1. LEGAL CONDITIONS AND ITS ACCEPTANCE
ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS IS ABSOLUTELY INDISPENSABLE TO THE USE OF THE SITE AND ITS SERVICES OFFERED BY IPROSERVER.
The user must read, make sure that he understands and accepts all the conditions established in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated therein by reference, before registering as an IProServer User.
IProServer (hereinafter, “Contractor”) and User (hereinafter, “Contractor”)
1.01 – Modifications to the Terms and Conditions
IProServer may modify, at any time, these General Terms and Conditions, aiming at their improvement and improvement of the services provided, at which time it will notify Users by publishing an updated version on this Site, containing the date of the last modification. Within 5 (five) days from the publication of the modifications, the User must communicate by e-mail accessing the IProServer Portal, agreeing or not with the Policies and Terms and Conditions of IProServer.com.Br. If the contracting party does not accept our IProServer Policy and Terms and Conditions, the contractual relationship will cease to exist. If there is no manifestation within the stipulated period,
The use of the Portal grants the condition of user of the Portal (hereinafter, “User”) and expresses the User’s adherence to all items of the General Conditions, in the version in which it is published at the exact time of use. In this way, the User must read the General Conditions each time he uses the Portal. Access to certain services and contents of the Portal, as well as their use, is subject to specific conditions (hereinafter, the “Special Conditions” ) which, as the case may be, replace, complement and/or modify these General Conditions. The User, therefore, must read the respective Specific Conditions prior to accessing or using these services and contents. This way,
The use of services and contents is also subject to all notices, usage regulations and instructions brought to the attention of the User by IProServer, which complete the provisions of these General Conditions when they do not oppose them. 1.1.2. PURPOSE Through the Portal, IProServer provides Users with access and use of various services and content made available to Users by (a) IProServer and/or (b) third party users of the Portal and/or (c) third party service and content providers (hereinafter, the “Services”).
IProServer reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Portal, as well as to modify or delete, at any time and without prior notice, the Services, the General Conditions, the Conditions Private parties, as well as all notices, regulations and instructions for use. 1.1.3 Use of the Portal The provision of the Portal service by IProServer is free of charge for Users and requires prior registration or registration by the User. However, the use of certain Services will only occur upon registration of the User as a subscriber to the Portal and/or payment of a certain price.
1.1.4 – Ability to register
IProServer’s services are only available to people who have the legal capacity to contract them. Therefore, people who do not enjoy this capacity, including minors, or people who have been temporarily or permanently disabled from IProServer, either because they have not complied with these General Terms and Conditions, or because they have violated the criteria of conduct of IProServer, or committed willful or fraudulent act in the use of the Site or its services.
Legal Entities may register through their legal representative.
2.0 – Registration
Filling in all the registration fields is an indispensable condition for the enjoyment of IProServer’s services. The future User must complete it with exact, precise and true information, assuming the commitment to update the Personal Data whenever there is any change. IProServer reserves the right to use all valid and possible means to identify its users.
IProServer is not responsible for the correction of Personal Data entered by its users. Users guarantee and respond, in any case, for the veracity, accuracy and authenticity of the registered Personal Data.
The candidate for User can be contacted by telephone or by other means, to check the registration data. IProServer reserves the right to request additional data and documents that it deems pertinent in order to verify the Personal Data informed, as well as to disable the User who presents any untrue information or that IProServer is unable to contact for data verification. When canceling the user’s registration, the products and/or offers published by him will be automatically canceled, and the user will not, for this reason, receive any sort of indemnity or compensation.
3.0 General Conditions (Use of the server/services)
IProServer provides shared hosting services. You have a responsibility to protect each customer and provide them with the best possible service. The following guidelines are designed to ensure the quality of our services.
IT IS FORBIDDEN TO THE CONTRACTING PARTY: (the penalty for breaches of the conditions below may result in suspension or termination of the account, WITHOUT ANY REFUND OF PAID AMOUNTS)
a) Transmit or store any information, data or material that violates any federal, state or local law, in your country of origin or in the United States;
b) Make available or store any copyrighted, intellectual property or copyrighted materials, including MP3, MPEG, ROM or ROM emulators, videos, anime, distribution or disclosure of passwords for accessing other people’s programs, defamation of people or businesses, allegations considered dangerous or obscene, protected by state secrecy or other legal status;
c) Promote or provide instructional information about illegal activities that promote or induce physical or moral harm against any group or individual;
d) Make available, use or store any material that exploits in any way children or adolescents under 18 years of age;
e) Make available, use or store any material with grotesque or offensive content to the Web community, which may include, but is not limited to, bigotry, racism, hatred or profanity;
f) Transmit, store or disclose any material related to hacking / cracking or adult material related to pornography and sex related advertising, including links to other sites with such content. The CONTRACTOR will be the sole arbitrator in the assessment of what constitutes a violation of this measure;
g) Send abusively and generally e-mails or send them without request from the recipient(s), from our server. Our servers are monitored 24 hours a day for SMTP usage. In order to fully understand our policy, we characterize as SPAM a single unsolicited advertising or publicity email that is sent to more than 5 addresses at once;
h) Sending abusive and widespread e-mails or sending them without request from the recipient(s), from any other server, external to the L network with the intention of promoting any domain hosted on the servers, or whose e-mail of return belongs to a domain hosted on servers
i) Send more than 1000 emails per day, except for legitimate and requested emails, such as newsletters, registration confirmation, information requests, etc… If the CONTRACTING PARTY does SPAM, the account may be closed by Network Abuse ;
j) Attempt to operate IRC or IRC bots on our servers without advance notice. Any attempt will result in immediate account cancellation;
k) Abuse of Cron tasks. The CONTRACTOR allows the use of Cron tasks on its servers. However, it reserves the right to cancel any task that could compromise the performance of the servers. If the user insists on abusing Cron tasks after being notified, the task will be terminated by Server Abuse.
l) Use programs or scripts that, for any reason, harm the normal functioning of the server or demand excess system resources. In these cases, there will be the IMMEDIATE SUSPENSION OF THE PROVISION OF CONTRACTED SERVICES, REGARDLESS OF NOTICE OR NOTIFICATION;
m) The password is for personal use and is not transferable, the company does not request a password by email or any other type of communication, transfer it to third parties or allow them to use the account, which is for the exclusive use of the CONTRACTING PARTY;
n) Trying, or effectively cracking passwords or hacking the websites, internal or external, other people’s websites, from an IProServer server. In this case, there will be the IMMEDIATE CANCELLATION OF THE PROVISION OF CONTRACTED SERVICES, REGARDLESS OF NOTICE OR NOTIFICATION;
o) Failure to comply with previously established agreements between the CONTRACTING PARTY and its consumers, as well as failing to comply with commitments published on the CONTRACTING PARTY’s website (misleading advertising);
p) Provide the CONTRACTOR with false data through the service request form. This attitude will be punished with the IMMEDIATE SUSPENSION OF THE PROVISION OF CONTRACTED SERVICES, REGARDLESS OF NOTICE OR NOTIFICATION, until its regularization;
q) The CONTRACTOR’s resellers may only accept customers who strictly comply with all these usage policies, and the reseller is responsible for enforcing these clauses by its clients, under penalty of receiving the foreseen punishments, verified the negligence or bad faith of the reseller . Any customer account of a reseller that does not comply with all of these usage policies will be suspended or terminated by the CONTRACTOR, and the reseller will be notified of the reason;
r) Audio/video streaming and online games are prohibited, either in real time or through files (aspx, rm, mpeg, mov, vcd, avi, wma, mp3). Sites that do not comply with the rules may be suspended without prior notice.
4.0 CONTRACTOR’S OBLIGATIONS:
a) ensure the efficiency and effectiveness of the IProServer network, adopting with all users all the necessary measures to avoid damage to its functioning;
c) technical support will be provided via MSN online during business hours, email or ICQ;
d) inform the CONTRACTING PARTY 3 (three) days in advance of the necessary interruptions for technical adjustments or maintenance that require more than 6 (six) hours in duration and that may cause damage to the operation of the hosted site, except in urgent cases, thus understood, one that puts the regular functioning of our network at risk;
5.0 ABOUT ACCOUNT OPENING, UPGRADES AND SERVICE INSTALLATION:
a) all hosting accounts will be activated only when the CONTRACTOR receives proof of initial payment. ;
b) when contracting the services, the CONTRACTOR’s full acceptance of all our usage policies will be registered in the CONTRACTOR’s database;
c) it is not allowed to change the plan initially contracted, before 30 days have elapsed from the subscription of the service;
d) after 30 days from the subscription of the service, the CONTRACTOR will not charge any additional amount to change from one plan to another whenever the CONTRACTING PARTY requests, however, the next charge will be issued in the amount of the updated plan monthly fee;
e) all additional services requested by the CONTRACTING PARTY will only be activated when the CONTRACTOR receives proof of initial payment via email.
6.0 PAYMENT POLICIES:
a) the payment of monthly fees must be made by the CONTRACTING PARTY strictly on the due dates, based on the date of request for the hosting account;
b) failure to comply with the above provisions by the due date will be considered a breach of contract, subjecting the CONTRACTING PARTY to a fine of 2% of the amount due. In the event of a return of a check by the bank, the CONTRACTING PARTY shall reimburse the CONTRACTOR for the “check return” charges in the amount actually spent by it;
c) after 5 (five) days from the expiration date, the provision of services will be interrupted, without exempting the CONTRACTING PARTY from the obligation to comply with the monthly charges, with access, files, information and emails regarding the CONTRACTING PARTY’s account blocked. For the rehabilitation of the service, the CONTRACTING PARTY must pay the amounts due, and wait for bank clearing of payment in our system (24 to 48 hours after payment). ;
d) after 30 days from the expiration date, the CONTRACTOR will delete all data, files or other information that are stored in the CONTRACTOR’s account and in the additional accounts of the CONTRACTING PARTY’s customers. To reactivate the service, the CONTRACTING PARTY must perform a new registration, paying a new setup fee. The CONTRACTOR reserves the right not to accept new debtor customer accounts or return from customers excluded due to default or may condition the return on payment of previous overdue debts before proceeding with the assessment of the new request.
7.0 ABOUT LOGIN AND ACCESS PASSWORD:
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