NORTH AMERICA DOMAINS
The undersigned, NORTH AMERICA DOMAINS, legally constituted under the laws of the Republic of Colombia, with main domicile in the city of Envigado, on the one hand, which hereinafter will be called NORTH AMERICA DOMAINS and on the other hand THE CLIENT, we have agreed to celebrate the This contract, which will be governed in observance of the general principles of contracting, by the applicable legal regulations and in particular by the following considerations and the clauses and regulations contained in this document:
DEFINITIONS: For the purposes of this contract, the following concepts are defined below:
Web page: it is an electronic document written in a computer language called HTML and a collection of data in the form of text, audio, image and video, linked together and placed on a server that allows access to the network.
Hosting: Server where email accounts and web pages are hosted in order to be published on the network.
Search engines: Also known as search engines. They are extensive databases that order, using algorithms and criteria specific to each of them, all those websites registered in them. In the search process we always use an element that is called “keywords" or search criteria.
Domain: It is a name that is registered on the Internet with an extension .com .net .org .info .us example: www.myname.com.
Server: Computer dedicated to hosting content or applications for remote administration and / or serving others on a network.
NORTH AMERICA DOMAINS undertakes to provide THE CLIENT with the hosting service for web content HOSTING (WEB HOSTING) as established on its Website. Likewise, THE CLIENT accepts and agrees to respect the following rules:
THE CLIENT can use the space assigned for WEBSITES with commercial, informative or personal content that is compatible with the laws of the Republic of Colombia, his country and the United States of North America.
Presenting and / or distributing obscene and / or illegal material is strictly prohibited. In case of violation of this rule, the WEBSITE will be canceled and all content deleted without prior notice and without the right to reimbursement for THE CLIENT. Likewise, THE CLIENT agrees to indemnify NORTH AMERICA DOMAINS SAS and its representatives for any claim or damage resulting from the misuse of the WEBSITE.
EXAMPLES OF NON-ACCEPTABLE CONTENT
Pirated Software / Phonographic Piracy / Illegal MP3 Files Spam / Email List Software Hacker Programs or Files Software Serial Numbers / Cracks / Warez Pornography of Any Kind (Permitted only in adult plans) Witchcraft / Satanism Chat Servers Casinos or gambling Drug use and / or trafficking Terrorism / racism / hate groups Defamatory content or material Anti-ecological content / Animal abuse (Bullfighting, cockfighting, etc.) Child Pornography
NORTH AMERICA DOMAINS will be the only entity with the authority to decide what constitutes a violation of this rule.
II. TRAFFIC AND ADDITIONAL SPACE
If a WEBSITE exceeds the assigned space and traffic, it will be automatically suspended until the following month unless the corresponding payment is made for additional space or traffic. The web hosting service provided by LATAM DOMINIOS SAS is not appropriate and may be sanctioned with the suspension or elimination of the account for the following types of WEBSITE:
Distribution of Shareware hosted on the server Sale of IRC Sub-hosting
III. NETWORK SECURITY AND SERVER RESOURCES
If the WEBSITE uses excessive server resources (CPU, memory, etc.) it will be suspended momentarily and without prior notice. Then the CLIENT will be notified of the fact to reduce the load of his WEBSITE. NORTH AMERICA DOMAINS and its representatives will be the only arbitrators in determining if a Website uses excessively the resources of the server, due to the nature of the Shared Hosting service, NORTH AMERICA DOMAINS has full power to cancel the hosting accounts, dedicated servers or other products. of THE CLIENT and Users who consume excessive resources at any time, without the right to any type of refund of money and without prior notice to THE offending CLIENT.
IV. AVAILABILITY OF DOMAINS, RENEWALS, ADDITIONAL DOMAINS, REGISTRATION OF NEW DOMAINS AND TRANSFERS
NORTH AMERICA DOMAINS cannot guarantee the availability of a DOMAIN, once a domain has been hired and paid, LATAM DOMINIOS SAS has 72 business hours to deliver it, however due to the nature of the service and the negligence of NORTH AMERICA DOMAINS this period can be extended up to 7 continuous business days from the time of purchase NORTH AMERICA DOMAINS has no responsibility for the NON-availability of the DOMAIN of THE CLIENT and / or damages caused to this or third parties due to the loss of a DOMAIN name in their purchase for the first time or its renewal, in case the DOMAIN cannot be registered or renewed by NORTH AMERICA DOMAINS before its suppliers, the balance paid for this product will be credited as a favorable balance in the contract number previously granted by the system of NORTH AMERICA DOMAINS, balance that may be used in the future by THE CLIENT to make a purchase or update of another domain or product offered for or LATAM DOMINIOS SAS or duly reimbursed to a bank account owned by THE CLIENT.
There is no place for reimbursement, once an account is opened and paid, due to the non-availability of a certain DOMAIN. Once the DOMAIN has been chosen, registered and activated, it cannot be modified until the end of its contract period.
Some plans offered on our Website have ADDITIONAL DOMAINS, which allow you to host several domains in the same Hosting plan, THE CLIENT may use this space only and exclusively for domains with a first-level extension, only the following domains may be configured as additional domains: .com .net .org .tv .biz .info or .us, the other extensions must have a dedicated Hosting plan eg: .com.co .org.co .gov.co .net. co .com.mx .com.es ETC.
All domains are registered internationally under the name of NORTH AMERICA DOMAINS, however each domain will be represented by a contract number that will give all legal rights over the domain name to the holder of the contracted account, THE CLIENT will have DNS control and domain transfer but you will not be able to change the registrant and / or administrative information.
Once THE CLIENT has contracted a Hosting service for a specific domain, it may not request a change or modification of the domain on the contracted account, in case of requesting to transfer its domain to another provider, it must be notified 30 days before the date of expiration of the contract, if the status of the contract awaits renewal, the domain cannot be transferred.
For reasons of security, control and to avoid setbacks and loss of domains, domain releases for transfer can only be made if the domain is 30 days before its expiration date, likewise if a domain is renewed, it cannot be transferred to another operator up to 60 calendar days from the renewal date.
V. TECHNICAL SUPPORT
Technical support will be available only via the online support desk through the internet through our TICKETS system 24 hours a day, 365 days a year, and through PAYMENT FOR SUPPORT HOURS on some occasions through the telephone service during business hours. , with response times of 24 to 72 business hours (does not apply for weekends or holidays) or even longer if the technical team so requires and is limited to problems directly related to server connectivity, http, ftp and email services. NORTH AMERICA DOMAINS does not provide technical support on issues related to domain transfers to External Providers, in the configuration, troubleshooting of third-party applications, such as: Configuration of External Email Programs such as Outlook or others that do not belong to the contracted service , E-Mail Accounts, Additional Domains, Email Lists, MySQL, PHP or any other Programming Language Databases, WordPress, Joomla, Interchange, Oscommerce, Pre-installed Scripts or Third Party Scripts, etc or everything related to the assembly or configuration of the website, THE CLIENT will be in charge of managing its Website and installed and / or developed applications and will be solely responsible for the information stored there, both in its internal configurations and in the continuity of its Installed Applications. NORTH AMERICA DOMAINS will not have any responsibility regarding the partial or total loss of the settings made in the applications or the information of THE CLIENT. THE CLIENT must have their own Webmaster to solve problems related to the Website, nor will NORTH AMERICA DOMAINS provide support on any Application that is not Developed by the Company.
THE CLIENT must accept all the technical procedures to solve the problems that arise in the company of a representative of LATAM DOMINIOS SAS and must always act under the principle of good commercial faith.
SAW. SPAM, MAILS WITHOUT AUTHENTICATION FROM THE WEB PAGE, UNSOLICITED EMAIL OR MAILING LISTS AND PHISHING (SEE AVAILABLE BOLETTIN SERVICE)
It is strictly forbidden to use the network and servers of NORTH AMERICA DOMAINS to transmit unsolicited email (SPAM) or send mass newsletters and / or similar (or more than 70 emails per email box per hour), THE CLIENT must hire a Newsletter service if required. The domain of THE CLIENT may not be the origin, intermediary or response address of this type of email. Violation of this rule will result in the definitive cancellation of the offending CUSTOMER’s account without the right to claim or refund money and the content of the WEBSITE will be totally deleted without prior notice, THE CUSTOMER agrees to indemnify NORTH AMERICA DOMAINS for claims, sanctions and all legal aspects resulting from this type of use, NORTH AMERICA DOMAINS will be the only entity with the authority to decide what constitutes a violation of this rule.
For security reasons, all our servers are protected with self-control measures such as sending mail using the NOBODY or MAIL PHP user, the user must create an authentication service in their applications before sending any mail using an account of Mail registered in your Hosting, any mail that is sent using the MAIL option without previously authenticating will be eliminated by the servers immediately, THE CLIENT must make the corresponding adjustments to their applications to send this type of mail.
PHISHING, PRIVACY AND PROTECTION OF BRANDS, COMPANIES AND NAMES
Phishing consists of sending emails or falsifying a web page that, pretending to come from reliable sources (for example, banks), try to obtain confidential user data. To do this, they usually include a link that, when clicked, leads to counterfeit web pages. In this way, the user, believing they are on a trustworthy site, enters the requested information that, in reality, will end up in the hands of the scammer.
Any attempt by THE CUSTOMER, any website similar or similar to another that may lead to scams and / or falsification of names of people or companies worldwide will result in the definitive cancellation of the account of THE offending CUSTOMER without the right to claim or refund of money and the content of the WEBSITE will be totally deleted without prior notice, THE CLIENT agrees to indemnify NORTH AMERICA DOMAINS for lawsuits, sanctions and all legal aspects that result from this type of use, NORTH AMERICA DOMAINS will be the only entity with authority to decide what constitutes a violation of this rule. THE CUSTOMER will be solely responsible for claims and all legal aspects that arise from storing this type of content in their HOSTING space, THE CUSTOMER will have full responsibility to respond to security entities or any other request regarding the veracity and security of your data and stored files, NORTH AMERICA DOMAINS will not have any legal responsibility at the time of receiving any claim.
VII. CONTINUITY OF SERVICE, RESPONSIBILITIES AND TRM
NORTH AMERICA DOMAINS will maintain, as far as possible, an availability of the service at 98% calculated based on an annual period. However, due to the nature of the service provided, an interruption could occur at any time for many reasons beyond the negligence of NORTH AMERICA DOMAINS, all the processes that are necessary to improve the quality of the service must be accepted by THE CLIENT including the temporary suspension of the service if required and / or unscheduled interruption of the service for technical purposes, THE CLIENT knows and accepts that the continuity of the service depends on the technical scope of NORTH AMERICA DOMAINS and the magnitude of possible damage to the servers. .
The damages that are the result of any interruption in service are too difficult to determine. NORTH AMERICA DOMAINS will not be responsible for any damage, claim and / or loss that may occur due to these causes to THE CLIENT directly or to third parties. The obligation of NORTH AMERICA DOMAINS for its own negligence cannot exceed an amount in any case equivalent to the charges payable in one month, which are obtained from the contracted period between the number of months of this period (Semiannual or Annual) by THE CLIENT on the contracted product (Domains, Hosting, Software, Solutions).
NORTH AMERICA DOMAINS does not use the TRM (Representative Market Rate) as a value for the conversion in our current rates in all our products and services, in all cases the value that will be used for the conversion of our rates from the AMERICAN DOLLAR currency. USD will be the OFFICIAL TRM OF THE DAY OF PAYMENT, THE CLIENT knows that NORTH AMERICA DOMAINS does not abide by official values in the purchase or sale of foreign currency and handles this modifiable fixed rate.
THE CLIENT is fully financially responsible for any direct or indirect impact on NORTH AMERICA DOMAINS, its good name, its Clients, Trusted Third Parties and Suppliers, in the event that the provision of any service on its behalf affects the availability or stability of the Platform. used, or in any other event, this applies to all products, including Hosting, Domains, Dedicated Servers, Software Applications, etc. NORTH AMERICA DOMAINS will be empowered to initiate legal action against THE CUSTOMER in case of any eventuality that thus merit.
VIII. BACKUPS – INFORMATION INTEGRITY
The integrity of all the information, databases and files that make up THE WEBSITE is the responsibility of THE CLIENT. NORTH AMERICA DOMAINS does not have information backup systems (BACKUP) if this is not previously contracted by THE CLIENT, the backup copies of all the data of each account is the responsibility of THE CLIENT. NORTH AMERICA DOMAINS is not responsible for material, economic, lawsuits or any other type of damage that THE CUSTOMER may suffer in the event of a total or partial loss of information, as an additional tool THE CUSTOMER has an option to make a backup copy In their control panel (CPANEL and / or PLESK), in addition to this, THE CLIENT can contract a backup solution (BACKUP) offered by LATAM DOMINIOS SAS.
IX. PASSWORD TO ACCESS THE CONTROL PANEL
When creating an account, THE CUSTOMER receives by email a password to access his control panel. It is the sole responsibility of THE CLIENT to keep this password in a safe place so that unauthorized persons cannot access the account. THE CLIENT can modify his password at any time from his control panel. In case of loss, THE CUSTOMER can request his password to the support address which will be sent to the email address registered with the account.
X. RESALE OF THE SPACE AND REASONABLE USE
We are zero (0) tolerant with the resale of space on our servers, in case this happens your account will be terminated IMMEDIATELY without the right to any refund of money, we allow the hosting of additional domains but owned by THE CLIENT, in case of Not abiding by this rule it is clear the consequences that it can bring, for this we check our servers every 3 days inspecting the proper use of them.
LATAM DOMINIOS SAS may offer unlimited plans, the Client understands that there is a reasonable use limit according to the value of the payment made for his annuity, in any case, THE CLIENT may not exceed more than 200 GB of storage, nor may he use more than 35% of the processor or memory in the dedicated servers in the shared hosting plans, in these cases the Client must migrate to a higher plan or to their own dedicated server.
There is no place to refund money for THE CLIENT for any reason, the balance that is reported as a return and / or additional payments that are received by NORTH AMERICA DOMAINS will be credited as a credit balance in the contract number previously granted by NORTH AMERICA DOMAINS , this balance may be used for the purchase, update or renewal of another product offered by NORTH AMERICA DOMAINS. The payment of the domains by their nature, are not refundable.
XII. SERVERS UPDATE AND ADDITIONAL CONTRACTS AND FACILITIES
NORTH AMERICA DOMAINS servers have installed and licensed software defined for all Hosting accounts, THE CLIENT must adapt their scripts and application programming to the versions currently available on each of the servers, however THE CLIENT may use a right of request to request the installation of additional components, the technical team of NORTH AMERICA DOMAINS will review the feasibility to carry out the installation of the component and if approved it will be installed, in case the new installation affects the behavior of other server accounts and / or causes inconveniences LATAM DOMINIOS SAS may deny the installation and / or uninstall the requested component.
When a contract is updated, the main contract date (First Contract) will be respected and only 1 payment per year will be sent for the total of the product, regardless of the date the account was updated.
XIII. TERMINATION OF CONTRACT AND RECONNECTION CHARGES
This contract shall be deemed terminated for the following reasons: (1) for the breach of any of the obligations established within the content of this agreement, as well as those arising from the nature and essence of the contract, or due to behavior contrary to the commercial good faith and loyalty; (2) for the expiration of the term stipulated in this contract; (3) due to non-compliance or partial or total lack of payment by THE CLIENT will give way to the suspension and elimination of all the information hosted on the servers of NORTH AMERICA DOMAINS. Paragraph: It is understood that the breach of the obligations emanating from this agreement of wills, by either party, will empower the other to terminate this contract without any notification or requirement being necessary.
NORTH AMERICA DOMAINS reserves the right to carry out the UNILATERAL and IMMEDIATE termination of this CONTRACT without prior notice to THE CLIENT if any of the above rules are breached or if its Board, Technical, Legal or Internal Team decides to do so for reasons related to mismanagement. account or any other cause, without the right to the delivery of any type of information hosted on our Servers by THE CLIENT or Refund of Money.
Acquiring any Dedicated Server, Hosting Plan, product, domain or service with NORTH AMERICA DOMAINS implies the automatic and irrevocable acceptance of the terms and conditions established herein.
THE CLIENT must pay a one-time reconnection charge of USD $ 10 + VAT when they do not cancel their renewal of ANY product or service contracted with our Company on time, in a monthly, bimonthly, semi-annual, annual or any other modality in which they are found. active in the NORTH AMERICA DOMAINS Information System, the payment deadline is the one registered in your contract until 11:59 pm on the same day, if the Client does not make the payment corresponding to the reconnection value, NORTH AMERICA DOMAINS may immediately cancel the Client’s contract and cancel its current product affiliation without having to notify THE CLIENT, neither will any type of hosted information be delivered and in the event that it has a contracted domain, it may be canceled or canceled immediately and without prior notice. notice, procedure caused by non-payment of the cost of renewing your product or the reconnection charge.
Any controversy or difference arising between the parties by virtue of the celebration, execution, termination, interpretation or settlement of this contract will be tried to resolve in the first instance through the conciliation mechanism, making use of the services offered in this regard. the Chamber of Commerce of Aburrá Sur. If a complete solution is not achieved, the arbitration mechanism will be resorted to, for which an arbitration tribunal will be formed, made up of a lawyer, appointed by common agreement between the parties. If no agreement has been reached on the appointment of the arbitrator after (15) days, counted from the failed conciliation hearing, the arbitrator will be appointed by the Chamber of Commerce of Aburrá Sur. The Court will be subject to the regulations of the Chamber of Commerce of Aburrá Sur and the decision to be made will be in law.
For legal purposes, the contractual address will be the city of Envigado, and notifications will be received at the following addresses: NORTH AMERICA DOMAINS GB
Paragraph.- Any communication or notification sent between the parties by virtue of this contract, must be made in writing or by means of a data message, through the certified mail service, via fax, email or personal delivery, and it is understood delivered to the respective party as follows: (1) certified mail: the third business day after the date of dispatch; (2) via fax or email: the next business day after the completion of the transmission.
DOCTRINAL THEORY OF CLICK VALID IN THE UNITED STATES AND FOREIGN
With the advent of electronic commerce, the theory of consent expressed via click arose, that is, when the applicant is warned that he is submitting to the expressed conditions and he expresses his assent by pressing the enter key and clicking (as requested before of sending the registration form) the client expresses his agreement with the conditions established by NORTH AMERICA DOMAINS.
The doctrinal theory of click was ratified in the text of the Electronic Commerce Law of Colombia (law 527 of August 1999)
The law applicable to this contract is Colombian law by virtue of the principle of the preservation of the contract.
Read and consent to the above content is subscribed in the city of Sabaneta, Colombia.