DataHosting...

Terms and conditions of use for services

This page contains the terms, restrictions and conditions that govern the use of the system and contracted services that Datahosting.com.pe provides to its clients. For all legal purposes, this document fully governs the relationships between the parties once accepted by the CLIENT on the Datahosting.com.pe website.

Our terms, restrictions and conditions for service in Datahosting.com.pe

DDoS Protected Hosting and Wordpress Hosting
  • 1. Obligations of Datahosting.com.pe

    a) Provide the CLIENT with the contracted services, that is, deliver the space stipulated in the plan selected by the client so that they can upload their information via the FTP protocol (File Transfer Protocol). '), as well as create email accounts according to the maximum number supported by your plan and connect both services to the Internet through the IP Internet protocol.

    b) The confidential information of which Datahosting.com.pe becomes aware, as a result of the provision of the services reported in the contract, is the exclusive property of the CLIENT. Consequently, Datahosting.com.pe may not disclose said information to third parties, unless expressly authorized in writing by the CLIENT.

    1. This obligation will be extensive for all employees of Datahosting.com.pe.

      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:

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

      2) 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 fifth day of the request.

    c) Datahosting.com.pe guarantees an uptime, that is, the operation of the service provided, that is, the connection to the Internet network of 99.9%.

    d) All business hosting plans have limiting parameters to protect servers from crashing due to overconsumption. These parameters are:

    1. • Maximum memory limit allocated for scripts = 64 MB

      • Maximum file weight to upload by scripts = 100 MB

      • Maximum execution time of a script = 60 sec

  • 2. Customer Responsibility

    - It is the responsibility of the CLIENT to define and establish the levels of protection and safeguarding of the data through the use of keys or passwords, establishment of access security profiles, which are imbued in their applications, to which the Datahosting.com.pe staff does not have access.

    - 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 to keep all their information backed up, as well as have the necessary clearance for the execution of their processes.

    - The CLIENT will be directly and exclusively responsible for the efficiency of the personnel that operates its technological infrastructure.

    - The CLIENT is responsible for maintaining a backup copy of all the content that he uploads or generates on the internet, for which Datahosting.com.pe puts at his disposal the alternative to automatically download daily backups (information backups). to your computer from your Control Panel, called Cpanel.

    - The user will make sure not to leave folders, directories and/or files with 777 full access permissions in his hosting account, assigning 777 permissions to any folder, directory and/or file will allow possible intrusion into the server attackers with 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 the same, to avoid vulnerabilities and/or intrusions in the server.

  • 3. Price and method of payment

    - 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 pay the values for the services in a timely manner, Datahosting.com.pe will be empowered to suspend the services object of this contract and to terminate it in accordance with the provisions of clause 7 of this document.

    - Datahosting.com.pe does not make any kind of refund even if the client decides to terminate the hosting service contract before its expiration date, except in the first 30 days of the service contract.

    - The value canceled by a domain registration is not refundable.

  • 4. Term

    - The duration of the service provided by Datahosting.com.pe is one year and will begin to apply from the acceptance of these terms and conditions by the CLIENT. The services offered by Datahosting.com.pe are for a defined term, therefore, they are not subject to renewal.

    - Any modification of the services or postponement of the same will be the subject of a new agreement, with new conditions, between the CLIENT and Datahosting.com.pe

  • 5. Limitations of Liability

    Regarding all those circumstances in which the CLIENT has the right to claim compensation for damages from Datahosting.com.pe, regardless of the grounds or their nature, whether due to a claim of a contractual or non-contractual nature, or due to claims or claims by third parties against the CLIENT, the CLIENT must reliably demonstrate the responsibility of Datahosting.com.pe. In any case, the compensation for damages will be limited only to direct damages and consequential damages, expressly excluding indirect damages and lost profits, and likewise said compensation will be limited to a maximum amount equal to what is actually paid to Datahosting.com .pe by the CLIENT in the three months prior to the last payment. That is, the aforementioned limit represents the maximum amount for which Datahosting.com.pe will 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 letters a) and c) of number 1 of this document, in any of the following cases :

    a) Misuse by the CLIENT or third parties of the CLIENT's technological infrastructure or its programs.

    b) Power Outages, caused by power companies.

    c) Fires in our facilities beyond our responsibility.

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

    e) 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.

    f) Delay of the CLIENT in the change of DNS for the activation of the service on the part of Datahosting.com.pe.

    g) Delay in the transfer of the DNS of the company that previously provided the service to Datahosting.com.pe.

    h) Massive cyber attack to the facilities of Datahosting.com.pe, which is duly accredited by the latter.

  • 6. Content of the information

    a) Datahosting.com.pe will have no responsibility for the content and information that the CLIENT hosts on our servers, notwithstanding the foregoing, Datahosting.com.pe may terminate this service at any time, If in your opinion, the information hosted by the CLIENT on our servers violates the law in force in Peru, morality and good customs, or affects third parties, including the sending of unsolicited mass mailings (SPAM).

    b) THE CLIENT undertakes not to saturate the server with any type of program that threatens the performance of the machine, either by using bandwidth and/or sending unsolicited mass mailings (SPAM), if the monthly traffic exceeds the average and influences the good fast and expeditious service of a server, it will automatically block it and this domain must contract a plan according to its needs or limit itself to occupying the monthly bandwidth that the server agrees as a normal monthly average If the server detects mass mailing, it will suspend the service for a period of no less than 24 hours. Now, if this is repeated for three (03) times in a period equal to one (01) year, the domain of the servers will be automatically eliminated, leaving Datahosting.com.pe, released from any responsibility.

    c) 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 cards credit or other banking information), Datahosting.com.pe will suspend the service for a period of no less than 24 hours. Now, if this is repeated for 02 times in a period equal to 01 year, the domain of the servers will be automatically eliminated, leaving Datahosting.com.pe, released from any responsibility.

  • 7. Backup of the information

    The CLIENT maintains information hosted on the servers of Datahosting.com.pe. In the event that said information is hacked or manipulated by third parties, Datahosting.com.pe undertakes to restore said information, up to 5 times in a period of one year, from the backups or backups that it may have available, in the event that the have and who have not been affected by the same act of hacking.

    The excess of restorations in the period will have an additional cost of $10,000 plus IGV each.

    Notwithstanding the foregoing, Datahosting.com.pe is not responsible under any circumstances for the content or the quality of the restored information, since if the original information presents problems or the mechanisms provided for this purpose may fail.

    It is the CLIENT's obligation to take all the necessary measures to adequately safeguard their information, periodically downloading backups of it.

    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 will not be responsible in any way in the event of loss of said content or information.

  • 8. Suspension of service

    a) Sending mass mail or Spam, either intentionally or due to virus infection of a client terminal.

    b) Detection of Phishing either intentionally or by omission of the security measures of your client's programming on your website.

    c) Run processes that use close to 100% CPU for more than 3 minutes. Processes that require over 64MB of memory, or a large number of requests that slow down the performance of the server.

    d) Use more than 5% of all available system resources at any one time

    e) Use of the shared servers of Datahosting.com.pe for transmission of video and/or music in any type of format.

    f) 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.

  • 9. Force Majeure

    Datahosting.com.pe will not be responsible for events that constitute or are due to force majeure, as defined by Peruvian legislation.

    For these purposes, the following will be considered as cases of force majeure or fortuitous event, among others, that are of a similar nature: war; shock; lockout; legal or illegal strike; theft to our facilities, earthquake, flood, large-scale computer attacks on the Datahosting.com.pe facilities, other acts of nature and, in general, any act beyond the control of the parties, which prevents compliance with the agreed obligations, despite having used the utmost diligence.

    If such circumstances occur, Datahosting.com.pe will inform the CLIENT as soon as possible. As soon as the problems that occurred as a consequence of the constitutive facts of force majeure or fortuitous event are solved, Datahosting.com.pe will reestablish the data hosting service.

  • 10. Early termination of the contract

    These are grounds for early termination of the contract:

    a) Failure to fully and timely pay the price agreed for the services

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

    1. b.1) Send mass mail or Spam more than 2 times in a period of one year

      b.2) Detection of Phishing on the client's website more than once in a period of one year.

      b.3) Abusive behavior against staff: No abusive behavior, abusive language or threats against any member of Datahosting.com.pe staff will be tolerated.

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

    Notification of the early termination of the contract for any of the reasons described in this clause, authorizes the exercise of legal actions to compensate the damages caused by breaches, whatever their nature with the limitation of the amount established in the clause 5.

  • 11. Communications

    Any notice, notification or other communication that is required to be made between the parties will be sent by email, to the address provided by the client when entering their data in the contracting process of the service(s).

  • 12. Domicile and Arbitration

    For all legal effects derived from this document, the parties establish their domicile in the city and department of Lima.

    Any difficulty that occurs between the parties due to the interpretation, extension, application, compliance or execution of this contract, will be resolved by an arbitrator appointed in accordance with the pertinent Regulations of the Lima Arbitration and Mediation Center of the Chamber of Comercio de Lima and that, known and accepted by the contracting parties, is understood as an integral part of this contract.

    The parties grant irrevocable special power to the Chamber of Commerce of Lima so that, at the request of any of them, it designates the arbitrator from among the members of the arbitration body of the aforementioned Arbitration and Mediation Center.

    No recourse shall proceed against the resolutions of the arbitrator, so the parties expressly waive them. The arbitrator is specially empowered to resolve any matter related to his competence and/or jurisdiction.

Cloud VPS and Dedicated Server
  • 1. Purpose and acceptance

    The purpose of this document is to regulate the provision of the DEDICATED SERVERS AND VIRTUAL PRIVATE SERVERS service, hereinafter, VPS, that Datahosting.com.pe, hereinafter DATAHOSTING, provides to its clients.

    For all legal purposes, this document fully governs the relationships between the parties once accepted by the CLIENT, on the Datahosting.com.pe website.

  • 2. DATA HOSTING Obligations

    DATAHOSTING must comply with the following obligations:

    a) Leasing to the CLIENT a DEDICATED SERVER owned by DATAHOSTING or a part of it in exchange for rent in accordance with the stipulations established below. The service includes the installation and connectivity of the DEDICATED SERVER to the Internet network and other accessory services that are detailed in this document according to the modalities and plans that the CLIENT hires.

    DATA HOSTING. reserves the right to replace the equipment assigned to the CLIENT at any time with equipment of the same characteristics, for which the CLIENT will be given prior notice of said situation.

    b) DATAHOSTING (or the corresponding company), 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 confidential information of which DATAHOSTING becomes aware, as a result of the provision of the services reported in the contract, is the exclusive property of the CLIENT. Consequently, DATAHOSTING will not be able to divulge said information to third parties, unless expressly authorized in writing by the CLIENT.

    This obligation will be extensive for all the dependents of DATAHOSTING. 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:

    • 1) At the date of disclosure, the information was already in the public domain.
    • 2) If DATAHOSTING 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 must inform the CLIENT in writing, no later than the fifth day of the request

      DATAHOSTING guarantees an uptime of 99.9%.

  • 3. Modalities of Services Subject of these Terms and Conditions, Contract Time and Characteristics:

    3.1. Non-Managed Dedicated Server Modalities: They must be managed directly, solely and exclusively by the CLIENT. The CLIENT claims to have high and sufficient technical knowledge for its administration since this modality does not include pre-installed software, therefore its configuration, management and correct operation is the sole responsibility of the CLIENT.

    • 3.1.1. Technical support and monitoring: In the UNMANAGED SERVERS modality in any of its plans, the technical support provided by DATAHOSTING is always offered by email and will be limited to hardware and connectivity. The CLIENT will have free support for everything that refers to hardware and connectivity unless the problem is directly attributable to the CLIENT in which case DATAHOSTING's technical support will have an additional cost. The CLIENT claims to have sufficient knowledge to manage the UNMANAGED SERVER. DATAHOSTING does not provide support on the administration of the DEDICATED SERVER or on the use or installation of programs, web site hosting, etc. It is recorded that under this modality DATAHOSTING leases the DEDICATED SERVER so that the CLIENT fully manages it without any intervention on the part of DATAHOSTING. The monitoring that DATAHOSTING performs of these servers is limited only to sending an email to the CLIENT in the event that their server is no longer available for any reason.

    3.2. Managed Dedicated Server Modalities: They are characterized because they do not require high technical knowledge on the part of the CLIENT. In this modality DATAHOSTING is in charge of updating and always keeping the DEDICATED SERVER in perfect condition.

    • 3.2.1. Technical support and monitoring: In the MANAGED mode, the support offered by DATAHOSTING is global, keeping the DEDICATED SERVER permanently updated and carrying out the necessary technical interventions at all times free of charge in everything that directly refers to hardware, connectivity and Control Panel licenses. Control, including in technical support the services provided through these licenses. In no case is support provided on any type of software installed by the CLIENT or by DATAHOSTING at the request of the same. The amount and type of support will depend on the plan chosen by the client.

    3.3. Modalities of Unmanaged Virtual Private Servers (VPS): Virtual private servers or unmanaged VPS consist of hosting whose main characteristic is that it is a server integrated into a physical server in an unmanaged mode but which in turn hosts more than a private server, that is, the CLIENT of the unmanaged private server shares its hardware resources with other virtual servers that may be hosted within the same server. The unmanaged virtual server therefore shares hardware with the rest of the virtual servers hosted on the physical server but will work autonomously from the others. The characteristics of its unmanaged status are the same as those of unmanaged servers.

    3.4. Modalities of Managed Virtual Private Servers (VPS): Virtual private servers or managed VPS consist of hosting whose main characteristic is that it is a server integrated into a physical server in a managed mode but which in turn hosts more than one private server , that is, the CLIENT of the managed private server shares its hardware resources with other virtual servers that may be hosted within the server.

    • 3.4.1. Technical support and monitoring: In the MANAGED mode, the support offered by DATAHOSTING is global, keeping the VPS SERVER permanently updated and carrying out the necessary technical interventions at all times free of charge in everything that directly refers to hardware, connectivity and Control Panel licenses. Control, including in technical support the services provided through these licenses. In no case is support provided on any type of software installed by the CLIENT or by DATAHOSTING at the request of the same. The amount and type of support will depend on the plan chosen by the client.
  • 4. CLIENT'S Responsibility

    It is the responsibility of THE CLIENT to define and establish the levels of protection and safeguarding of the data through the use of keys or passwords, establishment of access security profiles, which are imbued in their applications, to which the DATAHOSTING staff does not have access.

    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 their processes and information backups.

    THE CLIENT will be directly and exclusively responsible for the efficiency of the personnel that operates its technological infrastructure.

    The CLIENT will be directly responsible for configuring his backup on the server in question as well as ensuring its proper functioning. DATAHOSTING will not have any responsibility regarding the information that the CLIENT saves on the dedicated server, whether it is managed or not by DATAHOSTING.

    The CLIENT may request up to 2 backup restorations that DATAHOSTING may have available during the period of 1 month. Excess restorations in the period will have an additional cost of $10,000 plus IGV each.

    The CLIENT will not be able to physically access the DEDICATED SERVER.

  • 5. Allocated Bandwidth

    The maximum national and international bandwidth available and the minimum guaranteed is given by the following table:

    Service Type Maximum National Link (Mbps) Minimum National Link (Mbps) International Link (Kbps) Maximum Minimum International Link (Kbps)
    VPS1 10 5 512 256
    VPS2 10 5 512 256
    VPS3 20 5 1024 256
    VPS4 20 5 1024 256
    Dedicated 20 5 1024 512
  • 6. Backup of the information

    DATAHOSTING is not responsible under any circumstances for the content or the quality of the information that the client has on its website or that may or may not be restored.

    It is the CUSTOMER's obligation to take all necessary measures to adequately safeguard their information at all times.

  • 7. Price and method of payment

    THE CLIENT will pay DATAHOSTING for the services provided according to the form and value accepted at the time of completing the web form.

    The contract for this service is monthly and will be paid for periods in advance and the CLIENT will be notified in advance via email.

    In the event that THE CLIENT does not pay the values for the services in a timely manner, DATAHOSTING will be empowered to suspend the services object of this contract and to terminate it in accordance with the provisions of clause 7 of this document.

    DATAHOSTING does not make any type of refund even if the CLIENT decides to terminate the contract 30 days before its expiration date.

  • 8. Limitations of Liability

    Regarding all those circumstances in which THE CLIENT has the right to claim compensation for damages from DATAHOSTING, 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; prior reliable demonstration of their responsibility, with a maximum limit equal to what was effectively 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 would be responsible.

    Notwithstanding what is previously established in this clause, DATAHOSTING will not be responsible under any circumstances and will be excluded from the obligations established in letters a) and c) of number 2 of this document, in any of the following cases:

    • a) Claims or demands for compensation for damages by third parties against THE CLIENT (which are subject to the limitation of liability established above);
    • b) Loss of information or damage to the records, data or equipment of THE CLIENT. Likewise, DATAHOSTING 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.
    • c) Loss of profit, 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).
    • d) Power Outages, caused by power companies.
    • e) Fires in our facilities beyond our responsibility.
    • f) Cuts of National or International links provided by Internet provider companies.
    • g) Misuse of access accounts. DATAHOSTING Forces its CLIENTS for security reasons to have a backup of all the information they keep on our servers.
    • h) Delay of the CLIENT in the change of DNS for the activation of the service by DATAHOSTING.
    • i) Delay in the Transfer of the DNS of the previous Company to our Company.
    • j) DATAHOSTING is not responsible for any content on our servers.

    “Accessories Liability”

    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.

  • 9. Content of the information

    a) DATAHOSTING will not have any responsibility for the content and information that THE CLIENT hosts on our servers, notwithstanding the foregoing, DATAHOSTING, may terminate this service and at any time, if in his opinion, the information hosted by THE CLIENT on our servers violates the law in force in Peru, morality and good customs, or affects third parties, including the sending of unsolicited mass emails (SPAM).

    b) 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 cards credit or other banking information), DATAHOSTING will suspend the service for a period of no less than 24 hours. Now, if this is repeated for 02 times in a period equal to 01 year, the domain of the servers will be automatically eliminated, leaving DATAHOSTING, released from any responsibility.

  • 10. Licensing of Microsoft programs on Dedicated Servers:

    According to the new Microsoft licensing policies, all Microsoft licenses that a dedicated Server needs to use must be delivered by Datahosting.com.pe. It is absolutely prohibited for the client to use their own licenses to operate with dedicated servers leased to Datahosting.com.pe.

    Datahosting.com.pe will always have access to the server to verify that the Microsoft licenses are adjusted to what the client is using. In case of detecting a Microsoft license that is not delivered by Datahosting.com.pe, the server will be suspended until the situation is regularized.

  • 11. Suspension of service:

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

    a) Sending mass mail or Spam, either intentionally or due to virus infection of a client terminal.

    b) Detection of Phishing, either intentional or by omission of the security measures of your client's programming on your website.

  • 12. Force Majeure

    DATAHOSTING shall not be liable for events that constitute or are due to force majeure, as defined by law.

    For these purposes, the following will be considered as cases of force majeure or fortuitous event, among others that are of a similar nature: war; shock; lockout; legal or illegal strike; theft to our facilities, earthquake, flood, other acts of nature and in general, any act beyond the control of the parties, which prevents compliance with the agreed obligations, despite having used the utmost diligence.

    If such circumstances occur, DATAHOSTING will inform THE CLIENT as soon as possible. As soon as the problems that occurred as a consequence of the constitutive events of force majeure or fortuitous event are solved, DATAHOSTING will reestablish the data hosting service.

  • 13. Early contract termination:

    These are grounds for early termination of the contract:

    a) Failure to fully and timely pay the price agreed for the services

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

    • b.1) Send mass mail or Spam more than 2 times in a period of one year.
    • b.2) Detection of Phishing on the CLIENT's website more than once in a period of one year.
    • b.3) Abusive behavior against staff: Any abusive behavior, abusive language or threats against any member of the DATAHOSTING staff will not be tolerated.

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

    Notification of the early termination of the contract for any of the reasons described in this clause, authorizes the exercise of legal actions to compensate the damages caused by breaches, whatever their nature with the limitation of the amount established in clause 5

  • 14. Communications:

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

  • 15. Jurisdiction and Domicile

    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.

SLA Contract: availability and responsibility of services for VPS and Dedicated Servers
  • At DATAHOSTING we guarantee network availability for dedicated servers and VPS, through an SLA contract.

    Service unavailability per month* Discount

    • Between 2 and 5 hours 10% discount
    • Between 6 and 24 hours 50% discount
    • Between 24 and 48 hours 80% discount
    • More than 48 hours 100% discount

    Service unavailability = Time with total loss of connectivity, which will be the time elapsed since the technical support staff is aware of the opening of the incident by the client and until the connectivity of the affected server is restored.

    Total Loss of Connectivity = Impossibility to connect to your Dedicated Server, VPS or Server in Housing through Ping (Packet Internet Groper) from All ISP providers. (It is not considered loss of connectivity if the client has an IP block from his machine)

    For the purposes of calculating Service Availability, the duration of the incident (Tc) will be computed from when the technical support staff is aware of the opening of the incident by the customer through a ticket sent to the department of support and until the moment in which DATAHOSTING verifies the restoration of connectivity.

    - The service availability guarantee applies exclusively to server connectivity.

    - The service availability guarantee does not apply in the event of a lack of service caused by:

    • - Software failures.
    • - Configuration errors by the client or similar.
    • - Falls of the client's server derived from an excessive or erroneous use of its resources or the resources assigned to it, external attacks, hardware or software failures and the like.
    • - Scheduled maintenance operations that have been previously notified via email or on the web.
    • - Work done on the client's server by the client.
    • - Work carried out on the client's server by DATAHOSTING commissioned by the client.
    • - Circumstances beyond the control of DATAHOSTING, including, without limitation, those caused by force majeure.

    The following elements or resources are considered outside the control of DATAHOSTING, among others:

    • - The computer system of the user/s.
    • - Navigation or connection software and accessories.
    • - Viruses, Trojan horses, worms or any other hostile, harmful or harmful computer program.
    • - Switched telephone network, ISDN, frame relay, cable, satellite, and any other transportation or telecommunication infrastructure (including DNS propagation)

    - The guarantee of service availability is not applicable in the event that the client has breached any of the clauses of these conditions based on whose breach DATAHOSTING (or if it exists, its provider) has decided to deactivate / suspend / disconnect the dedicated server contracted by the client with notice, prior or not, depending on the urgency and seriousness. - To obtain compensation, the client must request it in writing from DATAHOSTING after a maximum of 24 hours have elapsed since the incident has been closed, indicating: IP of the affected domain, date, opening time of the incident and all the documentation that is requested by DATA HOSTING.

    -The compensation will be made in the billing following the request and approval thereof by DATAHOSTING.

    - Compensation is not cumulative from month to month.

    -Notwithstanding the foregoing, the Client accepts that DATAHOSTING cannot guarantee the uninterrupted use of the Services, especially taking into account that DATAHOSTING must carry out routine tasks of maintenance, repairs, reconfigurations, updates and/or improvements of the Services and in attention to the fact that the Internet is a decentralized global network of computer systems, over which DATAHOSTING does not have absolute control.

    DATAHOSTING reserves the right to deactivate or temporarily suspend the client's server in the event that it harms the integrity, performance or security of the DATAHOSTING network or its providers, with notice that may be prior or not depending on the urgency and gravity.

    For all services, the Customer is solely responsible for:

    The content, use and publication of the information and communications transmitted through the Services. Losses or damages that affect data or files stored, transmitted or used in relation to the Service or the DATAHOSTING network or its providers.

    Violation or breach by you of any rule that is applicable in relation to the use of the Service, including, among others, the provisions and self-regulation codes regarding data protection, protection of consumers and users, rights of industrial or intellectual property, content, distribution of harmful and illegal content over the Internet or unfair competition, in force at all times.

    When it is necessary to use usernames and access passwords to use all or any of the Services, the Client is responsible for their confidential treatment, their exclusive use by the Client and fraudulent use. of the same by third parties as a result of the lack of diligence or confidentiality in the custody of the same by the Client.

    For all services, the Client is responsible before DATAHOSTING and undertakes to indemnify him for all damages, interests and complaints in which the latter could be affected by a lawsuit or claim from a third party filed as a result of a infraction of the Client of the obligations that emanate from this contract and in general, given the condition of intermediary of DATAHOSTING, of any other that is not a direct consequence of a breach of DATAHOSTING of its legal or contractual commitments.

    The delay, failure, suspension or interruption of the Services as a consequence of energy restrictions, blocking of telecommunications or the Internet, actions or omissions will be considered as cases of force majeure or fortuitous event, without limitation. from third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances independent of the will of DATAHOSTING that prevent the normal execution of this contract.