Acceptable Use Policy

Sending mass emails is absolutely prohibited and will not be allowed under any circumstances. Even when they are directed to customer databases or have their authorization.

The detection by our company of a Client sending massive e-mails is a cause for immediate suspension of the services.

The use of services from other providers to carry out abusive advertising campaigns, making reference in said campaigns to services hosted at datahosting.com.pe, also implies suspension of the service.

If a client is surprised for the second time, sending massive e-mails, whether intentional or not, advertising or of any kind, the service is suspended immediately, without the possibility of refunding any remainder of the money paid for the provision of the service.

The use of any of the domain's mail servers and email addresses for the purposes of spam, mail bombing, phishing, escrowfraud, scam, pharming, spreading viruses (trojans, worms, etc.), or any other type of activity carried out with sabotaging, fraudulent or criminal intent, will be immediate grounds for termination of services. Likewise, datahosting.com.pe reserves the right to demand payment of all the resources that have been used to solve the problems generated by this type of shipments.

The maximum amount allowed for the sending of e-mail by the services in the span of one hour is:

Planes

DDoS Protected Hosting

• - Plan Starter – 500 email for hour
• - Plan Standard – 1000 email for hour
• - Plan Gold – 1500 email for hour
• - Etc etc

Wordpress Hosting

• - Plan Starter – 500 email for hour
• - Plan Standard – 1000 email for hour
• - Plan Gold – 1500 email for hour
• - Etc etc

If this amount is exceeded, the sites will be unable to continue sending e-mail until the 1 hour period has passed.

If you need to send a greater amount of e-mail per hour, contact our Customer Service platform. It is important to consider that VPS servers allow the sending of up to 1,000 e-mails per hour.

All the plans we offer, in any of their modalities, prohibit the use of our resources for the following services:

- The use of Datahosting.com.pe servers for software distribution and massive downloads.

- The installation of any type of Chat Rooms is not allowed.

- Prohibited the use of the services of Datahosting.com.pe for transition or download of videos and/or music in any type of format.

- The use of Datahosting.com.pe services to provide online gaming services of any kind is prohibited.

- Prohibited the sending of massive e-mail of any type and nature.

- The use of the domain's mail server and email addresses for the purposes of spam, mail bombing, phishing, escrowfraud, scam, pharming, spreading viruses (Trojans, worms, etc.), or any other type is prohibited. of activity carried out with fraudulent, criminal or sabotage intentions.

- The publication or transmission of any content that is violent, obscene, abusive, illegal, xenophobic or defamatory is prohibited.

- Prohibited to alter or intervene by fraudulent means personal web pages, emails, systems of other users or third parties without their authorization.

- It is forbidden to interfere with the cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.

- Datahosting.com.pe will have no responsibility for the content and information that the Client hosts on our servers.

- The client has full responsibility for the content of his website, for the information transmitted and stored from his holdings, for hypertext links, for third-party claims and for legal actions that may be triggered in all references to intellectual property and industrial, personality rights and protection of minors.

- Datahosting.com.pe is not obliged to save, store and support any type of information from accounts that are not up to date with their payments. All content may be removed from our servers from the day after the end of the contracted period.

- It is the client's responsibility to back up their data before the end of any contract. Datahosting.com.pe will not deliver any type of information or content to customers whose accounts have been terminated for the aforementioned reasons.

- It is the Customer's obligation to take all necessary measures to adequately safeguard all of their information.

- In the event that Phishing is detected, that is, that cybercrime that is committed through the use of a type of social engineering to try to fraudulently acquire confidential information (such as a password or detailed information about credit cards or other bank information), Datahosting.com.pe will suspend the service for a period of no less than 24 hours. In the event that a second Phishing event is detected on the client's website, the contracted hosting service will be terminated and, therefore, all the content of this website will be removed from our servers.

It is the CLIENT's obligation to take all the necessary measures to adequately safeguard their information, periodically downloading backups of it. Datahosting.com.pe is not responsible for the loss of information from the website or email accounts, caused by technical problems attributable to the communication and data transmission systems, hacking or external manipulation of the information maintained in the hosting service. hired. At all times it is the client's responsibility to have a backup of the information placed on their site.

For all legal purposes, it is expressly stated that the service provided by Datahosting.com.pe is not a content protection service or the information hosted on its servers, for which reason it does not have any responsibility in the event of loss of data. such content or information.

The Client will pay Datahosting.com.pe for the services provided according to the form and value accepted at the time of completing the web form.

In the event that the Client does not cancel the value of the services in a timely manner or does not report it, Datahosting.com.pe will be empowered to suspend these services and will terminate the contract.

If you have any problem with your payment, you must communicate from our Datahosting.com.pe support system.

Datahosting.com.pe does not make any type of reimbursement of any value paid by the client, even if he decides to terminate the service contract before the expiration date, except if it is within 30 days after the date of the hiring.

In the case of "domain registration" the amount canceled is not refundable.

Any of the following conducts or execution of the following processes is prohibited and are grounds for immediate suspension of services:

- Sending massive e-mail or Spam, either intentionally or due to virus infection of a client terminal.

- Detection of Phishing, either intentional or by omission of the security measures of the programming of the client's website.

- Run processes that use more than 80% of the CPU for more than 3 minutes.

- Processes that require over 48 MB of memory, or a large number of requests that slow down the performance of the server.

- Using more than 20% of all available system resources, at any time, for more than 30 minutes.

- Saturation of the server by CMS applications such as Forums, Moodle, among others, that threaten the performance of the machine and, therefore, that impair the proper functioning of other clients that use the same server.

- Detection of malicious code of any kind, hosted on your website, and that result in overloading the server or sending massive e-mails.

Any of the following conducts or execution of the following processes is prohibited and are grounds for termination of services:

- Failure to fully and timely pay the price agreed for the services.

- Send mass e-mail or Spam more than 2 times in a period of one year.

- Detection of Phishing on the client's website more than once, in a period of one year.

- The detection of routines or scripts that seek to collect information from the server or use resources such as “Remote File Inclusion”, “Remote File Disclosure”, “Arbitraty File Download”, “SQL Injection”, “RemoteCommandExecution”, among others.

- Detection of malicious code 2 times in a period of one year.

- If Datahosting.com.pe considers that the information hosted by the CLIENT on our servers violates the current law in Peru, morality and good customs, or affects third parties.

- Failure to comply with any of the other obligations established in this document.

- Abusive behavior against the staff: No abusive behavior, verbal or physical aggression or threats against any member of the Datahosting.com.pe human team will be tolerated.

- The notification of the early termination of the contract for any of the causes described in this clause, empowers Datahosting.com.pe to exercise legal actions to compensate the damages caused by breaches, whatever their nature.

- Datahosting.com.pe will not be responsible or accept any claim from the client or from third parties, for the rejection of any legitimate email message as a consequence of the nature of the antispam systems. This, due, among other reasons, to the possible concurrence with external technical means available to the client himself.

- Regarding all those circumstances in which the Client has the right to claim from Datahosting.com.pe compensation for damages, regardless of the grounds or their nature, whether it is a claim of a contractual or non-contractual nature, the compensation will be limited to the payment of direct damages effectively caused to the Client by Datahosting.com.pe; prior reliable demonstration of their responsibility, with a maximum limit equal to what was actually paid by the Client in the three months prior to the fact on which the Client bases their claim. This limit represents the maximum amount for which Datahosting.com.pe would be responsible.

- Notwithstanding what is previously established in this clause, Datahosting.com.pe will not be responsible under any circumstances and will be excluded from the obligations established in any of the following cases:

1. Claims or demands for compensation for damages by third parties against the Client (which are subject to the limitation of liability established above).

2. Loss of information or damage to Customer's records, data or equipment. Likewise, Datahosting.com.pe will not be responsible in any case for the damages or losses that the Client or third parties may experience as a direct or indirect consequence of the use and operation, or non-operation or of the correct or incorrect operation of its technological infrastructure or its programs, or for any other fact or cause related to the service it provides.

3. Lost profits, special damages, indirect damages and/or mediate economic damage (including, but not limited to, loss of savings, profits or anticipated savings, loss of opportunities, loss of image or any other consequential damage).

4. Power outages, caused by power companies.

5. Fires in our premises beyond our responsibility.

6. Cuts of National or International links provided by Internet provider companies.

7. Misuse of access accounts Datahosting.com.pe forces its clients for security reasons to have a backup of all the information they keep on our servers.

8. Delay of the client in the change of DNS for the activation of the service from Datahosting.com.pe.

9. Delay in the Transfer of the DNS of the previous Company to our Company.

10. Datahosting.com.pe is not responsible for any content on our servers.

11. Datahosting.com.pe is not obliged to save or store any type of information of any account that is not up to date with its payments. All content may be removed from our servers from the day after the end of the contracted period. It is the customer's responsibility to back up their data prior to the termination of any contract. Planetahosting.pe will not deliver any type of information or content to customers with terminated accounts.

12. Datahosting.com.pe is not responsible for viruses that have their origin in a telematic transmission infiltrated by third parties (for example, word processor macros, Java applets and ActiveX programs), generated with the purpose of obtaining negative results for a computer system.

13. Virus contamination on their computers, the protection of which is the responsibility of the client.

14. Of the intrusions of third parties in the products contracted by the client, although Datahosting.com.pe has established reasonable measures of protection.

15. Of the deterioration of equipment (client's terminals) or misuse (client's responsibility).

16. Of the violation of intellectual or industrial property rights, or of any other rights or legitimate interests that may derive from the use of the product contracted by the client.

17. Of what is exclusively attributable to the client.

- Datahosting.com.pe undertakes to comply with all the terms of the contractual conditions that are applicable to it, having to act loyally and in good faith.

- Datahosting.com.pe is committed to offering, with all the means at its disposal, the services optimally, striving so that they are provided during 24 hours a day, 7 days a week, in the safest way possible, except for incidents that may occur outside the scope of action of Planetahosting.pe.

- Datahosting.com.pe reserves the right to interrupt the contracted service based on technical repairs and maintenance of the equipment, as well as for the improvement of the services themselves, notifying the Client sufficiently in advance.

- Datahosting.com.pe cannot guarantee that the availability of the contracted products and services is continuous and uninterrupted, due to the possibility of problems in the Internet network, breakdowns in server equipment and other possible unforeseeable and external contingencies to Datahosting.com.pe.

- The Client agrees to bear, within reasonable limits, risks and imperfections or unavailability of the services, due to the technical complexity of the programs used and the multitude of existing possibilities of use.

- Datahosting.com.pe undertakes to provide the Client with the contracted services in an integral and timely manner.

A client can request an Upgrade or change to a higher plan on the same platform at any time they deem appropriate. The update price that will be charged will be calculated taking into account the difference between the original plan and the new selected plan, proportional to the validity of your current service.

If the upgrade payment is confirmed from Monday to Friday between 8:00 a.m. and 6:00 p.m., the plan change will be made within the following 2 hours and the server change, if applicable, will be made within of the following 72 business hours.

You cannot request an upgrade for platform changes (for example, a change from a Wordpress hosting plan to a VPS platform). For these cases, the client must request a new service on the platform of his choice and he will be the one in charge and responsible for the migration of his content. Once he finishes this process, he can cancel his old service and if he has a balance of money in his favor, it will be transferred to his new plan.

In the event that the Client wishes to Downgrade or cancel the plan, he must first download the resources within the Cpanel adapting to those of the new chosen plan and then request the change via email to ventas@datahosting.com.pe so that the downgrade is performed. The cancellation of the plan is done during office hours.

- At least one of the services is online.

- When the services are suspended or terminated for some of the indicated points.

- Cut of services due to natural catastrophes, terrorism or popular uprisings.

- Client connection IP blocking or blocking.

- DNS resolution problems that are not attributable to Datahosting.com.pe.

- Power Outages caused by third parties external to Datahosting.com.pe.

- Fire in our premises where our responsibility is absolutely excluded.

- Cuts of National or International links provided by Internet provider companies.

- Thefts at our facilities.

Datahosting.com.pe, and its dependent personnel must keep absolute confidentiality regarding the CLIENT's information that they become aware of during the provision of the agreed services.

The restrictions on the use and disclosure of the information and therefore the obligation of confidentiality of the same will not be applicable to that part of the Confidential Information that:

a) It was legally in possession of Datahosting.com.pe before the moment of its disclosure by the CLIENT.

b) At the date of disclosure, the information was already in the public domain.

c) If Datahosting.com.pe or its representatives were validly required or notified by a court of justice or by a governmental or administrative authority, to reveal the existence and/or content of the confidential information. In the event that this occurs, Datahosting.com.pe must inform the CLIENT in writing, no later than the third day of the request.

For all legal purposes, it is expressly stated that the service provided by Datahosting.com.pe is not a content protection service or the information hosted on its servers, for which reason it does not have any responsibility in the event of loss of such content or information.

Although our customer service platforms operate 24 hours a day every day of the year.

There are benefits that for security reasons will only be delivered and validated during restricted hours (business days from Monday to Friday from 8:30 a.m. to 5:30 p.m.) are the following:

- Sending Logs.

- Immediate Plan Changes.

- Immediate VPS change.

- Review and recovery of Backups.

- VPS configuration changes.

- Reactivation of Suspended and/or Blocked Services.

- Blocking or Unblocking of email accounts and others requested by the client.

- Forwarding accounting documents (invoices, credit notes, etc.)

The Domains requested with your hosting plan to Planetahosting.pe will be registered on behalf of the client but with the data of Datahosting.com.pe.

For ".pe" domains, the client can request the change of contact or administration information when it deems appropriate.

In the event that a client wants to completely transfer a .pe domain to his name, he must pay the equivalent of 110 soles + IGV, a price charged directly by Punto.pe for carrying out this procedure. This procedure must be carried out within the contracted annual period

The .com, .net or .org domains delivered for free (only new and unregistered domains) for the annual contracting of a hosting plan at Datahosting.com.pe, will be registered on behalf of the client but with the data of Datahosting.com.pe.

The client can request the transfer of his .com / .net / .org domain when he deems it convenient, taking into account that he must do so at least 60 days before its expiration and with an online time of 1 year minimum.

Domains that are not paid have 25 days to be recovered after the expiration date. If the client has not notified their renewal before 25 days after its expiration, the .com / .net / .org domains remain in a "redemption period" for another 30 days in which they can only be recovered if paid a US$500 fine to the domain registration service provider through us. In case of not paying after the 60-day period, the domain is released and anyone can register it.

1) To be able to change the administrator of the "com, .net or .org" domain name, it is necessary to comply with the following points:

a- To be commercially up-to-date with your current company.

b- Request the transfer with a minimum of 60 days before expiration of the registration of the name.

c- Make the payment of 80 Soles + IGV to Datahosting.com.pe for the annual registration.

d- You must send the transfer EPP code to migrate the name. This name must be unlocked to transfer.

Procedure:

Once the hosting service is requested and we send you the welcome emails, you must indicate the EPP code and we will enter it in our domain providers (companies with which we do the registries) from there an email will be sent to administrator (you or the company) to confirm the transfer of the domain name, you must « Accept the transfer of the administrator ».

Once entered, it takes approximately a week to appear under our administration.

NOTE: Name management transfer is independent of DNS, so you can make the DNS change before starting the process.

2) In the event that a client wishes to transfer the administration of the ".pe" domain name, he must pay: 110 soles + IGV (value to be paid in punto.pe) plus the renewal of the name for 150 soles + IGV.

Our recommendation is that this administration be maintained by the client.

The expiration of the domain will take place the same day of the period contracted by the client, therefore if the client does not want the services associated with the domain to be suspended, they must make the payment, notify it and have received confirmation from the Datahosting.com.pe staff before the expiration date. Our domain provider will make a change of the domain's DNS servers by not receiving payment from Datahosting.com.pe before the expiration date.

Expired domains cannot be transferred, modified, targeted, or released by Datahosting.com.pe. It is extremely important that you renew your domain on time, since the service stops working from day 1 that you do not pay.

The domain name takes between 24 to 48 hours to be reactivated from the moment the payment is entered into our system.

The suspension of a domain for non-payment or the loss of a domain for not making the payment notification is not the responsibility of Datahosting.com.pe.

The position of administrator allows you to have privileges to be able to manage the corresponding hosting account, change data and even request the termination of the service. But this does not imply ownership of it, but it does allow modifications to the information, including the change of the property data of the service.

If a change of administrator or owner is required, the current administrator can do it directly from the Customer Area. If the administrator does not have your access data, we will send them to the authorized emails for this purpose.

If the owner of the service does not have contact with the administrator and needs to change his data (For example, the designer or programmer left everything in his name) we will review the billing of the previous current period. In the event that the claimant as owner matches the billing information, we proceed to request the following documentation to validate it as such:

If it is a COMPANY:

• RUC file scanned

• Information of the new administrator of the hosting service (Name, telephone and mail).

If it is a NATURAL PERSON:

• DNI scanned on both sides.

• Information of the new administrator of the hosting service. (Name, phone and email).

- It is the Client's responsibility to keep the e-mail address provided in the contracting form for communications with Datahosting.com.pe operative, active and updated, since it constitutes the preferred means of communication for Datahosting.com.pe to the agile and fluid management in the provision of the requested service as a result of the contractual relationship that, through this contract, unites Datahosting.com.pe with the Client.

- Keep and diligently use the access password to its services, since it is the means that allows Datahosting.com.pe to verify that the accesses are made authenticated by the client or by any of the users authorized by him . The Client will be exclusively responsible for the use of said identifiers and their communication, including to third parties, as well as for the actions and requests that authorized users, to whom they have granted the necessary permissions, could carry out.

- It is the Client's responsibility to ensure that all its programming is compatible with the stable versions that are periodically updated on the servers. For this you can see from your Control Panel the versions of CPanel, Apache, PHP, MySQL, Perl, Kernel that your services present permanently.

- Computer equipment is a tool for data processing that, by its nature, is subject to eventual failures, either by its own operation or in its programs. For this reason, the Client must take the usual preventive measures in computing activity, as well as have the necessary slack for the execution of its processes and information backups. The Client will be directly and exclusively responsible for the efficiency of the personnel that operates its technological infrastructure.

- The user will make sure not to leave folders, directories and/or files with 777 full access permissions in their hosting account. The fact of assigning 777 permissions to any folder, directory and/or file will allow possible attackers to intrude into the server for the purpose of interrupting services and/or destroying content.

- The user will make sure to keep all the scripts installed in their hosting account updated with the most recent version of it, to avoid vulnerabilities and/or intrusions into the server (Hacking).

- The client will make sure to review the content of your website, keeping it safe and free of any type of malicious code.

- Datahosting.com.pe is not responsible for problems derived from installations, upgrades or uninstallations that the free add-ons offered in their plans may have, such as webmail, Softaculous installation systems, visit counters, etc.

- Datahosting.com.pe makes these tools available at no cost to the customer, which are the sole responsibility of the companies that deliver them and the customer who agrees to use them. Datahosting.com.pe does not control or have any responsibility for the complements that the client decides or does not decide to use. Likewise, Datahosting.com.pe, at the time it deems appropriate, can suspend or eliminate any add-on if it puts the security or performance of one or more servers at risk.

- None of the parties will be responsible for the breach of the obligations derived from the contractual conditions applicable to the contracted products and, therefore, there will be no right to compensation, when said breach is due to causes of Force Majeure, according to to what is established in the current legislation.

- If the suspension due to this circumstance exceeds two months, the conditions mentioned in the previous paragraph may be canceled at the request of either party.

- Any notice, notification or other communication that is required to be made between the parties will be sent by email.

- Datahosting.com.pe can add, delete or modify any of the conditions indicated in this agreement at any time, and it will be the client's responsibility to review this document. This document will always be visible and available to the client on our website.

- For all legal effects derived from this document, the parties establish their domicile in the city and department of LIMA and are subject to the aforementioned jurisdiction and arbitral competence.