Conditions of Use
These Terminos and Codiciones de Uso, or TDS (Terms on watch), are a contract between you and Corporation Hosting SSi, C.A (MaxProSystems, SSi, we, or ours). All the clients of MaxProSystems accept to accept these policies. All the clients of MaxProSystems also guarantee that they are at least 18 years of age, and that has the right and the authority to force to themselves, or the company that represent, to the terms of this TDS. This TDS, can from time to time be modified. All the clients of MaxProSystems accept that it will be tie by these modifications. The most recent version of this TDS always can be found here.
Table of Contents
- 1. Services
- 2. Information of Contact
- 3. Terms
- 4. Payments
- 5. Completions
- 6. Cancellations
- 7. Guarantee of Money
- 8. Use of the services
- 9. Licenses and Intellectual Property
- 10. Representatives of MaxProSystems and Garantas
- 11. Its declarations and Guarantees
- 12. Resignations
- 13. Limitation of Responsibility
- 14. Indemnification
- 15. Warnings
- 16. Policy of Maintenance
- 17. Forces Majors
- 18. Election of the law and jurisdiction.
- 19. All the reclamations
- 20. Surrender
- 21. Allocations
- 22. Divisibility
- 23. Survival
- Part B
MaxProSystems provides a series of services to its clients. The services and products provided to you by MaxProSystems, as it settles down in our webpage, are known them as Services. We provide the services on the basis of the description of them in our webpage as of the effective date. In case of changing our webpage after the date of use, we do not have any obligation to modify the Services to reflect that change.
Could be served by third parties. These third parties can have reserved the right to realise changes, including changes of material, to served by them. We will use the commercially reasonable efforts to inform to him into these changes.
Name of Domains
We resell domain names. When soliciing the registry of a domain name, its request transmits an agent ICANN. You are subject to the policies and procedures of registry of name of domain of the agents of the ICANN. Because often there is a period of time between his request of registry and the real registry of the domain name, he is not guaranteed that its name of registry domain will be registered.
MaxProSystems offers a customized service to him in each transference, always we are arranged free of charge to make the transference of its domain, but we needed that the client takes the following indications:
- Domains .ve: We talked about to domains .ve, all the domains that finish in .ve, that is to say: .com .ve, .net .ve, .org .ve etc.
The domain transferences .ve are of form manual, when doing the transferences we we oriented to the client in the steps to follow to complete the transference. This causes that the client is the only person in charge by the transference of the domain.
- Domains gTLD: We talked about to domains gTLD the domains of first level, .com, .org and .net. The transferences of domains gTLD are automatic, but in some cases the old supplier needs to accept this transference, MaxProSystems cannot be made person in charge if the previous supplier, rejects or cancels the transference, is necessary that the client requests the state of the transference until the transference is confirmed to him.
We will deliver all the commercially reasonable attacks to register or to update the domain names. Nevertheless, the circumstances outside our control, such as invoicing problems, can give rise to that its name of domain is not registered, or to have effect. Our responsibility in this case, is limited by paragraph 12 more ahead. Therefore, it is his obligation to make sure that its name of domain is not extinguished.
Private servant (VPS)
Please, cPanel reviews section 2.1.1 in the Licensing agreement of end user (http://cpanel.com/legal-store.html). It has been gotten up specifically in this TDS by reference.
2. Information of Contact
You are forced to provide precise information when forming his account, during the course of our relation, and when she contacts herself with us. Sometimes, it is possible that he must communicate with by email electronic you about the services. You commit yourself to maintain a work email address that is monitored daily. We do not have any responsibility or responsibility by interruptions in the Service, or of damages that can, on the basis of the communications that badly are directed, as a result of its lack to provide updated information to us of contact.
All the potential clients are subject to a verification of payments and the detection of possible frauds. We are not forced by this TDS until these procedures have been completed to our satisfaction.
The Date of use of this TDS will be the day in which we verify the payment of you.
This TDS will begin in the Effective Date and will continue by the term that appears in the page of description of the Services (initial term). After the expiration of the initial term, this TDS will renew per successive periods of equal length (Renovation). If the page that describes the Services does not contain an initial term, the initial term will be of a month.
The invoice is generated 10 days before its date of victory. The date of victory is the day of the month in which it register (date of victory). You are responsible for the rates that appear in the page of description of the services that it has bought, in agreement with the terms established in that page. In addition, certain aspects of the services can be invoiced by third parties that, through us. All these are denominated collectively as honoraria.
Anyone of the parts will be able to give by finished the services by means of a warning in writing to the other more taking 25 days from the expiration of the initial term or term of renovation.
We reserved the right to interrupt this TDS, and to suspend or to cancel the Services: (i) by a violation of anyone of our policies, including the incorporated ones by reference; and/or (II) its lack of payment of the owed amounts. This right of rescission will be understood notwithstanding any other right that we have. You do not have right any type of warning or claim that we must exert in these rights.
To its completion, its account will be closed. We do not have any responsibility to resend an e-mail or other communications, once its account is closed.
One of the parts can give by finished this TDS in case of taking place a material breach, that has not been cured on the other part within the 10 next days to its reception of the written notification of the violation. For the purposes of the definition of a serious violation, the relative importance must be determined from the perspective of a reasonable person of businesses, with an important experience in the business of Internet. Warnings of material violation will have to be sufficiently detailed for the part against which the affirmation of material violation is directed to identify the breach and the attempt to take corrective measures.
You can cancel this Agreement at any time by means of notification to the Bolivarian Republic of settled down in the titled paragraph Completion in writing Only accept cancellations through our form of cancellation in line that is in the client area. It is important to consider that if the order form contains a long term commitment, you will be responsible for all the positions of completion on the basis of his cancellation. The fact that it cancels this Agreement does not exempt to him of the responsibility of these loads. If you have a long term agreement with us, we suggested contacts with us before cancelling to determine which will be their obligations of cancellation.
7. Guarantee of Money
The services of lodging Web (excluding VPS, Domains and Certificates SSL) take a guarantee of unconditional satisfaction of 30 days. In order to cancel the services of lodging and to receive a reimbursement, you must communicate with us within the 30 days as of the effective date of the specific services that wishes to cancel. Only their monthly payments are reimbursable. To form, registry of domains, certificates SSL and other positions a single time are not reimbursable. If it phelp to us with credit card we will credit the card in the file, the payments of Paypal will be given back in line. The payments realised by means of transference, bank deposit and/or check are not reimbursable.
8. Use of the services
The use of the Services is in force by our Policy of Acceptable Use (PRONG) and the policy of privacy that are gotten up in this TDS by reference. In case of divergences between this and the policy of acceptable use, on the one hand, or the policy of privacy, on the other, the policy of privacy or PRONG will prevail.
The terms without limit, Limitless and flat fee are defined by our experience with the clients in similar situation. This means that the use of our resources could not be superior to the one of the clients in similar situation. Examples of main effects for an account that are not allowed include, but they do not limit a:
- Audio-video in real time (different from which is incidental to the operation of a site)
- Galleries of very great photos (+1GB)
- The storage of a great amount of archives so large complete without compressing or digital images
- File server Online (FTP)
- Distribution of great content of audio or video, such as archives MP3 (+1GB)
- The backup copies in line (that is to say, backup copy/laptop, archives, or any thing that directly are not related to the website)
- To exceed the maximum limit on behalf of e-mail (+250MEGABYTE)
You cannot place an excessive load in our processors, servers or other resources, including our services of attention to the client. You understand that the bandwidth, the speed of connection and other similar indices of capacity has maximum numbers. Constantly when they arrive themselves at these maximum numbers, they are possible to be given rise to our necessity to impose restrictions to his use of the Services. You accept that we can put restrictions in his use of the Services or services of attention to the client in the measurement that exceed the use these resources on the part of the clients in similar situation.
You commit yourself to cooperate with us to facilitate the use to him of the Services. This cooperation includes, but they are not limited, that it provides a correct contact and the information to us of invoicing and to assure that you, its employees and/or agents of a technical experience adapted to understand how to implement the services.
You are responsible for all the positions of long associated distance and/or connection with the Services. You are responsible for the honoraria once our services make their available. It is his responsibility to make sure that he can connect itself with us to use the Services.
- MaxProSystems does not allow pornographic material.
- MaxProSystems does not allow asked for e-mails and does not require that the managers of lists opt-in include at least a unique method of cancellation of subscription in each e-mail. We reserved the right to limit the incoming or salient e-mails at any time.
MaxProSystems reserves the right at any time to cancel its account without a reimbursement. The reasons for the completion include, but they do not limit a:
- Abuse of the machines - or intentional or due to an incorrect codification
- To commit or To promote any type of illegal activity including fraud, attacks of mail, denial-of-service attacks, storage and/or lodging and/or entailment to content illegal, including but not limited warez, hacking Generating of keys.
- The Services to illegal obscene game, drug traffic of chance and/or material.
- The Services to take control illegally or to infringe the patents, rights of author, trademarks or other rights of intellectual property of any third party.
- In addition, MaxProSystems reserves the right to cancel its account if at any time its site has pornography and/or naked of any type, including but not limited pornography of adults, Hentai, child pornography, content for adults and/or written with words of sexual nature.
- Use of advertising servers, attempts to elude the system of quotas property of anybody, certain sites of podcasting, use of software torrent, proxies, excessive use of resources or the basic dumping.
- Attempts to elude anyone of our policies, procedures or security systems.
It has read and it accepts the policies described in the Policy of support of MaxProSystems, that is gotten up in this TDS by reference.
9. Licenses and Intellectual Property
MaxProSystems grants a license to him nonexclusive, nontransferable, world-wide, free of exemptions to use the technology provided by MaxProSystems, exclusively to accede and to use the Services. This license finishes in the expiration or completion of this TDS. With the exception of the established rights of license previously, this license does not grant any additional right to him to you. All the rights, titles and interest in the technology of MaxProSystems will remain with MaxProSystems, or of MaxProSystems licenciantes. It is not allowed him to elude any other device destined to protect MaxProSystems, or its graduates, participation in the technology provided to you. In addition, reverse engineer of this technology cannot be realised.
We can provide technical support, execution, in good condition to the client and administrative information for you. This information is not confidential. We can use this information, as well as the added information obtained of the operation of our business generally, to improve or to create new products and services. We are going to be the exclusive owners of this intellectual property. You resign to any right that can in this intellectual property, and to assign all the rights, titles and interests in her for us.
You grant MaxProSystems, and the third parties used by MaxProSystems to provide the services, nonexclusive, nontransferable, world-wide, free a license of exemptions to use, to spread, to transmit his content, the technology and the information provided by you in his webpage and, to the users applicable, (End User), in conjunction with the Services. This license finishes in the expiration or completion of this TDS. All the rights, titles and interest in their technology will remain with you, or their licenciantes.
10. Representatives of MaxProSystems and Garantas
MaxProSystems guarantees that it will carry out the Services in agreement with other companies in similar situation. In order to make a claim of guarantee, you must notify MaxProSystems in writing within the 30 days of the supposed violation of the date of MaxProSystems. Its only resource, and unique MaxProSystems obligation, in the case of a breach of the guarantee is, in MaxProSystems the option, to (i) returns to realise the services; or (II) a credit based on the amount of time will be emitted that the services were not in compliance with this guarantee, remains (pro-rated) by the amount of time that was in conformity. For the purposes of the guarantee of MaxProSystems, the following questions do not constitute services within the definition of companies in similar situation: the operating time, guarantees the time of activity or other articles for which MaxProSystems provides an agreement of level on watch, independent of if a level agreement on watch is, or were, available for the Services.
We reserved the right to reject or to serve to any person. Any material that, in our opinion, is obscene, threatening, illegal, or that violates our terms on watch, can be removed of our servers (or to be deshabilitados), with or without previous warning.
The services provided by third parts have specifically excluded from this guarantee.
11. Its declarations and Guarantees
You declare and guarantee to MaxProSystems that: (i) counts on the experience and the necessary knowledge the use of the Services; (II) to understand and to appreciate the inherent risks to you, their company and its person, that come from the use of the Services, in particular, and to make businesses in Internet generally; (III) that will provide material to us that can be implemented by us to provide the Services without additional effort of our part; and/or (IV) that has sufficient knowledge about the administration, design and operation of the functions facilitated by the Service to take advantage of the same.
THE SERVICES PROVIDE TAL CUAL AND ACCORDING TO AVAILABILITY IT BASES. THAT IT IS NOT WHAT IS INDICATED IN THIS DOCUMENT, MaxProSystems does not have, and no, it gives no guarantee or are express or implicit. THIS EXCLUSION INCLUDES, BUT IT IS NOT LIMITED THE GUARANTEES OF NONVIOLATION, APTITUDE FOR AN AIM IN PARTICULAR, THE GUARANTEES OF COMMERCIALIZATION, AND TITLE. MaxProSystems DOES NOT GUARANTEE THAT the SERVICES will be uninterrupted, frees of errors, FREE INSURANCE OR OF VIRUS or other harmful components. MaxProSystems is not responsible, and specifically it declines any responsibility, BY the CONTENT OF the DATA transferable, of you or stored by you or anyone of his clients by means of served by us. MaxProSystems SPECIFICALLY DENIES ALL THE GUARANTEES WITH RESPECT TO SERVED BY THIRD PARTIES, independent of if those services seem to be provided by the Bolivarian Republic of . Guarantees done by these organizations THIRD PARTIES to the lodging of MaxProSystems will not have to occur to know through you, nor you you will protest to be beneficiary of GUARANTEES OF THIRD PARTIES.
THIS RESIGNATION OF GUARANTEE extends to any oral or written information that it can have received from the company MaxProSystems, his employees, the suppliers of third parties, agents, or affiliates. You will not be able to trust this information.
SOME LAWS DO NOT ALLOW MaxProSystems TO EXCLUDE certain guarantees. IF this is applied you, its guarantee is limited 90 days from the date of use.
13. Limitation of Responsibility
It is his obligation to guarantee the exactitude, integrity, title or property, and the security of everything what receives through Internet. It decides that MaxProSystems has no responsibility, of any type, for the content that you or its clients to the access from Internet.
MaxProSystems offers no guarantee of which the services will be uninterrupted or continuous, that are going to be able to accede to the network of MaxProSystems in a while determined, that the data transmitted by MaxProSystems will be necessary, frees of errors, free of virus and insurances, or inoffensive. You recognize that you are its responsibility to maintain backup copies of its data. MaxProSystems does not become person in charge of any loss of data, for any reason. MaxProSystems is not responsible by the nonauthorized access to, or any corruption, the erasure, robbery, destruction, alteration or inadvertent spreading of, data, information or content, transmitted, received or stored in its network.
IN CASE OF HostingSSI RESPONSIBILITY IT WILL EXCEED the total honoraria that really MaxProSystems BY the PERIOD OF 3 months received immediately previous to the fact cause of this responsibility. For the application of the present section, the term of MaxProSystems will have to be interpreted to include the MaxProSystems employees, AGENTS, proprietors, directors, civil servers, affiliates and THIRD PARTIES of the benefit of services to you through the Bolivarian Republic of .
YOU ACCEPT THAT, IN the MAXIMA MEASUREMENT ALLOWED BY the LAW, YOU in no circumstance, but not limited, negligence, MaxProSystems or its graduates, agents, employees, civil servers and/or third parties suppliers, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENT PERSON IN CHARGE OF ANY OR PUNITIVE one INCLUDING, BUT NOT LIMITED, DAMAGES BY LOSS OF GAINS, saving of costs, income, businesses, DATA OR USE, OR ANY OTHER ECONOMIC LOSS BY YOU, ANYONE OF HIS END USERS Or Any other third part. YOU ACCEPT THAT the LIMITATIONS APPLY OR IN CONTRACT Or any other legal theory and to apply Even if MaxProSystems HAS BEEN NOTICED OF the POSSIBILITY OF THESE DAMAGES. Some jurisdictions do not allow the limitation or exclusion of responsibility by accidental or consequent damages, You accept that in those jurisdictions OUR responsibility will be limited IN the MEASUREMENT OF the LAW.
You accept to compensate, to defend and to maintain inoffensive to MaxProSystems and its matrix, subsidiaries and affiliates, third parties suppliers of services and each of his respective civil servers, directors, employees, shareholders and agents (each compensated part and, collectively, parts compensated ) of and against any and all reclamation, damages, losses, responsibilities, demands, actions, demands, procedures (or legal or administrative), and expenses (including, but not limited, reasonable of honorary lawyers) threatened, they affirmed, or presented by third against anyone of the compensated parts derivatives of or related to (i) the use of the Services (II) any violation on the other hand of anyone of the policies of MaxProSystems; (III) any breach of anyone of its representations, guarantees or agreements including in this TDS; and/or (IV) any act or omission by part hers. The terms of this section will survive the completion in this Agreement. For the purposes of the present section only, the used terms to designate you include you, their clients, the visitors of their website, and the users of their products or services, whose use is facilitated by us.
MaxProSystems will be compensated and exempted of responsibility of, and by his own account it is committed to defend, or in his option to solve any claim, litigation or procedure or threatened against you the measurement on which it is based on the affirmation of which a product or served by MaxProSystems in continuation infringes any patent, right of author, or a brand. This disposition of indemnification specifically limits products or services that are totally property of MaxProSystems. One does not extend to products or served by third parties. If one settles down in his agreements with the suppliers of third parties, MaxProSystems will downwards flow similar dispositions of indemnification of the intellectual property if so. The present section will be conditional to his immediately notifies MaxProSystems in writing of the demand and giving to total MaxProSystems authority, information and attendance for the defense and the resolution of the same. You will have the right to participate in the defense of the claim to his position. If one has taken place this claim, or in SSi de Hosting opinion is probable that it happens, you is committed to allow MaxProSystems, to its election and coast, or a: (i) to obtain so that the right to continue using the product or service; (II) to replace with a product or service, independent of the manufacturer, the accomplishment of the same or similar function that the product or service violator, or to modify the same way that the legal conflicts; or (III) if no of the previous alternatives is feasible, to immediately finish of MaxProSystems obligations (and their rights) under this TDS in relation to this product or service, and, reimbursement the tariff acquired by us during the period in which the Services were not available.
The notifications will be sent to the direction that you provide to us. It is his obligation to guarantee that we have the most recent direction for you.
Please, it consults our webpage, https://www.maxprosystems.com, for information of contact for the majority of the problems, including the technical support and of invoicing. Warnings regarding this TDS and other policies of MaxProSystems must be sent a in writing:
Corporation Hosting SSi, C.A
11040 MRW DOOR MARAVEN
16. Policy of Maintenance
MaxProSystems offers a guarantee of operativity of 99.9%. This guarantee excludes the programmed periods of maintenance as it is described in our Policy of Maintenance.
17. Forces Majors
With the exception of the obligation to pay the owed money and owed, no of the parts will be responsible for any delay or failure in the yield due to events outside the reasonable control of the rebellious part, including, without limitation acts of God, labor interruptions of bandwidth, earthquakes, conflicts, shortage of construction equipments, disturbances, wars, fires, epidemics, or delays of companies of public transport or other circumstances outside its reasonable control. The obligations and rights of the excused part will be extended, for the day to day during the period of equal time to the period of the just delay. The part affected by such occurrence will notify to the other part as soon as it is possible, but in no case inferior to ten days from the beginning of the event.
18. Election of the law and jurisdiction.
The validity, interpretation and execution of this TDS, and the agreements and the policies that are applied to the Services, will be controlled and interpreted under the laws of the Bolivarian Republic of . The user accepts that the jurisdiction and competition are own in the located state courts in . The parts resign specifically to the Convention of the United Nations on contracts for the international sale of merchandise.
19. All the reclamations
All the reclamations that you present against us must be solved in agreement with this TDS. Without limiting the previous phrase, this includes the demands based on the interruptions of the service that are covered specifically by our SLA. All the made complaints will be considered or that are indicated in opposition to the present Conditions to be presented of incorrect way and a violation of this TDS. If you make a complaint against this TDS, we can reclaim the honoraria of lawyers and coasts. The honoraria of the lawyer include those that are perceived internally by ours, or virtual interns, lawyers.
The surrender to the rights by virtue of the present TDS, or any policy of MaxProSystems, or an agreement between you and SSi Hosting will constitute a later resignation of this or any other right under this TDS.
This TDS could be yielded by MaxProSystems. It could not be yielded by you. This will force to TDS and will result to the benefit of the successors and corporative assignees authorized of the parts.
In case some of the terms of this TDS becomes or it is declared that he is illegal or inapplicable by any court of competent jurisdiction, this term (s) will be null and without effect and it will be considered eliminated of this TDS. All the remaining terms in this Agreement will remain vigor and effect in the heat of.
Sections 11, 12, 13, 14, 15, 18, 19, 22 and 23 will survive the completion in this Agreement.
We are going to provide, without cost some for you, a main direction IP by defect, that will be subject in return at any time. You can use this one way street in association with the services, cannot be transferred.
You will not have any physical access to the virtual private servant.