APPLIES ONLY TO SERVICES CONTRACTED THROUGH MARCH 2023
Hereinafter will be referred to the person who hires any of the services of Desarrollos Creativos, C.A. as “customer”. The use of the contracted services presupposes the acceptance of these conditions.
Content
The services contracted with Desarrollos Creativos, C.A. must be used exclusively for lawful purposes. It is strictly forbidden to use any of the services contracted with Desarrollos Creativos, C.A. that violate any local, national or international law.
While using the services contracted with Desarrollos Creativos, C.A. may not:
Restrict or impede the use of the Internet to any other user. Disclose or transmit illegal, abusive, defamatory, obscene, racist, offensive, pornographic or any other objectionable information, whether through photographs, text, advertising banners or links to external pages, as well as publish, transmit, reproduce, distribute or exploit any information or software containing viruses or any other harmful component, software or other pirated material, infringe intellectual property rights, publish or provide material or access to resources on hacking, cracking, or any other information that Desarrollos Creativos, C. A. considers susceptible, even potentially, to compromise the security and/or integrity of any system.
Any use of the system to hack software or other violations of the law will result in the suspension of services and immediate communication to the appropriate authorities.
Severe Account Violations
We take a zero tolerance stance against any of the following activities:
Spam Rules: The sending of unsolicited e-mail, commonly known as Spam. Any user who sends Spam will have his or her account terminated, without notice and without the right to a refund for the terminated service. In addition, we will charge the owner of the account that is in violation of this policy a $50.00 general cleanup fee.
Denial Of Service (DoS) Rules: Any account that is launching a denial of service from our server(s) against any other server will have their services terminated without notice. In addition, we will charge the owner of the account that is in violation of this policy, a $1000 fee.
Server Exploiting Rules: Any account that is attempting or has successfully or unsuccessfully exploited any of the server services, including but not limited to the HTTP server or SSH server, or attempting to gain root access will have their account terminated without notice. In addition, we will charge the account owner who is in violation of this policy a $1500 fee.
Abusive behavior against staff: We believe in professional communication, we will not tolerate any abusive behavior, abusive language, threats, or defamation against any staff member of Desarrollos Creativos, C.A. Violating this policy, we reserve the right to suspend or permanently terminate your account(s) without prior notice and without any refund.
Disclaimer of Warranty
Customer acknowledges and agrees that Desarrollos Creativos, C.A. has no control over the content of the information that passes through its network, or the Internet, nor accepts responsibility for them. Due to the possibility of problems of the Internet network and other unforeseeable contingencies and force majeure, neither Desarrollos Creativos, C.A., nor its employees, resellers, information providers, or the like give warranties of any kind, express or implied. It can not be guaranteed 100% that the availability of the service will be continuous and uninterrupted during the contract period and therefore can not accept liability for loss of data, business interruption or any other damages caused by the operation of the contracted services.
Desarrollos Creativos, C.A. is not responsible for loss of data on the server caused by users, failures in our system or updates to our servers. It is the customer’s responsibility to maintain a backup (backup) of the site. It is also the responsibility of the user to keep the mails of the webmail system under safekeeping. There is no refund.
Client’s Responsibility
The Customer is responsible for the content hosted on the servers of Desarrollos Creativos, C.A., and unless otherwise agreed, with Desarrollos Creativos, C.A., for the support of such content.
Indemnification
Customer shall indemnify, hold harmless and defend Desarrollos Creativos, C.A. and all directors, officers, employees of and against any and all claims, damages, losses, liabilities, judgments, actions, suits, demands, proceedings (both legal and administrative) and expenses (including, but not limited to reasonable attorney’s fees) arising out of or relating to Customer’s use of the (Shared Service) services, including any violation of Desarrollos Creativos, C.A.’s Acceptable Use Policy. Such claims shall include, but not be limited to: claims based on trademark, service mark, trade name, copyright and patent infringement, trademark dilution, interference that may give rise to liability for damages to third parties in connection with contracts or prospective business relationship, unfair competition, defamation or injury to reputation, or other injury or damage to business.
Limitation of Liability
Desarrollos Creativos, C.A. shall in no event be liable for any indirect, incidental, special or consequential damages, lost profits, or loss of profits, revenue, data or use, suffered by the customer or any third party, during the performance of this contract.
Denial or Discontinuity of Service
Desarrollos Creativos, C.A. reserves the right to refuse or discontinue the services contracted by the Customer with or without notice, if the Customer engages in any conduct or activity that Desarrollos Creativos, C.A. considers that violates any of the terms, rules and conditions set forth, with or without notice, not being responsible Desarrollos Creativos, C.A. of the consequences that may result for this reason.
Personal and Identified Data
The Customer declares to be the legal person responsible for the use of the contracted service. The Customer agrees to provide Desarrollos Creativos, C.A. your full name, address, email address and contact telephone number and keep us informed of any changes in this regard.
For its part Desarrollos Creativos, C.A. undertakes not to distribute, sell or provide to third parties the information available on its customers, unless expressly authorized by the customer.
Security
If for any reason the Customer suspects that the security of your account is compromised in any way, you must notify Desarrollos Creativos, C.A. via email or via a ticket in the client area.
Technical Support
Desarrollos Creativos, C.A., provides technical support through email requests, which are answered in a period not exceeding 72 hours and in order of receipt. The cases that are attended are server problems, access or any other that has to do with your hosting account.
In case of application configurations, scripts, database restoration, web site setup, unzipping files or any other activity that generates technical staff time, will have an additional cost of 20$ per hour.
All scripts pre-installed on the servers, support must be requested directly from the companies that created them.
Scripts
In hosting accounts that have their own cgi-bin directory, the customer can install and run the scripts it deems appropriate as well as applications developed in PHP and other programming languages included in the contracted account. However, Desarrollos Creativos, C.A. reserves the right to disable any script or software installed by the Customer that affects the normal operation of the servers and / or other users. We do not offer support for scripts installed or activated by users, it is the responsibility of the customer, installation and configuration. We do not allow running IRC on our servers.
Traffic and Space Consumption
All hosting accounts include a certain amount of monthly traffic and contracted space.
If the traffic generated by a hosting account exceeds the monthly traffic allotted, Desarrollos Creativos, C.A. will bill the excess traffic at published prices.
If the customer exceeds the space allotted, Desarrollos Creativos, C.A. will bill at the current price for packages of 100 Mg additional space. The system will send notices indicating the excess, after 24 hours of having generated the first report, the notice of collection of the excess will be generated.
Billing and Pricing
The payment of all services will be in advance, being the client’s obligation to make sure to make the deposit corresponding to the amount of the contracted service. In case of return of bank receipt, 35Bs.f will be charged for expenses. The minimum contract for the plans of one (1) year and maximum three (3) years.
The hosting contract is automatically renewed according to the contracted periodicity. The cancellation of the account by the Client must be indicated in writing at least 30 calendar days before the end date of the contracted period. After this date Desarrollos Creativos, C.A. will claim the payment of the full period.
The Collections Department will send an email with a collection notice, 30 days before the due date, then 15 days, 5 days before the due date and the due date. Once the collection notice has been generated, the customer cannot make any changes to his account to lower plans. In case you require an Upgrade of your account, it can be done, taking the new billing period.
In case of non-payment after the due date, Desarrollos Creativos, C.A. will proceed to temporarily suspend the services provided to the Customer with or without notice for which you must pay an amount of $ 15 for reconnection fee, placing in place of the website, a notice of “Customer suspended for non-payment” and will not be responsible for any possible consequences that this may cause.
If there will be a debt by the customer after 30 days from the temporary suspension of service, Desarrollos Creativos, C.A. will proceed to the elimination of all existing customer information on our servers. The cancellation of the service for this reason does not exempt the customer from payment of amounts owed. THERE IS NO REFUND.
In case of change of a contracted modality to another of lower price or to another platform, a charge of 10$ will be applied and the user must not have pending receipts to cancel for the current plan. Once the hosting service has been contracted for a specific domain, it cannot be changed for any other domain for any reason. The accounts are non-transferable.
If the service is suspended, and the client wishes to perform any re-activation operation to move the information to another server or recover their data, you must cancel 50% of the current plan, and will have a period of 90 calendar days to make the transfer of your information, after this period of time the data will be deleted from our servers. If the client needs an extension, he/she must request it at least 15 days before the end of the 90 days.
Domains
Once generated the Notice of Collection by Desarrollos Creativos, C.A. for the renewal of a domain, DNS changes are not allowed, nor administrative contacts, collections and technical until the new period is canceled.
Confidentiality
Desarrollos Creativos, C.A. will maintain the confidentiality and security of information provided by the Customer for the collection of the service, as described in the Data Protection Act.
Modifications
Desarrollos Creativos, C.A. reserves the right to make changes to the features and prices of services offered without notice. Any notification affecting the technical characteristics of the services offered will take place directly through our website.
Maintenance
Desarrollos Creativos, C.A. will perform maintenance services as and when it deems necessary to maintain the continued operability of the Shared Service. The customer understands that this maintenance may require server downtime. Desarrollos Creativos, C.A. will attempt to give prior notice to Customer of the times when maintenance downtime will occur, except when circumstances beyond its control prevent it from doing so.
Acknowledgement of Agreement
This agreement supersedes any written, electronic, or oral communications you may have had with Desarrollos Creativos, C.A. or any agent or representative thereof, and constitutes the complete and entire agreement between the parties. If any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Desarrollos Creativos, C.A. may modify at any time without notice to the user said agreement, therefore it is the responsibility of the user to constantly read the same.
Domain Administration
By default, when you purchase a domain name with us, this is owned by the customer, but the administration of DNS and any other advanced configuration will be done by us. This should be maintained for the duration of the development of the website (if any). Afterwards, if you wish to have control of the domain, you will have to create an account with a domain registrar and request the domain transfer. We do not provide access to domain administration.
.VE Domains
The .VE domains (Venezuela) are under the jurisdiction of CONATEL, the entire domain sales and administration platform is provided by CONATEL and therefore is subject to failures and situations beyond our control. Occasionally CONATEL’s server goes down, leaving thousands of web pages off the air, a situation that is completely beyond our responsibility.
Hosting Server Setup
During the time that the development of your web page or any other task that represents working directly on the data stored in the server, we will not give access to the cpanel of the same for security reasons. Once the pending activities are completed, we will give access to the cPanel to the owner if required, under signature of a document that releases us from any responsibility for the information stored there and the configuration of the server. We hope that you understand that a person without due knowledge, can damage the pages, configurations or databases that are there. It is in our best interest to keep the information secure and prevent the loss of information from your site or web page.
Social Networking
View Social Media Maintenance Service Terms and Conditions
(Updated Monday, December 20, 2010)
Updated January 2014
The use of our services for copyright or trademark infringement is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. Offering to sell any counterfeit merchandise of a trademark holder will result in immediate termination of your account and any of the following activities:
– Topsites.
– IRC Scripts, Bots.
– Proxy / VPN / Scripts / Anonymous sites.
– Websites that are intended to host, distribute, promote or link to warez / pirate / illegal content.
– Image Hosting Scripts (similar to Photobucket or Tinypic)
– Scripts for audio and/or video storage, etc.
– Streaming audio and/or video (in any of its modalities)
– Game sites (online and offline) of any kind, including RPG.
– Autosurf / PTC / PTS / PPC scripts.
– IP scanners.
– Brute force programs / Scripts / Crack or hack applications.
– Mail Bombers / Spam Scripts.
– Bulk Email Services.
– Search Engine / Link Exchange Services.
– File upload/download sites (similar to rapidshare, megafire, etc).
– High Yield Interest Programs (HYIP) or related sites.
– Fraudulent sites
