Physical Invoice is not sent by email
- Contract of HOSTING and/or Design Web that they on the one hand, facilitate To turn white Lozano Andres Reinaldo, representative of website ASCOMSA.NET, constituted in ECUADOR UNDER NORM RISE REGIME SIMPLIFIED with RISE 0927780940001, headquarters GUAYAQUIL, Direction C.C. Alban Borja Local 21 Mesanine and for effects of the following contract will denominate it in the future ASCOMSA.NET; and on the other it divides the CONTRACTOR in the later thing will denominate it as the CLIENT Both parts, with total legal capacity for the celebration of this Contract, capacity that say to have and that mutually they are clear, DECLARE:
- I. That ASCOMSA.NET is a dedicated organization to serve of Internet through the webpage with URL: www.ASCOSA.NET, on which it shows the total ownership. Between served by ASCOMSA.NET, WEB, programming and lodging of webpages, as well as the corporative graphic design emphasize the ARTISAN DESIGN, among others own activities of their social object.
II. That the CLIENT is contracting the service of hosting, registry of domain or design Web.
REIMBURSEMENT AND RETURNS
Before putting the order in our website the CLIENT must accept our policies and conditions as she leaves from the purchase process, which will not be able to buy the service if you do not make click accepting our terms and conditions. If the CLIENT wishes that an adviser of oxford-virtual.com helps him to put the order in the offices of ASCOMSA, the offices of the CLIENT or telephone route the CLIENT will receive in his e-mail before some service of ASCOMSA.net activates an email where it can review this contract and it is in certainty that you have accepted the terms and conditions of our services, if you do not agree can request the reimbursement of the money immediately. The money REIMBURSEMENT sepuede to ask up to 30 days after having assets the service.
IMPORTANT: If you cancel with Credit card or Bank deposit and puts the order in our website, our website only gives a proof him of payment and agrees in retiring the NOTE OF SALE RISE in our facilities C.C. Albán Borja Local 21 mezzanine, calling to our telephones and making previous appointment to have lists it.
If it does not agree in receiving the NOTE OF SALE RISE subsequent to its payment please approaches our facilities and realises the payment in personal form.
Some of Our AFFILIATES use our website with different logo and domain but the services are contracted ASCOMSA.net and their accounts are under our Policies and Conditions. OUR AFFILIATES are in charge to promote our services, Ascomsa.net is not responsible under any way for any kind of negligence or problem who our PARTNER can cause to the CLIENT. Our partners are separated organizations and they invoice to their own clients under their own trade name.
He has considered himself that ASCOMSA.NET owns the precise capacity for the benefit of services that the CLIENT requires, inasmuch as she can have of the organization and means necessary to take it to end; and therefore, both parts have agreed upon agreeing to the present Contract that decide to hold under the following CLAUSES:
1ª – OBJECT.
The object of the present contract is the mutual promotion as much of the CLIENT as ASCOMSA.net. on the basis of the design Web and the service of hosting&dominio, according to which it is contracted.
2ª – DESCRIPTION OF the SERVICES
- 2.1 the characteristics of the services offered by ASCOMSA.NET are:
- Service of Personal Hosting, Company, Limitless
- Service of Registry of Domain
- Service of Resale/Reseller of hosting
- Service of Design Web
Service of And-Marketing
Hosting limitless to space and transference is understood but of no limitless way to the resources of the servant in if, CPU, MEMORY and others… also be understood as hosting limitless, personal, company and Reseller to the excellent information storage to its website. It cannot have a website of lawyers and have 300 MP3 of personal music. Be understood that to the limitless being it does not mean that it is as an endorsement for its personal documents, endorsement of its website. All endorsement must be lodged outside hosting by precaution measurement. The information must be exclusive for its website. Nonpiracy, nonwarez, nondata base of illegal content, illegal nonvideos.
All the technical details and of these services can review it in www.oxford-virtual.com
- 2,2 Characteristics of services of massive mail offered by ASCOMSA.NET
- Lodged in servers CLOUD
- Program of Shipment of mail
- Monthly transference 1,000 GB
- Limitless accounts of E-mail
- 1 dedicated IP
- Additional cost of Monthly IP $5
- Backups of data is not offered basic
- If the IP is reported as Spam, it can ask for a change of IP
- It is not possible to be sent Sexual, Political post office or prejudiced and it is assumed that the post office are with advertising aim of the contracting company.
- The IP can be rotated in servers CLOUD for effective major in the shipment.
When using our services of lodging, you accept to accept our policies. The information lodged in hosting will show respect, courtesy and responsibility, due to the rights of the other users of Internet.
We hope that the client has the basic knowledge of how she works the Internet, the types of use generally accepted and the types of use that are avoided. All the clients of ASCOMSA.NET and their services are subject to this Contract of Services, by this if a client does not read it, does not understand it, or she does not ask for before contracting it our services, is not our responsibility if this in discord with some clause. Since when putting the order from the website must accept these conditions before following with the order.
The client is totally responsible by the information stored in the servers and ASCOMSA.NET does not become person in charge by the same. ASCOMSA.NET can suspend the account or to finish it without previous warning if its account is used for illicit actions.
The following uses are unacceptable:
Illegality in any form, including but not limiting the activities as nonauthorized distribution or copy of software without license, use of trademarks without permission, harassment, fraud, traffic of obscene material “snuff”, child pornography, racial, religious discrimination or of sexual direction, MP3, commerce of drugs and other illegal activities.
Our Servers do not allow Adult Content, Adult Content is considered all that one site that contains sexual nakedness, toys, erotic stories, magazines for majors, and other related content (for contents of adults we have special servers and plans with license on the part of the DataCenter to offer this content). Despite low no reason we can accept child pornography or Snuff.
Providing these policies, has as intention to serve as guide, and at no moment they try to be exhaustive. The acts that break the laws, regulations or norms accepted in the community of Internet, are or not expressed in these policies, they are prohibited.
ASCOMSA.NET at any moment reserves the right to prohibit activities that damage their commercial reputation or its good will.
CONTAINED ILLEGAL USE
The ASCOMSA.NET servers can be only used for legal intentions. The transmission, distribution or storage of any material are prohibited that breaks any law or applicable regulation. This includes, without no limitation, the material protected by author rights, the trademark, the commercial secret or another right of used intellectual property without the appropriate authorization; and the material that is obscene or slanderous, that constitutes an illegal threat, or breaks laws of the control of export. Examples of contents or nonacceptable connections: it hacked into of software, the programs of the hackers or the archives Warez, IRC Bots Chats, Mp3, pornography, adult content. (For adult, pornographic content we have servers that counts on the appropriate licenses, despite we did not allow child pornography). We will be the only referees insofar as it constitutes a violation of this disposition.
SECURITY OF THE SYSTEM AND THE NETWORK
The violations of the security of the system or the network are prohibited, and been able to give rise to criminal and civil responsibility. The examples include, but they are not limited the following: Access, use, putting on approval, or nonauthorized exploration of security of the systems or measures of the authentication of data or the traffic. Interference with service to any user, servant or network including, without limitation, bombing of the mail, flooding, DDOS, attempts to overload a system and to spread attacks. To force any head of the package of TCP-IP or any part of the information of head in an email.
It is a violation for any person who, including, but not limited, uses programs that consume time of the servant or CPU, as well as space of excessive storage, allows the use of the services of mail, of the capacities of the expedition of the mail, or the services of car-answer with exception for aims of her own account.
The CLIENT is responsible to have his Hosting and free website of virus, usually the websites are infected to have:
a) Old and nonsafe versions of CMS (Manager of content Joomla type, oscommerce, wordpress among others)
b) Computers that connect themselves to their Hosting which they esten infected or it jeopardize with Keyloggers or other malicious programs (Malware, Trojans)
c) By quick keys to third parties and these evil to use the keys of his hosting (Case when they contract designers)
ASCOMSA.net in case their website is infected or it jeopardize can suspend or indefinitely to finish his hosting without previous communication TO the CLIENT and ASCOMSA.net does not become person in charge by damages or perjucios who this incurs TO the CLIENT or THIRD PARTIES. The CLIENT accepts all responsibility. ASCOMSA.net can give resplado0 of good faith of its HOSTING but not this subject onligado or to the same since it is responsibility of the client to always maintain an endorsement.
Information slanderous, scandalous, or deprived will not be published on a person without its consent, inflicting intentionally in emotional stress, or violating trademarks, rights of author, or other rights of intellectual property. The affected one will be able to be contacted with ASCOMSA.net and we will come to suspend to the service of hosting immediately TO the CLIENT violator and will provide all the necessary help to the affected one.
SPAMMING AND ABUSE OF THE SYSTEM
The virtual Classrooms are designed for maximum 10 users; the abuse of a virtual Classroom can cause that the servant consumes all the cycles of CPU and leaves outside the air, affecting the other users, the same happens to Scripts who abuse the data bases MySql. As a rule if its project of Classroom requires more than 10 users advisable and the logical thing are to have a servant dedicated for this case.
To send messages nonasked for of mail, including, without limitation some, commercial publicity and the informative warnings, are explicitly prohibited. A user will not use the mail server of another site to relay the mail without the express permission of the site, we have zero tolerance against the Spam and its account could be cancelled or be suspended without previous warning.
It is in opposition to the ASCOMSA.NET policy that the clients use our servers to carry out or to participate in anyone of the following activities:
1. To publish to any USENET either another newsgroup, forum, list of mail or another similar group some message outside topic, agreed to the description of the list;
2. To send e-mails nonasked for, if such asked for post office do not bring about complaints of containers Spam;
3. To participate in anyone of the preceding activities using the service of another supplier, but direccionando such activities through a ASCOMSA.NET servant, or to use a servant provided by ASCOMSA.NET as mailbox for the answers;
4. To falsify the user information who provided himself to ASCOMSA.NET or other users of the service in connection with the use of a service of ASCOMSA.NET;
5. Damages to minors, are violatory of the law and this prohibited to use our services to carry out any type of damages against minors including but not limited the child pornography.
CONSEQUENCES OF THE VIOLATION
When ASCOMSA.NET is found out a violation to their Policies of use, ASCOMSA.NET will initiate an investigation. During the investigation the service to its client will be able to be restricted to prevent some additional nonauthorized activity. Following the severity of the violation, ASCOMSA.NET can to their discretion, to restrict, to suspend, or to finish the account of the client without returns and/or to use other average civilians. If such violation is a criminal offense, ASCOMSA.NET will notify to the appropriate department for the application of the law according to such violation.
ASCOMSA.NET reserves the right to add, to suppress, or at any time to modify any disposition of this contract without previous warning. Any person who wants to report some violation to these policies, can send an e-mail from our website, section has supported.
BACKUP FILES (BACKUPS)
It is responsibility of the CLIENT to maintain backup copies of his archives. In the Linux servers, a system of endorsement via FTP exists. Even though ASCOMSA.net makes backup copies we cannot guarantee the existence, regularity and precision of the services of backup/endorsements. Nevertheless, backups/endorsements of all the accounts of the servant (normal remarketers or) is endorsed weekly. The CLIENT accepts under all responsibility to have his own backup/endorsement and we are not made people in charge have backups/endorsements of his site wen, system Web, post office or any information lodged in our servers.
When accepting our services, the CLIENT this in agreement to exempt of all responsibility to ASCOMSA.NET, their representatives and their distributors by legal, penal actions, losses, indemnifications, damages, costs, expenses, additional costs of design, adjustments, backups/endorsements, programs, scripts, caused or resulting time to the air of direct or indirect faults by the use of our services, to the client or other people affected without limitation or exception. This responsibility extends to all the subjects associated with its account including the domain, counts of hosting and the representatives of ASCOMSA.NET in the country where the company is represented.
We are not responsible under any reason by post office that do not arrive at their adressee or by post office that do not arrive at their mail of Company in our servers, unless the cause originates by fault or negligence of ASCOMSA.NET. These reasons are several following their supplier of Internet, its computer, on load of the servant among others. Independent of the reason we are not responsible under any term, condition, or circumstance of the damage or loss of the business that this it causes.
We are not responsible under any reason if the fallen servant this, does not see their websites, their post office do not work and its business suffers tangible or intangible losses, since the service of HOSTING is vulnerable to these events for different reasons but not limited a (attacks of hackers, problems of communication with the ISP, physical damage of the servers, hurricanes, tidal waves among others accidents even the one of human error). No company of hosting guarantees 100% that its site goes to be always working correctly. Nevertheless,
WE GUARANTEE 99,5%
This is the connectivity that has the servant with the Internet. And it means that we guaranteed the 99,5% that the always connected servant this to the Internet, this does not guarantee that their websites, mail or applications are working correctly. Our technical personnel of datacenter LIQUIDWEB is enabled so that the servant has the smaller amount of possible misfortunes, having excellent response time to problems. If we did not fulfill the 99,5% of connectivity our Datacenter (LiquidWeb the USA) reimburses the proportional money that was outside the air.
SERVANT OUT OF SERVICE
When his servant remains out of line the DataCenter in 30 minutes makes an evaluation of the reason is hardware, software, connectivity, attacks of hackers among others, sometimes it is difficult to determine the cause quickly. In case of total losses of the servant hardware or software, a disaster or the servant this taking part by hackers would take more time in solving the problem and it will follow the steps to reinstate the operating system and to move the accounts to a new servant, soon to install securities and to see that all this correct, if the servant in the passage of information and data retrieval is complicated for any reason, in extreme cases he can even take days and weeks for the information retrieval; in these cases we cannot offer backups/endorsements to the moment and we are not responsible by some lost delay or for information. The CLIENT must have his own endorsements, and if they solicit a change of DNS from the domain to another one hosting we are made it immediately. In addition we offer a service to recover its backup copy in another same active servant of us, who would be to the maximum air in 24 hours 48 hours their website if this is feasible according to the event.
JUDGMENTS or DEMANDS
The CLIENT is subject to positions and fines by evil use of the servant or his account of Hosting are this Spam, robbery of identity, attacks to other websites, safe from come from threats, attacks or damages caused by third people other people's to the CLIENT. It is not responsibility of ASCOMSA.NET in any way, if its website has virus or is used for attacks to other Webs.
The client cannot demand or make judgments to ASCOMSA.NET, if the short service of hosting of unexpected form or does not occur plus the service of hosting, for which the CLIENT must have his endorsement.
The domains are of the client, ASCOMSA.NET is the Commercial Adviser who will help to register the domain to name of the CLIENT. They have right total to change of name or to change the DNS to the company of Hosting that they like.
ASCOMSA.NET gives their respective keys and link for the administration of the domain, these could be modified, will be able to be made changes of DNS, proprietor and other administrative activities. All the domains will have “Lock” activated by security against “hackers”, this Lock can be removed to request of the proprietor to carry out transfers of domains, with maximum period 30 days before the victory of the domain.
Important note: Once overcome the domain the CLIENT can renew the domain to a greater price put by representing the distributing organization of Domains of the USA of the ICCAN and its value raises $190 more or, to be able to renew it. Its transfer is not possible or administration, modification, etc. Of the same, will only be able to be activated by means of renovation. When not renewing the domain it will be free later 6 months of won.
3ª – DURATION
3.1 the benefit of the service of hosting is stipulated according to the annual or monthly payments with indefinite duration. For unilateral completion of the service it must in writing be with a counted month of anticipation from the date in which the completion of the contractual relation is tried stops of this form to inform to the Datacenter and not to incur extra expenses.
4ª OBLIGATIONS AND RESPONSIBILITIES OF ASCOMSA.NET
5,1 ASCOMSA.NET is committed to serve to the CLIENT, reason for the present contract, putting all their effort in carrying out this work with all their effectiveness.
5,2 ASCOMSA.NET sends all the notifications to the CLIENT through e-mail to the direction email provided by the CLIENT, for that reason ASCOMSA.NET does not take responsibility before the consequences that can derive from the nonoperativity of this mailbox of e-mail.
5.3 Guardar a strict confidentiality, as much with respect to the information that the client as of whom offers him she gives to him as fruit of his work. This based on the evident damages that could happen for that one because their plans and perspective of access to the Internet are disclosed. From this optics, no practical difference presents the design of websites and maintenance with respect to the design of an advertising campaign by traditional means; the ethical commitments are exactly the same.
5.4 Generally, to advise, to come up and to advise to the client on the entrusted work.
5.5 Unless the opposite determines itself, ASCOMSA.NET is committed to realise their maximum efforts to guarantee that the service will be available. With general, during every day of the year except aims of week and Ecuadorian holidays, safe character by possible interventions that require interruptions of the service. The CLIENT shows specifically that it is conscious that the benefit of the service can have nonvoluntary interruptions, being able to produce interruptions of the service for reasons of the maintenance, repair, security, increase or extension of benefits or functionality, and really all those activities that involve an improvement of the service or in the preservation of the same.
5.6 In no case ASCOMSA.NET he will be responsible for the damages or damages that can be provoked as a result of an external attack to the site. ASCOMSA.NET is committed to maintain the Web in reasonable the maximum limits of security, nevertheless is important to understand that insurances do not exist systems 100%.
6ª OBLIGATIONS AND RESPONSIBILITIES OF the CLIENT
6.1 the use of the service in opposition to the good faith is prohibited
– The accomplishment of projects that are opposite to the Ecuadorian laws or that infringe the rights of third parties.
– The publication or the transmission of any content that, according to ASCOMSA.NET, is violent, obscene, illegal, racial, slanderous xenophobe or. Of special, and declarative, but for a reason or purpose nonlimiting way, it is not allowed to lodge contents that include (i) material that infringes rights of author not properly authorized, or that infringes any other right of Intellectual or Industrial Property, (II) material offensive for the community and the moral public (III) material that realises vindication of the terrorism, racism, or other conducts illegal, (IV) material pornographic, especially the one that attempts against minors,
– Cracks, serial numbers of programs or any other content that harm rights of intellectual property of third parties.
6.2 the CLIENT commits himself to provide an email address and to maintain it operative in order to receive the possible notifications realised by ASCOMSA.NET.
7ª – MODIFICATIONS
ASCOMSA.NET reserves the right to modify any clause of this contract at any time thus this deserves it by ASCOMSA.net, dice the case, ASCOMSA.NET, would notify via e-mail as rapidly as possible the CLIENT and this will be the date which the contract has been modified, also ASCOMSA.net published in its AREA of CLIENT to each of its CLIENTS the change in the policies and terms. The CLIENT who is in discord must communicate to give by concluded/finished the contract, if answer on the part of the CLIENT were not received, will be understood that this she accepts the new conditions.
It is obligation of the CLIENT to frequently review his area of client of ASCOMSA.net
Which can accede the 24 hours of the day from www.oxford-virtual.com with its mail and key provided to the activation of the service.
If the CLIENT does not open his mail, the flock, I arrive to him as Spam or does not find out this change of Policies and Conditions are not responsibility of ASCOMSA.net and it is understood that the CLIENT accepts the new Policies and Conditions of ASCOMSA.net.
8ª – CAUSES OF RESOLUTION OF the CONTRACT
Only, any breach total or partial and retired by one of the parts of some or all of the obligations or commitments that are assumed by this Contract, will authorize to the other part to solve it unilaterally.
In particular, will be causes of resolution anticipated of the present Contract:
– The cease or suspension of payments of anyone of the two parts.
– If the CLIENT does not fulfill the obligations stipulated in this Contract.
– Unilateral completion according to the clause third of the present instrument.
9ª – NOTIFICATIONS.
9,1 ASCOMSA.NET will realise the notifications to the CLIENT to the email address indicated by the client.
9.2 the CLIENT will communicate the notifications in writing to ASCOMSA.NET from www.support24hrs.com, enclosing his name of user or e-mail and password to be able to realise his identification.
10ª – DESIGN PROCESS.
If some process of design will exist is responsibility of the client to provide all the material multimedia for the elaboration of the webpage, in appropriate conditions for the same; that is to say, as far as format, sources for Web, edition, size and everything what it is required to be considered as ready material to be inserted in the page, which will be to professional criterion of the designer.
The design process Web has an approximated period of 15 to 20 days and he will not be greater to two months, after this ASCOMSA.NET reserves the right to make changes considered by the CLIENT as part of the contracted value, as long as the delay for the elaboration of the page is responsibility of the CLIENT.
11ª – MAJORITIES.
This contract contains the total agreement between the parts on the same object and replaces and replaces to any previous, verbal or written agreement, at which the parts had arrived. Also, in case of contradiction between the conditions stipulated in the present agreement and any other signed previously between both parts, the stipulated thing in the present agreement will prevail. Nothing of the stipulated thing in the present Contract supposes identity of parts, or that one is considered the agent of the other. No part will respond of any declaration, act or omission of the other part that was in opposition to the previous thing.
The exigency by anyone of the parts of anyone of its rights in accordance with the present contract will not be considered that it constitutes a resignation of shelp rights in the future. The stipulations including in the present contract with intensity express or implicit of which they continue in force and they will continue tying to both parts according to the stipulated thing.
12ª – LIMITATION OF GUARANTEE AND the RESPONSIBILITY
14.1 In no supposed ASCOMSA.NET, nor the managers and stops dependent positions, administrators, shareholders, agents or workers of her they will contract responsibility some by direct cause or indirectly related to the use that the client does of the service of ASCOMSA.NET.
14.2 the parts recognize that the exercise of this contract, does not suppose no type of representation, delegation, guarantee or other agreements different from specifically described in this Contract; and in agreement with them, all the terms, conditions, guarantees or other aspects implied by agreements or general regulation, are explicitly excluded until the limits allowed by the Law.
13ª – INVALIDITY
If any stipulation of this contract were declared null or without effect, wholly or partly, by any court or competent authority, the remaining stipulations will conserve their validity, unless the parts discretionarily decide the completion of the contract.
14ª – APPLICABLE LEGISLATION AND COMPETENT COURTS