nature caused to another person or to the CUSTOMER as a result of improper or illegal use of services by the CUSTOMER.
2.19. Any claim by the CUSTOMER to Iguanahosting.com must be submitted within a period not exceeding two weeks from the time the customer has been informed of the defects and disruption of the representation objects. The communication should be written, it could also be done by email if the customer adds to the claim your full name, ID / RIF, address, e-mail, telephone and the owner of the service, and provides the electronic document an electronic signature, in accordance with current regulations. The claim is excluded from defects and interruptions not showed on time.
The complaint should be directed to the following website: qos [en] iguanahosting.com
After notifying to Iguanahosting the defects and breakdowns, objects of the claim, the CUSTOMER will give Iguanahosting.com 20 days to restore the proper functioning of the service. During this period, the CUSTOMER may not execute any action against Iguanahosting.com or terminate the contract because of such defects and disruptions.
Iguanahosting.com will only respond for damage resulting from the breach of a contractual obligation (cardinal obligations) by Iguanahosting.com or of one of the people that Iguanahosting.com serves for the fulfill of the obligations, jeopardizing the contractual object, or those damages caused by an intentional or grossly reckless behavior of Iguanahosting.com or one of the people that Iguanahosting.com serves to fulfill its obligations. If the offense guilty of a major contractual obligation (cardinal obligation) does not occur in a severely reckless or intentional way, Iguanahosting.com responsibility is limited to the amount of damage that was reasonably probable to Iguanahosting.com when the contract was approved.
This does not alter the responsibility of Iguanahosting.com by the promise of certain features of their products, and personal injury as well as the resulted from the mandatory legal provisions.
In all other cases where, pursuant to the relevant contractual terms or by law the responsibility will be given to Iguanahosting.com, unless an opposite mandatory legal provision to, the quantification of that responsibility will be limited to the relevant part of the consideration paid by the customer.
3. Licensing, Intellectual Property:
Iguanahosting.com owns all copyrights, trademarks, intellectual property rights and few other rights related to the services contracted by the COSTUMER as well as computer programs necessary for its implementation and the information it obtains about the same.
The COSTUMER must respect the use of third party programs available by Iguanahosting.com even dough they are free, Iguanahosting.com has the necessary exploitation rights.
The COSTUMER under this contract, does not acquire absolutely any rights or licenses in connection with the services provided, of the computer programs required for the provision of a service or of technical information tracking service, except the rights and licenses necessary for the fulfillment of this contract and only for the duration of it.
The COSTUMER engages to ensure that any person user of the program respects the license agreement. The COSTUMER could only use the programs on a computer simultaneously. Its considered that there is an "use" of the programs when they are in the main memory or a file through a computer. A program will not be considered used that its only installed on a network server for the purposes of marketing software.
To use the software provided by Iguanahosting.com for a product without additional consideration, the CUSTOMER must activate it using a license code provided by Iguanahosting.com. The license code is valid for six months, after that, it will no longer be a possible activation.
4. Tariff and payment:
4.1. The tariffs included in the tariff schedules are permanent. The tariff depends on the choice of the agreed tariff, contained in the corresponding conditions. If rates had been agreed regardless of use, Iguanahosting.com could establish a prepayment system. The rates that are related to the use or consumption will be billed after having had the benefit.
4.2. Iguanahosting.com could increase the amount of tariffs not more than once per calendar quarter with four weeks notice before the end of the quarter. For the validity of the increase will require the consent of the COSTUMER which shall be deemed granted if the COSTUMER fails to declare his disagreement with that increase, within four weeks written notice, sent by email acounting [en] iguanahosting. Com. If you do not declare your dissatisfaction, you will alternate the right to terminate the contract during the same period, the contact will continue with the new rates without the possibility of termination by the customer.
4.3. All prices, costs and tariffs referred to in these general conditions and / or individuals include VAT, under applicable law at the time.
4.4 If there is a change in the taxation of the services agreed, Iguanahosting.com could adjust their prices accordingly.
4.5. All invoices will be sent to the customer under his express request and cover shipping costs.
4.6. Depending on the service, and the payment method provided by Iguanahosting.com, payment of invoices will be domiciled in the bank account specified by the customer or will be charged to the credit card number provided by the customer. The CUSTOMER expressly authorizes Iguanahosting.com to perform this debit card or charge to bills throughout the duration of the contractual relationship.
4.7. I case of not paying the invoice, the CUSTOMER shall bear the costs of all demands for payment and the cost of returning the bank receipt and all other expenses payable to that reason attributable to CUSTOMER, including fees and expenses of Iguanahosting.com lawyers.
4.8 Iguanahosting.com reserves the right to suspend services for any incident experienced in the collection of the service and / or non-payment. If the CUSTOMER does not act to stabilize the payments within 20 calendar days, Iguanahosting could terminate immediately and absolutely the Service, terminate the contract with the Client by default.
5. Offer, formalization and extension of the contract::
5.1. After the phone call or sending an application by the CLIENT, Iguanahosting.com could accept the contract request within 14 days.
5.2. Unless there is not an opposite agreed, the contract has unlimited period of time.
5.3. If the contract was signed for a certain period or had agreed with the client a minimum period of validity, it will be extended in each case by the agreed time or the minimum period, but not exceeding one year, if not resign with a period of four weeks before the agreed time or completion of minimum. That will be applied, unless there is a opposite pact contented on the special conditions.
6. Termination of the contract:
6.1. The contract could be terminated by mutual agreement of the parties.
6.2. Iguanahosting.com could terminate the contract remaining to be fulfilled when a validity period of up to 6 months with one months notice, when the left period is b 6 and 12 months, the notice shall be for two months and during periods longer by three months notice.
Contractual relations between Iguanahosting.com and the COSTUMER that does not have a fixed term, could be terminated by either party at any time without any justification. Such termination will be effective on the last day of the following month after notifying of termination to the other party.
6.3. CAny decision requires for its effectiveness to be written, it will also be fulfilled by fax communication.
6.4. . If the CUSTOMER requests additional services to the contract, it will be valid for the same period originally agreed in the contract. Additional features can be, according to specified regulations of resignation, surrendered separately, otherwise continuing the term of the contract.
7. Protection of Personal Data:
7.1 As the provided in current regulations about the protection of personal data, Iguanahosting.com informs the CUSTOMER the existence of computerized files of personal data, that Iguanahosting.com is responsible for.
7.2 Iguanahosting.com expressly advised the CUSTOMER that the current state of development of the technique does not guarantee full protection of data in data transmissions in open networks like the Internet. The CLIENT is aware that, for technical reasons, the supplier has access at all times to recorded message on the network server and also of other customer data stored there. Other Internet users also could be in a technique disposition to interfere in an unauthorized manner in the network security, controlling the traffic messages. The CUSTOMER will be fully responsible for the security of the data he has communicated to the Internet and saved on network servers.
7.3 The CUSTOMER consents Iguanahosting.com so you can process your data in order to give better service. The CUSTOMER could at any time exercise their rights of access, rectification, cancellation and opposition, respecting to such data by writing an email to acounting [en] iguanahosting.com.
8. Right of withdrawal:
8.1. When the CUSTOMER is a consumer and the contract is concluded without the simultaneous physical presence of the CUSTOMER and Iguanahosting.com (distance selling), the CUSTOMER shall have the right of withdrawal described in this section.
8.2. . The CUSTOMER shall have a maximum period of fourteen days to withdraw from the contract by written statement sent by fax, post or email without penalty and without giving reasons. The period for exercising the right of withdrawal begins to run from the date of the contract.
8.3. The COSTUMER could exercise the right of withdrawal by sending a letter with the data referred to in clause 2.4 and service-related data (customer ID number / s of contract / s), to the address acounting@iguanahosting.com.
8.4. The right of cancellation by the COSTUMER will disappear if Iguanahosting.com, with the express consent of the CLIENT or his initiative, has already begun with the contracted services before the expiry of the deadline for withdrawal. The customer has no right to withdraw if Iguanahosting.com processed goods supplied according to the customer specifications or that are clearly designed according to your needs or if the CUSTOMER has ordered it to provide a service before the expiration withdrawal (eg, immediate registration of a domain client's wishes). The COSTUMER has not the right to withdraw if Iguanahosting.com provides you software on a data carrier and the COSTUMER the seal.
9. Warranty period:
Iguanahosting.com grants to the CUSTOMER a warranty period of 30 days from the date of registration of the service, in case of not being satisfied with the offer of Iguanahosting.com you could terminate the contract in that period of time, giving you back the paid basic rate. The amount returned to the COSTUMER does not include additional expenses such as those incurred in connection with domain names or optional services purchased by CUSTOMER.
This will require a written and signed note by the CLIENT, sent to the e-mail: acounting[en]iguanahosting.com, where you explicitly refer to the exercise of the warranty. In any case, this statement must be received by Iguanahosting.com within 30 days indicated.
Each COSTUMER could only make use of this power once, in spite of how many services you have contracted to Iguanahosting.com.
This warranty is granted only for services / contracts of indefinite duration. At the same time, it could not be applicable in any case for contracted services through promotional offers. To access the Refund Guarantee, the CUSTOMER must request the service without having the choice of promotion during the registration process.
The warranty period shall not apply to dedicated servers services, cloud servers, virtual dedicated servers, dedicated servers or elastic.
10. Applicable law and jurisdiction:
10.1. The provided in this contract and in the interpretation and resolution of conflicts that may arise between the parties, will be in application of Venezuelan law.
10.2. The parties, with expressly waive to any privilege, according to the law could apply, are subjected to the final resolution of all disputes arising from the contractual relationship to the courts or tribunals of Venezuela.
11. Various:
If case of one or more of the stipulations of the contract resulted invalid, this shall not affect the validity of the rest.
II. Particular Conditions
1. Domain Registration
1.1 The various Top-Level-Domains are administered by many different organizations, mostly nationals. Each of these organizations has established domain allocation different conditions for the registration and administration of the Top-Level-Domains, of their respective Sub-Level Domains and how to proceed in cases of disputes over domain.
1.2 In the creation and / or maintenance of domains Iguanahosting.com will interfere in the relationship between the client and the organization concerned to grant the domain, as an intermediary. Iguanahosting.com has no influence in the granting of domains. Iguanahosting.com assumes no guarantee that the domains requested by the client actually be conceded and / or that domains conceded have free rights in favor of thirds or have long-term continuity.
2. Domain rights, litigation
2.1 The COSTUMER warrants that the domain requested does not break rights of third parties.
2.2 The COSTUMER is obliged to immediately notify Iguanahosting.com the possible loss of your domain. If CUSTOMERS plan to recover their domain by a third party, is obliged to inform Iguanahosting.com immediately about initiation of negotiations with the third, answer Iguanahosting.com queries on the status of negotiations with the third and give to Iguanahosting.com the preferential right of recovery for the COSTUMER, in the cases and to the extent that this does not prejudice the interests of the CUSTOMER.
2.3 While the COSTUMER itself has not yet provided any content to the domain, Iguanahosting.com could be free to enter their own content, such as advertising of Iguanahosting.com or of third parties.
3. About Unlimited Width Resources and acceptable use of resources
3.1 Each server is equipped with wide bandwidth, RAM, processing power and disk space to function properly, however some resources are shared, depending on the plan, to other users according to the service contract in order to maintain competitive rates, for this reason the use of these resources is ruled by our terms of acceptable use.
3.2 It is considered acceptable the following consumption per server per port transfer:
- 10Mbits port - 300 GB of traffic
- 100Mbits port - 3,000 GB of traffic
3.3 The consumption of resources in shared hosting is governed by rules of coexistence that vary according to the contracted service, and seek to ensure the stability of the service for the server users, we define the following limits, where only count the processes generated by the user:
- Linux Light: 1,000 Hertz = 1MHz CPU / 64 MB of RAM
- Unlimited Linux: 5,000 HERTZ = 5MHz CPU / 128 MB of RAM
- Linux Cloud: 120,000 HERTZ = 120MHz CPU / 256 MB of RAM
- Cloud Linux Pro: 240,000 HERTZ = 240MHZ CPU / 512 MB of RAM
3.4 Those CUSTOMERS who require greater resources must hire a service according to their needs; the non-compliance of our policy of coexistence is grounded with termination of service contract. |