1. ACCEPTANCE OF THE TERMS AND CONDITIONS
VIRTUAL ARGENTINA NETWORKS limited liability company., in future AV, through its site of Internet www.lemanhost.com, will provide You, in future the client, its services according to these Terms and Conditions, those that could be updated or be modified by AV without previous warning.
When using the services of AV, the client will be subject to the instructions of use or rules corresponding to the same, in addition to those signed particular agreements between the parts individually.
All that one service or benefit that particularly is not specified in the individual contract will have to be in force by these Terms and Conditions of hiring, which the client knows and accepts in his totality from the moment for asking for the hiring of the services of AV and during the use of the same.
The fact to ask for the services of AV implies on the part of the client the express acceptance and unconditional of the totality of the present terms and conditions, which are considered a contract between the parts.
2. DESCRIPTION OF THE SERVICE
At the moment, AV provides to their clients the access to an ample network services, which includes: Hosting, VPS, Emailmarketing, Streaming of audio, Applications for Android (Apps), Technical Support, CATHEDRAL, among others, services that will be able to be increased without previous notification. Any new functionality that increases or improves the present service, including the launching of new properties of AV, will be subject to these terms and conditions on watch except those services or products that specifically are indicated.
Next the enumerated services are defined:
2.1. Hosting: AV is in charge of the provision of the service of Web Hosting, managing the registry of domain and qualification of squares of e-mail with own domain that its company needs (firstname.lastname@example.org).
2.2. VPS: Service of deprived virtual servants, with IP, Web servers, of Email and individual data bases. The same give with operating system Centos and Panel of Virtualmin control (version lpg), including support standard for the administration of the same. The special facilities can be subject to previous budget. One recommends the client to maintain updated, by security, as much the VPS as the programs that installs in the same.
2.3. Service of email marketing: VPS offers to the service of email marketing. The client commits himself to use own and authentic lists of distribution with the purpose of to realise publicity or to send official notices to legal natural people or who have asked for it specifically. Strictly the Spam or shipment of publicity nonasked for is prohibited. In case of taking place the blockade on the part of international filters antiSpam of some of the IP pertaining to VPS, it will imply a serious breach to the conditions of use that will determine the sanction anticipated in point 6.
VPS does not become person in charge by the disadvantages that can generate possible faults in the system of shipments or delays in the delivery of mail or any disadvantage produced by the fault of the email system marketing. The annual payment of the service of email marketing, does not enjoy discount nor advantage any type. Notwithstanding, the client can make annual payments by questions of comfort or convenience but that will not imply that the price of the service to future is respected to him if this one got to have increases or variations within the term paid early. The annual payment does not imply freezing of the price of the service by the paid term.
2.4. Streaming of audio: It is a service of transmission in audio real time of and sound via Web. It is left clarified that in certain situations can have a delay of several seconds in the transmission, which does not imply fault some or lack on watch.
2.5. Applications for Android (Apps): Armed and publication of applications for android, between which they are included: reproducers of streaming, websites responsive, and others. The same will be able to if so stop being updated or republicadas on the part of AV in case they stop being compatible with Android, or if Google came to retire the same of the platform Play Store. The armed and/or published applications will be able to arrive to contain publicity and/or to show different contents administered by AV, in which case the publication of the same could be carried out without previous warning. The service of apps that is included without additional cost to the plans that own it, is a temporary advantage that will stay as so until AV determines it. In case of giving by finalized this advantage, AV will previously inform to the client with an advance smaller to 30 days, not letting to know to the costs and conditions that the service will have in the future.
3. OBLIGATIONS OF THE CLIENT
It is condition essential and obligatory to use the service, that the client provides the information required in the form with registry of truthful way and completes. Also it will have to maintain at any moment updated his data, informing all change that takes place. In case of detecting false data, incomplete or out of date, AV it will have the right to suspend or to close his account and to deny the present or future use of the service or any part to him of him.
The client will have to take care of the data of access of the service that have been provided by AV and to use safe passwords for post office, FTP, data bases and programs and scripts that raises the AV equipment. In such sense she will be the only person in charge of the safekeeping of his name, of his data of access and passwords, having to inform in form immediate to AV if the same were lost their confidentiality. Also he will have to maintain updated by security scripts, plugins and programs that raise the service.
AV will not become person in charge of the accidental loss of information that by any cause takes place. The information and other archives are stored in computer science systems, which in certain situations can present faults and consequently to take place total losseses or partial in the information and archives of the client. For that reason it will be responsibility of the client the creation and periodic maintenance of his own backup copies on the information and/or material that stores in the servants of AV under any modality. AV will not respond in any case by the losses and/or erasures of data due to the deficiency or nonexistence of backup copies and/or by any other cause.
4. POLITICAL ON PERSONAL DATA OF AV
In no case AV person in charge by the handling will become of the data that were introduced in the e-mail messages. The client is the only person in charge of the introduction of own data or of third parties (names, addresses, identifications, telephones, etc.) in the messages of e-mail or sites hosteados by AV. Also, AV is not responsible for the use that third parties realise of the introduced personal data in lodged sites in our servant. Notwithstanding, AV is committed to guarding by the protection of the data of their clients, trying the maximum confidentiality in the handling of the information.
5. CONDUCT OF THE USER. PROHIBITIONS
It is strictly prohibited to use the service stops:
a. To load, to announce, to distribute, to transmit, to store or to send the following thing: 1. - content that is illegal, threatening, abusive, obscene, discriminatory, or of any other offensive form to third parties; 2. - contents of which it does not have the right to transmit by law or under contractual or fiduciary relation (as internal information, of acquired or given confidential property and as part of the use relations or under contracts of confidentiality); 3. - contents that violate some patent, mark, secret, right of author or any right of intellectual property of some third party; 4. - any announcement nonasked for or nonauthorized, material promotional, mail of requests or any other form of request; 5. - any material that contains virus of software, or any other code of computer, designed archives or programs to interrupt, to destroy or to limit the operation of some software or hard disk for computer or equipment of telecommunications;
b. To supplant its identity being become on the other to pass natural person, legal or organization. One also is prohibited to make false declarations or of any other form to falsify his subscription to some person or organization. All alteration of data and/or inclusion of deception – of any nature is prohibited that it has as object to deceive the adressee with respect to his sender and/or content.
c. To interfere with or to interrupt the service of Internet, servants, or networks connected to the same, or to disobey any norm, requirement, procedure, policy or regulation of rear area nets of telecommunications.
d. To raise archives that can affect the security of the service or being used to mount computer science attacks to third parties, or because they are infected, they are uncertain or correctly they are not programmed. Also the shipment of messages to groups is prohibited whose only object is to disturb the operation of the same.
e. To break any law, decree, resolution or local, national or international decree;
f. To watch, to bother or of any other form to harass to a third party or to collect or to keep personal data nonauthorized about other users.
g. To incite or to promote criminal actions of any nature, discriminatory or morally reproachable.
h. To offer or to publicize objects whose commercialization is prohibited.
i. To publish or to distribute deprived data of third parties that had been obtained without its express consent.
j. To anyway store, to load, to publish or to distribute no type of pornographic material in anyone of its variants. It is absolutely prohibited that the names of domain and/or the stored, published material, loaded or distributed through (s) counts (s) of the client contain sexual material, abusive or nonethical of all nature, which includes - but not limited a: pornography, obscenity, nakedness, violations of the privacy, products of sexual nature, among others. Also one is prohibited all connection or reference to this material. This prohibition applies in all the cases, although the material will not be illegal. In the cases in AV it detects action and/or material that form crime in the terms of arts. 131 (grooming-) and/or Art. 128 of the Penal Code (child pornography), in addition to the sanctions anticipated in the present, it will come to give warning to the competent public authority.
k. To use the service of hosting to lodge sites of games online and/or bet, nor sites related to the same.
l. To collect information of third parties with the purpose of to arm data bases, for himself or third parties, with not asked for commercial purpose.
One is also prohibited all connection or reference to sites whose content is in opposition to the present conditions. In case of breach of anyone of the prohibitions settled down in the present, the client will have to compensate and to respond completely before AV before any resulting reclamation of the publication of these materials or the use of the same. In case of detecting breach to the conditions on watch, AV will be able to deactivate (s) counts (s) of the client without previous warning. To such aims AV the right is reserved to judge, to its consideration, if the raised material is abusive and/or nonethical. In such sense AV or its representatives they have the faculty, to its total discretion, to reject or to remove any content that is available by means of the service or any content that violates the terms of hiring of the same. The client knows and accepts that AV will be able to conserve and/or to reveal the content if therefore is required to him by law or if it considers that this reserve or revelation is necessary stops: (a) to fulfill legal processes; (b) to make merit the terms and conditions of hiring; (c) to respond to complaints of which some content violates the rights of third people; or (d) to protect the rights, property or personal security of AV, its users and the public generally. All this without the client must right to demand indemnification some.
AV will give warning to the competent authority in case of detecting illicit activities in the use of their services.
6. THE SPAM IS NOT ALLOWED
Under Spam we understand the shipment of an e-mail to an adressee who does not wish to receive it. Without mattering that the mail has a legend that says he is legal or that the adressee can terminate himself if wishes it.
It is not allowed to make Spam promoting sites provided with accomodations in VPS or to use domains, IP's or services of the company for such aim. One informs that the service of elpalomo.net mailing has not been designed for such aim.
In case of detecting Spam, or to receive a denunciation on the part of an adressee who received a mail nonasked for, AV reserves the right to terminate without previous warning the account of hosting and/or the contracted service that has been used or appeared in the mail nonwished. If because of the Spam shipment the blockade in international filters antiSpam of some of the IP took place pertaining to VPS, it will imply that the client responsible for the same must pay to AV the sum of USD 500 (American dollars five hundred) for fine, notwithstanding the compensation of the damages that generates his to drive.
7. SPECIAL WARNINGS FOR INTERNAL USE
The client is forced to obey all the local, state or federal rules with respect to the conduct online and acceptable content and to obey all the applicable laws about the exported technical data transmission of Argentina.
8. TO HAVE TO COMPENSATE
The client commits himself to compensate and to respond completely before a AV, its subsidiaries, affiliates, officials, agents, associated or other partners and employees, before any reclamation or demands, including judicial honoraria and expenses if there were them, done by one third part. due to the use of the service, its connection to the same, the violation to the terms and conditions of hiring or violation to the rights of a third party.
9. CONCLUSION OF THE SERVICE
The client accepts that AV, to their only will, will be able to cancel or to discontinue their use of the service, as well as to remove and to discard any content within the service, at any time and for any reason, including, but without limiting themselves it, to have violated the terms and conditions of hiring of the service or to have acted of opposite way to the text or the spirit of these terms and conditions, or by delays in the installment of the service. In case AV has the cease services on the basis of breaches of the user of the obligations and/or prohibitions established in the present, the same will be able to become effective without needing previous notification. In such cases the user knows and accepts on the matter that AV will be able to immediately deactivate or to erase their account and all the information and related files to the same and/or to prevent any new access to these archives or the service, being released AV of all responsibility.
10. RIGHTS OF AV PROPERTY
The client accepts and decides that the service and any used necessary software in connection with the service contain property and confidential information that is protégée under the applicable laws of intellectual property. Also, the client accepts that the content including in announcements of promoters or information who were to him presented by means of the service, is protected by the rights of author, commercial brands, brands on watch, patents and other rights and laws of property. With exception to specifically authorized by AV or advertisers, the client will not be able to modify, to rent, to rent, to give, to sell or to distribute information derived from the service or software, wholly or partly.
11. HE LIMITS OF THE GUARANTEES
AV is committed to realise their maximum effort in obtaining the best possible level of their services, notwithstanding indicating that it is not possible to grant guarantee of continuity of the same in constant and uninterrupted form. The service is provided according to is available, being able to happen technical faults or of connectivity other people's to AV. The client knows and accepts that the access to the sites of Internet, applications, systems and/or archives lodged by AV depends on a system of varied computer science resources, services and interconnection operated by third parties. For that reason AV does not grant guarantee of any type, or it express or implicit, by failures, errors or slowness in the service. Also guarantee of comercialidad or aptitude for an intention is not granted in particular.
AV either does not guarantee that (i) the service will adjust to its requirements, (II) the service will be uninterrupted, precise, safe or free of error, (III) the quality of any product, service, information either another material bought or obtained by the client by means of the service will adjust to its expectations and (IV) any error in software will be corrected.
Any material unloaded or of any other form obtained by means of the use of the service is done under responsibility, discretion and risk of the client, being this one exclusively responsible by any damage to the system for its computer or loss of data that are from the unloading of these materials. No advice or data, or oral or written, obtained of AV by the user, or by means of the service. some will constitute guarantee, unless it is specifically established in the terms and conditions of the service.
Also certainty is left that the client knows and accepts that the technical processing and transmission of the service, including its content, can involve: transmissions through several networks and changes for the adjustment and adaptation to the requirements of the networks or devices of connection.
12. IT LIMITS OF RESPONSIBILITY
The client decides specifically that AV will not be responsible by any damage, interest or direct or indirect damage, anticipated or unforeseen circumstance, intrinsic or extrinsic of no nature, resultant of: (i) the use or impossibility to use the service; (II) the cost of resulting obtaining of goods or services substitutes of the fault of any either, data, information or service acquired or obtained by means of the service, or received message, or realised transactions, by means or from the service; (III) the nonauthorized access to its transmissions, or alteration of the same, or their data; (IV) the declarations or conducts of any third party in the service; (v) the loss of information or archives by any cause; or VI) any other subject related to the service. Also, the client releases of all responsibility by damages towards third parties to AV as domain applicant before NIC.com.ar, in case she is it, assuming the same all the responsibility as registrante and reserving the right AV to repeat all donation by indemnifications, honorary expenses or that she will have disbursed. -
The notifications will be sent by means of the e-mail that the client provides when soliciing the service, which will have to be effective at any moment. To all event the notification skilled to this mail will be considered valid, while their change is not informed to AV. The service can also provide notifications with the changes to the terms and conditions of hiring, or other subjects, showing to him warnings or connections announcements in the same.
14. INFORMATION OF THE TRADEMARKS
Commercial brands and on watch AV, the logo of AV, as well as other logos AV property, products and names on watch, are commercial brands of VIRTUAL ARGENTINA NETWORKS limited liability company., which the client commits himself not to show or to use in writing of no way without previous authorization and of the Company.
15. GENERAL INFORMATION
These terms and conditions on watch constitute an agreement between the client and AV and govern their use of the service. Also the client will be subject to the additional terms and conditions that can be to him applicable when it uses services affiliates, contents or software of third parts. The terms and conditions on watch and the relation between the parts will be governed by the laws of the Argentine Republic, notwithstanding the applicable dispositions about conflict of laws. The parts decide specifically in being put under the jurisdiction of the ordinary courts of the City of Buenos Aires, Argentine Republic, resigning to any other charter or jurisdiction that could correspond to them. If some court of competent jurisdiction solves that some disposition of the terms and conditions on watch is invalid, the parts of any way decide that such court will have in the heat of to value and to give effect to the intention of the parts reflected in this disposition, maintaining the remaining dispositions of the terms and conditions on watch vigor and effect. The client decides that despite any general legal disposition in opposite sense, any action originated in circumstances regarding the service, or related to the use of the same or the terms and conditions on watch, will have to be initiated within (1) a year of happened the fact or act that originates the action, expiring soon the right to exercise such action.
The titles of articles of these terms and conditions on watch have reference aims and they are destined to facilitate the reading, lacking effects for the interpretation of the contract.
16. LOW OF THE SERVICE
The contract of the service is presumed per indetermine time, independent of the original term that the client has paid. If the same stops paying the service without asking for the loss of the same, the service will be suspended in first instance and soon given of loss having to cancel the pending amounts of payment.
When a client wishes to drop from rolls any service contracted VPS, she will have to ask for it via email from some of the directions authorized by AV of email@example.com being clarified: which is its domain, what is the service that wishes to terminate (in case it had more of a contracted service), its explicit intention to terminate and the date as of which AV must attend the same.
Also, the client will have to be with the payment of the quotas of the service to be able to ask for the loss of the service.
If the loss of the service is asked for and exists balance to favor, some will not have right to demand reimbursement, having the client the option to use the service until this balance is consumed in its totality, being been of all ways forced to ask for the respective loss.
AV does not take responsibility by the maintenance and/or conservation under any electronic and/or physical storage media of the contents of the website nor emails that could be in their servants at the time of the loss of the service, being released of all responsibility by the damages that will be able to cause to the client the lack of the same to future.
17. MINIMAL TERM OF HIRING OF THE SERVICE OF EMAIL MARKETING
The minimum term of hiring of the Palomo (Email Marketing) is of three months, despite a it the service can be paid in monthly form. The contract of the service is presumed per indetermine time. The client will have specifically to ask for the loss by mail to firstname.lastname@example.org.
18. MINIMAL TERM OF HIRING OF THE SERVICE OF POSITIONING CATHEDRAL
The minimum term of hiring of the service of CATHEDRAL (Positioning WEB) is of six months. The contract of the service is presumed per indetermine time. The client will have specifically to ask for the loss by mail to email@example.com.
19. MINIMAL TERM OF HIRING OF THE SERVICES OF HOSTING, VPS, STREAMING, WORDPRESS HOSTING AND WORDPRESS VPS
The services of Hosting, VPS, Streaming de Audio for Radio online, WordPress hosting and WordPress VPS is of a month. The contract of the service is presumed per indetermine time. The client will have specifically to ask for the loss by mail to firstname.lastname@example.org.
20. PERSONAL INFORMATION - PRIVACY
The fulfillment of the effective legislation and the corresponding protection of the personal data of the Clients is priority for AV, that makes sure to fulfill possible means of security and the legal requirements for the defense of the personal information of the Client. More information in the Policies of Privacy, those that complement the present Terms and Conditions.