TERMS OF SERVICE
Secure Hosting Service has TOS (Terms of Service, also known as Terms and Conditions) that apply to all who use our services. By using our services, you agree to comply with our TOS. Secure Hosting Service will be the sole arbiter as to what constitutes a violation of this TOS.
1. The service
1.1. Secure Hosting Service will provide you, the Customer / Client, with those services described in the Order Form (the "Service" or "Services"), or as discussed and officially agreed upon via electronic mail prior to Order. The Services will be provided according to these Terms and Conditions, the Order Form, the Service Description (and any attachments to the Service Description), and the relevant AUP (Acceptable Use Policy).
1.2. You must provide all required information requested in the Order Form in order that we may provide the Service. We may refuse to provide any of the Services at our sole discretion.
2. Provision of the service
2.1. We will use reasonable endeavors to provide the Services by the date(s) you request.
2.2. You understand that the Internet is a world-wide system of independent inter-connected networks and computers. We control only those systems that are on our network. We cannot guarantee fault free service. We do not warrant or guarantee the technical quality of the connections to national or international networks supporting the Service and of any other terminal equipment, computer program and of any other systems that are not under our direct control. However, we shall use reasonable endeavors to ensure that the Service is available for your use and we will repair any reported faults on our computer systems as soon as reasonably possible.
2.3. You use the Internet at your own risk and agree that you are subject to and will comply with all applicable laws during your use and use by your guests, employees, officers, directors and agents.
2.4. You agree that we have no control over the content of the information transmitted or made available on the Internet. We do not guarantee that any particular content will be available at any given time and, except with regard to security services you may buy from Secure Hosting Service and then only to the extent described in the related Service Description, we make no guarantee regarding the security of the Internet generally or specifically. We further assume no responsibility for any information, software, services or other materials you obtain by using the Internet.
2.5. You must provide a proper, effective and appropriate connection with a telecommunications provider in order to use the Services. We are not responsible for your telecommunications services.
2.6. Other than software, hardware and installation services that we provide in connection with the Service, it is your sole responsibility to make sure that you have the necessary and appropriate software, operating systems, equipment and facilities to use the Service, as may be described in the Service Description.
2.7. You must ensure that any software or equipment connected to or used with the Service must be connected and used according to any instructions, safety or security procedures applicable to the use of that software or equipment.
2.8. Secure Hosting Service reserves the right to change the technical specification of the Service from time to time, provided that any change to the technical specification does not materially degrade the performance of the Service significantly.
2.9. You understand that some services are provided using a multi-user shared server/environment. There may be occasions where use of the Service may be affected by access of other users.
3. Use of personal information
3.1. Any personal information submitted to us is considered private and confidential, and all efforts will be made to protect this information unless otherwise stated. You agree that we (or any of our subsidiaries or affiliates, also referred to as our "Group companies") may process personal information (including contact details) which you provide to us in the Order Form or that we learn or receive from you in connection with your use of the Services. We may process this personal information in order to administer the Contract and for purposes connected to the Services and your business relationship with us, including (by way of example only), for the purpose of notifying you (whether by mail, telephone or email), of new or additional products or services provided by us, our Group companies and selected third parties.
3.2. You may contact us at any time at webmaster@grupomadaloni.com if you suspect your personal information was misused by us.
3.3. If we collect personal information in connection with this Contract, we will treat and use the information in compliance with the provisions of all relevant data protection laws, including, if applicable, your right to access the personal data and to request at any time any amendment or corrections thereto.
4. Charges and payment for the Service
4.1. You agree to pay all Charges, fees and other costs relating to the Services and at the time or times as set out in the Order Form or Payment Form, without set-off, deduction discount, charge-back or other reduction for any reason whatsoever, including any claim you believe you may have against us. If you wish to dispute a charge, you must pay the full amount to avoid service interruption and write to billing@grupomadaloni.com to notify of the disputed amount. Should we validate your claim your account will be credited with the validated amount.
4.2. All Charges are exclusive of value-added taxes (VAT) and any other similar sales taxes, duties or levies imposed on Secure Hosting Service by law which will be added to the Charges payable.
4.3. You agree that we may modify the Charges and other fees from time to time by providing you with written notice of the date your next payment is due. In addition, we may increase the monthly or annual charges if your use of the Service generates a level of access which in our reasonable opinion, our Services (or any part of it) to other users is likely to be impaired or degraded in any way whatsoever. If you find such increase in Charges unacceptable, you may terminate the Contract by providing us with written notice as per this TOS. Your continued use of the Service after notification shall be conclusively deemed acceptance of such increase and your right to terminate under this Section 4 will end. 4.4. Credit Cards, PayPal, or other recurring payment methods that are declined for any reason are subject to a $10 declination fee. Should payment not be received by the due date, service interruption may occur. Service interrupted due to non-payment is subject to a $50 re-activation fee. Accounts that are not collectable by Secure Hosting Service may be turned over to an outside collection agency for collection, at which time service will be terminated immediately.
5. Customer undertakings in connection with the use of the Service
5.1. You agree not to use and not to let any other person use the Services or any part of the Services to store, reproduce, transmit, communicate or receive any material, data, images or information, which is:
a) in breach of any Costa Rica or international law, regulation, code of practice, or acceptable use policy;
b) abusive, defamatory, obscene, menacing or otherwise illegally offensive;
c) in breach of confidence, intellectual property rights, privacy or any other rights of any third party, under applicable laws of Costa Rica or any other country, (any of which may be referred to below as "Offending Materials").
5.2. You further agree that, in connection with any of the Services provided under this Contract, you will not:
a) directly or indirectly, use the Services or any part of the Services to provide any form of service generally associated with an Internet service provider or Hosting provider, or otherwise in competition with Secure Hosting Service, unless stated clearly prior to order of the Service;
b) resell the Services in whole or in part to any third party, unless stated clearly prior to order of the Service;
c) infringe any of our, or a third party’s, intellectual property rights or other proprietary rights party involving software, programs and any other property supplied by us for the use of the Service;
d) use the Service for any unlawful or illegal purpose of any type, or cause any nuisance through use of the Service or allow others to do so, including the delivery or transmission of unsolicited e-mail, also known as "Spam";
e) use the Service for phishing or other similar types of activity,hacking, network scanning, spyware distribution, or virus distribution;
f) use the Service for material that is defamatory, hateful, or threatening;
g) use the Service for pornography or adult content;
h) use the Service for Internet relay chat ("IRC"), including hosting of an IRC server, running IRC bots, use as an IRC client or proxy, and use of IRC scripts or programs:
i) provide any third party with the password to access the Service;
j) repair, modify or tamper with our network or insert any programs, data or information in our network, which may, in any way, affect the Service, cause any damage to third parties or be deemed unlawful.
5.3. You further agree that you will observe
(a)the acceptable use policy rules established and amended by us from time to time in relation to the use of the Service, including those displayed on our web-site at http://www.grupomadaloni.com, and
(b)all instructions we provide in relation to the use of the Service that we believe are necessary for reasons of health, safety or the quality of any telecommunications service provided by us.
5.4. Certain information transmitted or displayed using the Internet may be illegal and you may be liable in this country or in foreign countries for accessing such information. You acknowledge that under the applicable national or international laws or regulations, Secure Hosting Service may, under certain serious criminal circumstances, such as, but not limited to, the initiation of a criminal investigation involving child pornography, be required to provide to legally authorized entities subscriber information such as. In all such cases, we will not be liable for any damages resulting from our provision of such information or decoding keys to such authorized entities.
6. Proprietary Rights and License of Secure Hosting Service and Third Party Software
6.1. If, as a part of the Service, we provide you software, whether owned by us or a third party, you agree that the ownership of and all intellectual property rights in the software shall remain vested in the owner.
6.2. You will have a limited non-exclusive non-transferable license to use the software solely in connection with the Service. The terms and conditions of this license are contained in the end user license agreement that is included with the software. Any other use of or dealing with such software is strictly prohibited.
7. Web Hosting, Dedicated Servers, and Colocation Services
7.1. If you are using our Web Hosting Service, we may, at any time and from time to time, at our sole option, monitor and inspect your website relating to the Web Hosting Service. If we find or become aware or believe that you may be in breach of Section 5.1, we may without prior notice take any one or more of the following actions:
a) remove the Offending Materials;
b) suspend or permanently disable the Web Hosting Service or any part of it; or
c) terminate the Contract for breach.
7.2. Secure Hosting Service is not responsible for any material, data, images or information transmitted, used, communicated, passed over or received, through or on any Services. In particular, we do not warrant the quality or accuracy of such material, data, images or information and we assume no liability if they contain any Offending Materials. Your use of such material, data, images and information is solely at your own risk and is subject to all applicable laws, regulations, codes of practice and acceptable use policies.
7.3. You will, at your own expense, obtain all necessary content, including any materials, data, images, or information necessary for your use of the Service and you will be responsible for ensuring that any and all content you place on your website complies at all times with the requirements of this Contract.
8. Indemnification by the Customer
8.1. You, the Customer, shall indemnify and hold harmless Secure Hosting Service and all its subsidiaries and affiliates against any and all liability, loss, damage and expenses (including legal expenses), whatsoever arising directly or indirectly (which shall include consequential and indirect loss, loss of revenue profits, data, contracts, goodwill and anticipated savings) (all of which are referred to as “Damages”) from any of your acts or omissions, including those of your employees, agents or sub-contractors, other persons you authorize to use the Services, or persons who use or access the Services without authorization as a result of your action or omission (each, a "User") including without limitation, any breach by you of any of the terms of the Contract, or any content maintained, stored or transmitted by you in connection with the Services provided to you by Secure Hosting Service.
8.2. You are liable for the actions of all Users, including the failure by any User to perform or observe the terms and conditions of this Contract.
9. Rights of Non-business Customer
9.1. The following provisions shall apply if you are subscribing to the Service for your non-business-related use: You represent and warrant that you are at least 18 years of age and an individual using the Service for the purposes set out in the Order Form.
10. Suspension of the Service and Force Majeure
10.1. Without prejudice to our right to terminate the Contract under the applicable provisions, we reserve the right to suspend any of the Services (a)if you breach any of your obligations under the Contract and fail to correct the breach within three (3) business days notice by us, or (b)immediately, without notice, if we receive a valid complaint from a competent third-party alleging that or if we believe that you are using the Services to store, maintain or transmit any Offending Materials, or if we receive a notice from a governmental authority that you may be using the Services in violation of any law in the applicable jurisdiction, or if you are engaging in any action which is in violation of any provision of Section 5 above.
10.2. If after suspension of a Service, we receive written confirmation that a third-party complaint has been resolved, we may reinstate the Service.
10.3. We may also suspend the Services for operational reasons such as repair, maintenance or improvement of the network by providing at least two (2) days prior notice, unless such notice is impracticable in the case of an emergency or a Force Majeure event.
10.4. If either party is unable to perform any obligation under this Contract because of a matter beyond the reasonable control of the party ("Force Majeure") such as lightning, flood, exceptionally severe weather, fire, explosion, war, terrorism, civil disorder, industrial disputes (whether or not involving either of the party’s employees), or acts of local or central Government or other competent authorities, or act or omission of suppliers, including but not limited to an act or omission of telecommunication suppliers, such party will have no liability to the other for that failure to perform.
10.5. If any event of Force Majeure continues for more than sixty (60) days either of us may terminate the Contract after providing written notice of the intent to terminate as permitted under Section 11 below.
11. Duration and termination
11.1. The term of the Contract shall be as noted in the Service Description and/or Order Form. If no end date is noted, this Contract shall continue for a period of one year and be automatically renewed for successive one year periods unless (a)either party notifies the other in writing at least 45 days before the end of the year or (b)either of us terminate the Contract as permitted by these Terms and Conditions.
11.2. Secure Hosting Service may terminate this Contract if you breach any of the provisions of this Contract in any respect. With respect to payments, we may terminate immediately and without notice if you fail to pay any Charge or costs owed within ten (5) business days of the date the payment is due. For any other breach, we may terminate the Contract if you fail to correct or remedy such breach within ten (10) business days of written notice of such breach.
11.3. You may terminate this Contract if we breach any of our obligations in any material respect and fail to correct and remedy such breach within thirty (30) business days of receiving written notice from you describing the breach.
11.4. If we terminate this Contract, all amounts due under the Contract shall immediately become due and payable in full, even though our obligations to render the Services to you will terminate. If you terminate this Contract in accordance with this Section 11, we will reimburse you a pro-rata rebate of any relevant pre-paid Charges, other than set-up fees and charges, based on the proportion of the Contract term remaining, minus any processing fees. Otherwise, we will have no liability to you for such termination. If we terminate the Contract, we reserve the right to seek other remedies we may have under this Contract and at law.
12. Warranties and limitation of liability
12.1. All warranties, conditions, undertakings or terms, express or implied, written or oral, statutory or otherwise, in respect of the Service are excluded to the fullest extent permitted by law, except as expressly provided in the Contract.
12.2. You acknowledge that the Charges are determined and we would not be willing to provide the Services except on the basis of the exclusions from and limitations of liability contained in the Contract. You expressly agree that these exclusions and limitations are commercially reasonable.
12.3. You agree that, to the fullest extent permitted by law and except as noted in this Section 12, your sole and exclusive remedy against us for any claim, whether arising out of contract, tort, misrepresentation or otherwise, will be to terminate this Contract and receive a pro-rata payment of the pre-paid Charges as noted under Section 11.4 above.
12.4. You further agree that in no event shall our liability with respect to any event or series of events or connected events arising out of or relating to this Contract exceed in aggregate the pro-rated monthly charges payable by the Customer during the three (3) months (or where applicable, such other shorter period of time) preceding such event.
12.5. Except as otherwise noted in this Section 12, you agree that we have no liability to you for any direct or indirect, consequential, punitive or incidental damages of any kind. This limitation includes (by way of example only) damages resulting from loss of production, profits, business data, operation time, goodwill, contracts, revenues or anticipated savings arising out of or resulting from the Services being offered under this Contract. This also means that, except as noted in this Section 12, you have waived any claim against us and we will have no liability for any losses you may incur as a result of any delay, failure or error in the transmission of information or interruptions or deterioration of the quality of the Service.
12.6. You shall have no right to make a claim against us (and you are hereby waiving all such rights) except where you notify us in writing of the circumstances giving rise to such claim within one (1) week and issue legal proceedings against us within four (4) weeks of the date that you know or reasonably should have known of your right to bring such a claim.
12.7. We acknowledge that nothing in this Section 12 will limit our liability to you for intentional fraudulent misrepresentation or death or personal (physical) injury resulting from our negligence, or the negligence of anyone for whom we are vicariously liable under the law. However, this is not intended to provide you with a right or remedy which you would not otherwise have.
12.8. This Section 12 shall survive the termination of the whole or a part of the Contract.
13. Dispute resolution
You agree that before you resort to any third party relief (including the courts), you will attempt to resolve the dispute by notifying us by electronic mail or registered post of your complaint. For our part, we agree to review such complaint and notify you in writing of our findings within 30 days following the receipt of your notice.
14. Governing law and jurisdiction
The Contract, which includes these Terms and Conditions, the Order Form and the Service Description (together with any Attachments to the Service Description), shall be governed by the laws of Costa Rica. You agree to submit any and all disputes arising out of or relating to the Contract to the exclusive jurisdiction of the courts of Costa Rica. You further agree to not request removal of any dispute arising out of or relating to the Contract to the federal courts.
15.Changes to the contract
15.1. Secure Hosting Service may, at any time, change the Charges for the Service and amend or modify any of the terms and conditions for the provision of the Service.
15.2. Such changes, amendments or modifications will take immediate effect upon the expiration of any time period specified in any notice sent to you. If any material modification to the terms of the Contract is not acceptable, you may terminate the Contract by giving Secure Hosting Service at least thirty (30) days written notice. You may not however terminate the Contract under Section 15.2 above if such modifications, changes or amendments to the terms and conditions of the Contract are made in order to comply with any law or regulation or other requirement applicable to or imposed upon Secure Hosting Service by any competent authority. The continued use of the Service following the expiry of the notice of modification shall be conclusively deemed acceptance of the changes, amendments or modifications and your right to terminate shall end.
16. Miscellaneous
16.1. If any provision of the Contract is held to be unenforceable, illegal or void in whole or in part the remaining portions of the Contract shall remain in full force and effect.
16.2. Any notices under this Contract shall be sent to the addresses shown on the Order Form and to webmaster@grupomadaloni.com.
16.3. You may not assign this Contract, or assign your rights or delegate your obligations under this Contract without our written consent. We may, at our discretion, assign this Contract and our rights and delegate our obligations under this Contract to any of our affiliates or to any company that acquires our business or assets.
16.4. The Contract between you and us shall consist of these Terms and Conditions, the Order Form, the Service Description (and any Attachments to the Service Description), and any relevant Acceptable Use Policy, all of which together shall form the entire agreement between the parties. The Contract may not be modified in any respect except in writing and signed by both parties other than as provided in Section 15. No course of trade or custom shall change the terms of this Contract.
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