The subscribed ones, LATAM DOMINIONS SAS, legally constituted under the laws of the Rep? blica of Colombia, with main address in the city of Envigado, on the one hand, that in future to denominate itself? LATAM DOMINIONS SAS and of another part the CLIENT, we have agreed to celebrate the present contract, which to be in force? in observance of the general principles of contrataci? n, by the applicable legal norms and in particular by the following considerations and the CL? usulas and norms contained in this document:
DEFINITIONS: For effects of the present contract they are defined to continuaci? n the following concepts:
P? gina Web: is a document electr? nico written in a called language of computer HTML and one recopilaci? n of data in the form of text, audio, image and video, connected among them and who placed in a servant allow the access to the network.
Hosting: Servant in that mail accounts lodge, and p? ginas Web to be able to be published in the network.
Finders: Also known as motors b? squeda. They are extensive data bases that order, using some own algorithms and criteria of each of them, all those Webs enrolled in them. In the process of b? squeda always we used an element that is the calls “key words” or criteria of b? squeda.
Domain: It is a name that is registered in Internet with one extensi? n .com .net .org .info .us example: www.minombre.com < http://www.minombre.com/ >.
Servant: Dedicated computer to lodge contents or applications for administraci? remote n and/or to serve to him to others in a network.
Is LATAM DOMINIONS SAS committed to offer to the CLIENT the service of content lodging HOSTING Web (WEB HOSTING) seg? n the established thing in its P? gina Web. Ace? same the CLIENT accepts and she is committed to respect the following norms:
Can the CLIENT use the space assigned for WEBSITES with commercial, informative or personal content that is compatible with the laws of the Rep? blica of Colombia, his pa? s and of the United States de Norte a.m.? rich.
To present and/or to distribute to obscene and/or illegal material est? final prohibited. In case of violaci? n of this norm, the WEBSITE to be? cancelled and all the content erased without previous warning and right to reimbursement for the CLIENT. Ace? same does the CLIENT commit himself to compensate to LATAM DOMINIONS SAS and their representatives by any reclamation? damage result of the evil use of the WEBSITE.
EXAMPLES OF NONACCEPTABLE CONTENT
Pirater? to fonogr? fica/ready illegal Archives MP3 Software for Spam/of emails Programs or archives for hackers N? mere of series of Software/Cracks/Warez Pornograf? to any class (Allowed? nicamente in adult plans) Hechicer? to/Satanism Servers of Chat Casinos or bets Consumption and/or tr? fico of drugs Terrorism/racism/groups of Contained or material hatred slanderous Content anti-ecol? gico/animal Battering (Bulls, cockfight, etc.) Pornograf? to Infantile
LATAM DOMINIONS SAS to be? ? Nicaraguan organization with authority to decide that violaci constitutes one? n to this norm.
II. TRAFFIC AND ADDITIONAL SPACE
If a WEBSITE exceeds the space and tr? fico assigned, to be? suspended autom? ticamente until the following month unless efect? and the corresponding payment by space or tr? fico additional. Isn't the service of Web hosting that offers to LATAM DOMINIONS SAS appropriate and podr? to be sanctioned with suspensi? n or eliminaci? n of the account for the following types of WEBSITE:
Distribuci? n of Shareware lodged in the servant Sale of Sub-hosting IRC
III. SECURITY OF THE NETWORK AND RESOURCES OF SERVANT
If the WEBSITE gets to use excessive resources of the servant (CPU, memory, etc.) to be? suspended moment? neamente and without previous warning. Soon the CLIENT to be? notified of the fact so that he reduces the load of his WEBSITE. LATAM DOMINIONS SAS and their representatives to be? n? nicos? do rbitros in determining if a Website excessively uses the resources of the servant, due to the nature of the service of Shared Hosting, LATAM DOMINIONS SAS have complete power to cancel the accounts of hosting, servers dedicated or other products of the CLIENT and Users that consume excessive resources at any time, without right to ning? n type of devoluci? n of money and without previous warning to the CLIENT violator.
IV. AVAILABILITY OF DOMINIONS, ADDITIONAL RENOVATIONS, DOMINIONS, REGISTRY OF NEW DOMINIONS AND TRANSFERENCES
Can't LATAM DOMINIONS SAS guarantee the availability of a DOMINION, once contracted and phelp to a domain LATAM DOMINIONS SAS it has 72 H-hours? vile to make delivery of this, nevertheless by the nature of the service and the own negligence of LATAM DOMINIONS SAS can this term be extended up to 7 d? ace h? vile continuous as of the moment of purchase LATAM DOMINIONS SAS have doesn't responsibility some by the availability of the DOMINION of the CLIENT and/or does not give? you and damages caused to this or third parties by the p? rdida of a name of DOMINION in its purchase for the first time or his renovaci? n, in case the DOMINION cannot be registered or be renewed by LATAM DOMINIONS SAS before its suppliers the balance phelp by this product to be? subscriber as balance to favor in the n? mere of contract previously granted by the LATAM system DOMINIONS SAS, balance that podr? to be used in the future by the CLIENT to do a purchase or actualizaci? n of another domain or product offered by LATAM DOMINIONS SAS or reimbursed properly to a bank account property of the CLIENT.
There is place to no reimbursement, once opened and phelp an account, by the not-availability of certain DOMINION. Once chosen, registered and activated the DOMINION, not podr? to modify until culminating its period of contract.
Do some plans offered in our Website count on ADDITIONAL DOMINIONS, that they allow him to provide with accomodations several domains in a same plan of Hosting, the CLIENT podr? to make use of this space? Nicaraguan and exclusively for domains with one extensi? n of first level, only the following domains podr? n to be formed as additional domains: .com .net .org .tv .biz .info or .us, the DEM? s extensions to have? n to count on a plan of dedicated Hosting ex: .com .co .org .co .gov .co .net .co .com .mx .com .es ETC.
Do all the domains register at level the International under the name of LATAM DOMINIONS SAS, nevertheless each domain to be? represented by a n? mere of contract that to give? all the legal rights on the name of the domain to the holder of the contracted account, the CLIENT tendr? control DNS and transference of domain but not podr? to change informaci? n of the registrante and/or administrative.
Once the CLIENT has contracted a service of Hosting for a determined domain? ste not podr? to ask for change or modificaci? does n of the domain on the contracted account, in case of soliciing to transfer its domain towards another supplier have to be notified 30 d? ace before the date of victory of the contract, if the state of the contract waits for renovaci? n the domain not podr? to be transferred.
For reasons of security, control and to avoid misfortunes and p? rdida of domains, the liberations of domain for transference only podr? n to be realised if the domain is with 30 d? ace before the date of its victory, also if a domain is renewed? ste not podr? to transfer itself to another operator until 60 pasts d? ace calendar as of the renewed date of.
V. TECHNICAL SUPPORT
Support t? cnico to be? available? nicamente v? to table of support in line to trav? s of Internet by means of our system of TICKETS the 24 the 365 hours d? ace of a? or, and by means of the PAYMENT PER HOURS OF SUPPORT sometimes to trav? s of the service of tel? phono in labor schedule, with response times of 24 to 72 H-hours? vile (it doesn't apply for aims of week or d? ace festive) or even times superiors in case equipment t? cnico ace? it requires it and it is limited the problems directly related to the connectivity of the servant, HTTP, FTP and services of the mail electr? nico. Doesn't LATAM DOMINIONS SAS offer support t? cnico in subjects related to transferences of domains to External Suppliers, in configuraci? n, soluci? n of problems of applications of third parties, such as: Configuraci? n of External Programs of Electr Mail? nico as Outlook or other that do not belong to the contracted service, Accounts of E-mail, Additional, Ready Domains of Email, Data bases of MySQL, Programaci? n PHP, Perl? gora, or of any other Language of Programaci? n, Interchange, Oscommerce, Scripts Pre-installed or Scripts de Terceros, etc nor all that with assembly or configuraci? n of website, the CLIENT to be? the one in charge to administer to its Website and applications installed and/or developed and to be? ? nico responsible by informaci? n that all? it is stored, as much in his internal configurations as in the continuity of his Installed Applications, LATAM DOMINIONS SAS not tendr? no responsibility referring to the p? rdida partial or total of the configurations realised in the applications or informaci? n of the CLIENT, the CLIENT to have? to count on its own Webmaster to solve problems related to the Website, LATAM DOMINIONS SAS to offer either? support on any Application that not est? Developed by the Compa? ia.
The CLIENT to have? to accept all the procedures t? cnicos to solve the problems that appear to him in compa? to a LATAM representative DOMINIONS SAS and to have? to always act by virtue of the principle of the good commercial faith.
I SAW. SPAM, POST OFFICE WITHOUT AUTHENTICATION FROM THE WEBPAGE, MAIL ELECTR? NICO NOT SOLICITD OR READY OF POST OFFICE AND PHISHING (VER SERVICIO DISPONIBLE BOLETTIN)
It is final prohibited to use the network and servers of LATAM DOMINIONS SAS to transmit mail electr? nico not asked for (SPAM) or env? or of massive and/or similar bulletins (or more than 70 post office by square of e-mail per hour), the CLIENT must contract a service of Bulletins in case of requiring it. The domain of the CLIENT not podr? to be origin, intermediary or direcci? n of answer of this type mail electr? nico. Violaci? n of this norm to be? in cancelaci? definitive n of the account of the CLIENT violator without right to reclamation or reimbursement of money and the content of the WEBSITE to be? totally erased without previous warning, does the CLIENT commit himself To compensate to LATAM legal DOMINIONS SAS by demands, sanctions and all the aspects that are by this type of use, LATAM DOMINIONS SAS to be? ? Nicaraguan organization with authority to decide that violaci constitutes one? n to this norm.
For reasons of security all do our servers come protégés with measures from car control as he is it env? or of mail using does user NOBODY or MAIL of PHP, the user have to create in his applications a service of autenticaci? n before sending any mail using an account of mail registered in its Hosting, any mail that is sent using opci? n MAIL without previously authenticating to be? eliminated by the servers immediately, does the CLIENT have to make the adjustments corresponding to his aplicativos to do env? or of this type of post office.
PHISHING, PRIVACY AND PROTECTION OF BRANDS, COMPA? IAS AND NAMES
Does phishing consist of env? or of post office electr? nicos or falsificaci? n of a p? gina Web that, pretending to come from trustworthy sources (for example, banks), tries to collect confidential data of the user. For it, usually they include a connection that, to the pressed being, takes to p? ginas Web falsified. This way, does the user, believing to be in a site of all confidence, introduce informaci? asked for n that, in fact, is going to stop at the hands of the swindler.
Any attempt on the part of the CLIENT, can any Web similar or seemed to other than take to swindles and/or falsificaci? n of names of people or companies at world-wide level to be? in cancelaci? definitive n of the account of the CLIENT violator without right to reclamation or reimbursement of money and the content of the WEBSITE to be? totally erased without previous warning, does the CLIENT commit himself To compensate to LATAM legal DOMINIONS SAS by demands, sanctions and all the aspects that are by this type of use, LATAM DOMINIONS SAS to be? ? Nicaraguan organization with authority to decide that violaci constitutes one? n to this norm. The CLIENT to be? ? nico responsible by demands and all legal aspect that are originated to store this type of contents in its space of HOSTING, the CLIENT tendr? does all the responsibility to respond before organizations of security or other than ask for referring to the veracity and security of its data and stored archives, LATAM DOMINIONS SAS not tendr? no legal responsibility when receiving reclamaci? n some.
VII. CONTINUITY OF THE SERVICE, RESPONSIBILITIES AND TRM
LATAM DOMINIONS SAS mantendr? in accordance with the possible thing, an availability of the service in a calculated 98% on the basis of a Rep? odo annual. Nevertheless, due to the nature of the provided service, one interrupci? n podr? at any time to happen for many reasons more all? of the LATAM negligence DOMINIONS SAS, all the processes that are necessary to improve the quality of the service to have? n to accept itself on the part of the CLIENT including suspensi? n of the temporary service in case of requiring and/or interrupci? n nonprogrammed of the service with aims t? cnicos, does the CLIENT know and accepts that the continuity of the service depends on reach t? does cnico of LATAM DOMINIONS SAS and the magnitude of possible give? you in the servers.
It gives them? you and damages that are the result of any interrupci? is n on watch too much dif? ciles to determine. LATAM DOMINIONS SAS not to be? does person in charge by any give? or, demand and/or damage that happen directly by these causes to the CLIENT or third parties. Obligaci? can't LATAM n DOMINIONS SAS for its own negligence exceed an amount in any case equivalent to the pagables positions to a month, that are obtained from the period contracted between the n? mere of months of this period (Semester or Annual) by the CLIENT on the contracted product (Domains, Hosting, Software, Solutions).
Doesn't LATAM DOMINIONS SAS use the TRM (Representative Rate of the Market) as a value for the conversion in our effective tariffs in all our products and services, in all the cases the value that will be used for the conversion of our tariffs from the currency AMERICAN DOLLAR USD will be of the OFFICIAL TRM OF the D? The PAYMENT, the CLIENT knows that LATAM DOMINIONS SAS is not in force to official values in purchase or sale of currencies and handles this tariff fixes modifiable.
Is the CLIENT completely responsible financially by any afectaci? direct or indirect n to LATAM DOMINIONS SAS, their good reputation, its Clients, Third parties of Confidence and Suppliers, in case prestaci? does n of any service to its name affect the availability or stability of the used Platform, or in any other event, does this apply for all the products, including Dedicated Hosting, Domains, Servers, Applications of Software, etc. LATAM DOMINIONS SAS to be? authorized to initiate legal actions towards the CLIENT in case of appearing any eventuality that ace? it deserves it.
VIII. BACKUPS - INTEGRITY OF THE INFORMATION
The integrity of all the informaci? n, data bases and archives that conform the WEBSITE are responsibility of the CLIENT. Doesn't LATAM DOMINIONS SAS count on systems of endorsement of informaci? n (BACKUP) if this previously it is not contracted by the CLIENT, the backup copies of all the data of each account is the responsibility of the CLIENT. Doesn't LATAM DOMINIONS SAS become person in charge by gives them? material you, econ? micos, demands nor of any other type who could undergo the CLIENT before a possible p? rdida total or partial of informaci? n, as additional tool the CLIENT has one opci? can n to make a backup copy in its Control Panel (CPANEL and/or PLESK), additional this the CLIENT contract one soluci? backup copy n (BACKUP) offered by LATAM DOMINIONS SAS.
IX. CONTRASE? TO OF ACCESS TO THE CONTROL PANEL
When creating does an account, the CLIENT receive electr by email? did nico one contrase? a (password) of access to its Control Panel. It is exclusive responsibility of the CLIENT to maintain this contrase? to in a safe place so that people nonauthorized cannot have access to the account. Can the CLIENT modify his contrase? to at any time from its Control Panel. In case of p? can rdida the CLIENT ask for his contrase? to a direcci? support n which to be? shipment to direcci? mail n electr? nico registered with the account. For recuperaci? n of its lost key, LATAM DOMINIONS SAS to receive? the sum of USD $ 10 as administrative collection to resetear the account.
X. RESALE OF THE SPACE
We are zero (0) tolerant ones with the resale of the space in our servers, in case of this to happen its account to be? finished immediately without right ning? n money reimbursement, we allowed the lodging of additional domains but of property of the CLIENT, in case of not accepting this norm est? clear the consequences that can bring to him, for it we checked our each 3 servers d? ace inspecting the good use of them.
There isn't place to reimbursement of money for the CLIENT by ning? n reason, the balance that is reported as devoluci? additional n and/or payments that are received by LATAM DOMINIONS SAS to be? n phelp as balance to favor in the n? mere of contract previously granted by LATAM DOMINIONS SAS, this balance podr? to be used for the purchase, actualizaci? n or renovaci? n of another product offered by LATAM DOMINIONS SAS. The payment of the domains by their nature, is not reimbursable.
XII. UPDATE OF SERVANTS AND ADDITIONAL CONTRACTS AND FACILITIES
Do the LATAM servers DOMINIONS SAS have installed software and lawyer defined for all the accounts of Hosting, the CLIENT to have? to adapt his scripts and programaci? n of applications to the versions available at the moment in each one of the servers, nevertheless the CLIENT podr? to use a right of petici? n to ask for instalaci? n of additional components, equipment t? cnico of LATAM DOMINIONS SAS to review? the viability to realise instalaci? n of the component and in case of being approved to settle? , in case new instalaci? does n affect the behavior of other accounts of the servant and/or causes to disadvantages LATAM DOMINIONS SAS podr? to deny instalaci? n and/or to desinstalar the asked for component.
When a contract is updated to be respected? the main date of contrataci? n (First Contract) and to be sent? nicamente 1 collection to a? or by the total of the product without concerning the date in which actualizaci has taken place? n of the account.
XIII. COMPLETION OF CONTRACT AND POSITIONS BY RECONEXIÓN
This contract to be understood? finished by the following causes: (1) by the breach of anyone of the obligations established within the content in this agreement, ace? as that the nature and essence of the contract are derived from, or due to opposite behaviors to loyalty and good commercial faith; (2) by the victory of the t? rmino stipulated in this contract; (3) by the breach or partial or total lack of the payment on the part of the CLIENT to give? passage to suspensi? n and eliminaci? n of all the informaci? n provided with accomodations in the LATAM servers DOMINIONS SAS. Pair? graph: Understood that is the breach of the emanated obligations in this agreement of wills, by anyone of the parts, to authorize? to the other, to give by finished the present contract without it is necessary notificaci? n or requirement some.
Does LATAM DOMINIONS SAS reserve the right to carry out terminaci? UNILATERAL and IMMEDIATE n of this CONTRACT without previous warning towards the CLIENT if some of the previous norms is failed to fulfill or if its Meeting, Equipment T? cnico, Jur? does dico or Intern decide it for reasons related to evil handling of account or any other cause, without right to the delivery of any type of informaci? n lodged in our Servers on the part of the CLIENT nor Devoluci? n of Money.
Acquiring do any Dedicated Servant, Plan of Hosting, product, domain or service with LATAM DOMINIONS SAS imply aceptaci? n autom? tica and irrevocable of the t? rminos and conditions aqu? established.
The CLIENT will have to pay a unique position by reconexión of USD $ 10 + IVA when she in time does not cancel his renovation of ANY product or service contracted with our Company, in monthly, bimonthly modality, semester, annual or any other modality in which are assets in the Information system of LATAM DOMINIONS SAS, the date payment limit is the one that is registered is its contract until 11:59 p.m. of the same day, if the Client does not realise the payment corresponding to the value of reconexión, LATAM DOMINIONS SAS will be able to immediately annul the contract of the Client and to cancel its effective product affiliation without needing notifying the CLIENT, either no type of lodged information will give itself and in case he has a contracted domain this could be annulled or be cancelled immediately and without previous warning, procedure caused by the lack of payment of the cost of renovation of its product or of the position of reconexión.
SOLUTION OF CONTROVERSIES:
All controversy or difference provoked between the parts by virtue of celebraci? n, ejecuci? n, terminaci? n, interpretaci? n or liquidaci? n of the present contract to try itself? to solve in first instance by means of the mechanism of conciliaci? n, doing use for such effect of the services that in this sense offers the C? gang of Commerce of Aburr? The south. Of not being obtained one soluci? n? ntegra to resort? to the mechanism of the arbitramento, for which to integrate itself? a by arbitration Court, composed of a lawyer, designated of com? n agreement by the parts. Of not to have reached an agreement on designaci? n of? rbitro passed (15) d? ace, counted from the hearing of conciliaci? insolvent n? rbitro to be? designated by the C? gang of Commerce of Aburr? The south. The Court to subject? to the regulation of the C? gang of Commerce of Aburr? The south and decisi? n that there is to hurl to be? in right.
For the legal effects, the contractual address to be? the city of Envigado, and the notifications to be? n received in the following directions: LATAM DOMINIONS SAS
Pair? graph. - Any comunicaci? n or notificaci? n skilled between the parts by virtue of the present contract, to have? to be realised in writing or by means of a message of data, to trav? s of the service of mail certificate, v? to fax, mail electr? nico or gives personnel, and it is understood given to the respective part as it is indicated immediately: (1) mail certificate: the third d? to h? vile despu? s of the date of env? or; (2) v? to fax or mail electr? nico: following the d? to h? vile of completed transmisi? n.
DOCTRINAL THEORY OF THE CLICK BEEN WORTH IN COLOMBIA AND FOR THE OUTSIDE
With the coming of the commerce electr? nico surgi? the teor? to expressed consent v? to click, that is to say that, when one notices the applicant to him who is put under the expressed conditions and this manifest his assent having beaten the key to enter and making click (as is asked for before env? or of the registry form) the client expresses his conformity with the conditions settled down by LATAM DOMINIONS SAS.
The teor? to doctrinal of the click it was ratified in the text of the Law of Electr Commerce? nico of Colombia (law 527 of August of 1999)
Is the law applicable to this contract the Colombian law by virtue of the principle of preservaci? n of the contract.
Him? do and allowed the previous content subscribes in the city of Sabaneta, Colombia.