Terms and Conditions on watch Hosting

Shared Hosting

The present document contains the contracted terms, restrictions and conditions that govern the use of the system and services that newsgrouphosting.com Ltda., in future INKAHOSTING.COM.PE, lends its clients.
For all the legal effects, the present document totally governs the relations between the parts once accepted by the CLIENTEen the webpage of INKAHOSTING.COM.PE, these “Terms and Conditions”, making click where INKAHOSTING.COM.PE offers this option.

1- Obligations of INKAHOSTING.COM.PE

INKAHOSTING.COM.PE will have to give fulfillment to the following obligations:
a) To serve to the CLIENT contracted, that is to say, to give the space stipulated in the plan selected by the client so that its information via protocol FTP can raise (abbreviations in English of File Transfer Protocol, ‘File transfer protocol’), as well as to create accounts of post office according to the number maximum supported by its plan and to connect both services to Internet by means of the IP IP.
b) the confidential information of which it takes INKAHOSTING.COM.PE knowledge, as a result of the benefit of the services that gives to account the contract, is of exclusive property of the CLIENT. Consequently, INKAHOSTING.COM.PE will not be able to disclose to third parties this information, except for express written authorization of the CLIENT.
This obligation will be extensive for all the employees of INKAHOSTING.COM.PE.
The restrictions of use and revelation of the information and, therefore, the obligation of confidentiality of the same will not be applicable to that one part of the Confidential Information that:
1) To the date of the revelation, the information already era of public domain.
2) If INKAHOSTING.COM.PE or its representatives validly will be required or notified by a Court of Justice or a governmental or administrative authority, to reveal the existence and/or content of the confidential information. In the event that this happens INKAHOSTING.COM.PE will have to inform in writing to the CLIENT, to taking more within the fifth day of the requirement.
c) INKAHOSTING.COM.PE guarantees a time of uptime, that is to say, the operation of the granted service, that is to say the connection to the Internet network of an annual 99.8%.
d) All the shared plans of hosting have parameters obstacles to protect the fall of the servers by sobreconsumption. These parameters are:
• Limit of assigned maximum memory for scripts = 48 Megabyte
• Maximum weight of archives to raise by scripts = 20 Megabyte
• Maximum time of execution of scripts = 30 seg

2- Responsibility of the Client

It is responsibility of the CLIENT the definition and establishment of the levels of protection and defense of the data by means of the use of keys or passwords, establishment of profiles of access security, which are infused in their applications, to which the personnel of INKAHOSTING.COM.PE does not have access.
The computer equipment is tools for the data processing that by their nature are subject to possible faults, or by own operation or in its programs. Therefore the CLIENT will have to take the usual preventive measures in the computer activity to maintain you endorse all their information, as well as to count on the necessary comfort for the execution of his processes.
The CLIENTEserá direct and exclusively responsible for the efficiency of the personnel who operates its technological infrastructure.
The CLIENT is the person in charge to maintain a backup copy of all the content that raises or generates in Internet, for which INKAHOSTING.COM.PE makes its available the alternative automatically to lower backups (endorsements of information) daily to its computer from its Control Panel, denominated Cpanel, excepting the plans ASP (Pages Active Server) in which the CLIENT must lower his backups by means of protocol FTP or basic console of data, according to it is the case.
The user will make sure not leaving folders, directories and/or archives with permissions 777 of total access in their account of hosting, to assign permissions 777 to any folder, directory and/or file will allow the interference in the servant of possible attackers with aims of interruption of services and/or destruction of contents.

The user will make sure to maintain updated all scripts installed in his account of hosting with the most recent version of the same, to avoid vulnerabilities and/or intrusions in the servant.

3- Price and form of payment

The CLIENT will pay to INKAHOSTING.COM.PE by served according to the accepted form and value at the time of completing the form Web.
In the eventuality of which the CLIENT opportunely does not pay the values by the services, INKAHOSTING.COM.PE will be authorized to suspend to the services object of this contract and to give by finished the same according to the established thing in clause 7 of this document.

INKAHOSTING.COM.PE does not carry out any type of reimbursement although the client decides to give by finished the contract before the date of victory of the same, except in the first 30 days of contract of the service.

4- Term

The term of duration of served by INKAHOSTING.COM.PE is of a year and will begin to govern from the acceptance of these terms and conditions on the part of the CLIENT. The services offered by INKAHOSTING.COM.PE are of defined term, therefore, they are not susceptible of renovation.
Any modification of the services or delay of the same will be matter in a new agreement, with new conditions, between the CLIENT and INKAHOSTING.COM.PE

5- Limitations to the responsibility

With respect to all those circumstances in that the CLIENT must right to demand of INKAHOSTING.COM.PE damages, independent of the foundations or their nature, it is by a reclamation of contractual character as extra-contractual, that is by reclamations or demands on the part of third parties against the CLIENT, this one will have to demonstrate convincing the responsibility of INKAHOSTING.COM.PE. In any case the damages will be limited only the direct damages and emergent damage, excluding specifically from the same the indirect damages and the dismissed profit, and also this indemnification will be limited a maximum amount the same to indeed phelp to INKAHOSTING.COM.PE by the CLIENT in the three months previous to the last payment. That is to say, the limit before indicated represents the maximum amount by which INKAHOSTING.COM.PE will be responsible.
Despite the established thing precedingly in this clause, INKAHOSTING.COM.PE will not be responsible under circumstance some and will be excluded from the obligations established in the letters a) and c) of number 1 of this document, in anyone of the following cases:
a) Badly use on the part of the CLIENT or third parties of the technological infrastructure of the CLIENT or their programs.
b) You cut of Suministro Electrical, caused by the electrical companies.
c) Fires in our dependencies other people's to our responsibility.
d) You cut of National or International connections provided by companies suppliers of Internet.
e) Bad Use of the accounts of INKAHOSTING.COM.PE access forces to its clients by security to have an endorsement of all the information who maintain in our servers.
f) Delay of the CLIENT in the change of DNS for the activation of the service from INKAHOSTING.COM.PE.
g) Delay in Traspaso of the DNS of the company that previously served to INKAHOSTING.COM.PE.
h) massive cybernetic Attack to the facilities of INKAHOSTING.COM.PE, that properly is credited at this last one.


6- Content of the information

a) INKAHOSTING.COM.PE will not have responsibility some by the content and the information that the CLIENT lodges in our servers, despite the previous thing, INKAHOSTING.COM.PE, will be able to put term to the present service and at any time, if in his opinion, the information lodged by the CLIENT in our servers attempts against the effective law in, the moral and moral convention, or affects third people, including the shipment of not asked for massive post office (SPAM).
b) the CLIENT is committed not to saturate the servant with no type of program who attempts against the yield of the machine, or by use of shipment and/or bandwidth of not asked for massive post office (SPAM), if the monthly traffic surpasses the average and influences the good fast and expeditious service of a servant, this one automatically will block it and this domain will have to contract an agreed plan its needs or to limit itself to occupy the monthly bandwidth that the servant decides as monthly normal average, if the servant detects shipment of massive mail will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during three (03) times in an equal period to (01) a year, the domain of the servers, being INKAHOSTING.COM.PE will be eliminated automatically, released of any responsibility.
c) In event that detects Phishing, that is to say, that one crime cybernetic that is committed by means of the use of a type of social engineering to try to acquire confidential data of fraudulent form (as it can be a password or detailed information on credit cards or another banking information), INKAHOSTING.COM.PE will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during 02 times in an equal period to 01 year, the domain of the servers being INKAHOSTING.COM.PE will be eliminated automatically, released of any responsibility.

7- Endorsement of the information

ElCLIENTE maintains information lodged in the servers of INKAHOSTING.COM.PE.En the event that this information hackeada or is manipulated by third parties, INKAHOSTING.COM.PE is committed to recover this information, up to 5 times in the period of a year, from backup or endorsements that could have available, in the case that will have them and that has not been affected by the same act of hackeo.
The excess of restorations in the period will have an additional cost of $10,000 more IVA each.
Notwithstanding the previous thing, INKAHOSTING.COM.PE does not become person in charge under any circumstance of the content nor of the quality of the recovered information, since if the original information presents problems or the mechanisms arranged to such effect can fail.

It is obligation of the CLIENT to take all the measures necessary to protect its information suitably, lowering periodically endorsements of the same.

For all the legal effects it is left it express certainty that the service that lends INKAHOSTING.COM.PE is not a service of defense of content nor of the information lodged in its servers, reason why will not be responsible in form some in the event for loss of this content or information.

8- Suspension of the service

Anyone of the following conducts or execution of the following processes is prohibited and are causal of immediate suspension of the services:
a) Envo of massive mail or Spam, or in intentional form or by infection of virus of some terminal of the client.
b) Detection of intentional Phishing or or default of the safety measures of its programming of the client in its website.
c) To execute processes that use near the 100% of the CPU by more than 3 minutes. Processes that they require on 48 Megabyte of memory, or great number of requests that slow down the operation of the servant.
d) To use more of 5% of all the resources of the system available at any time
e) Use of the shared servers of INKAHOSTING.COM.PE for transmission of video and/or music in any type of format.
f) Saturation of the servant on the part of applications of CMS type Foros, Moodle, among others that attempts against the yield of the machine and, therefore, that harms the correct operation of the other clients who use the same servant.

9- Greater force

INKAHOSTING.COM.PE will not have responsibility by cause that constitute or they are due to greater force, as it defines it the legislation.
For these effects they will be considered as force majeures or act of God, among others, that they are of similar nature the following: war; commotion; Lock out; he idles legal or illegal; robberies to our computer science facilities, earthquake, flood, attacks on a large scale to the facilities of INKAHOSTING.COM.PE, other acts of the nature and, generally, all act other people's to the will of the parts, that prevents the fulfillment of the agreed to obligations, despite to have used the maximum diligence.
If such circumstances happened, INKAHOSTING.COM.PE will inform to the brevity to the CLIENT. As soon as they are solved the problems happened as a result of the constituent facts of force greater or act of God INKAHOSTING.COM.PE will reestablish the service of lodging of data.

10- Advance term of the contract

They are causal of anticipated completion of the contract:
a) the complete and opportune nonpayment of the price agreed by the services
b) Anyone of the following conducts or execution of the following processes is prohibited and are causal of term of the services:
b.1) To send massive mail or Spam more than 2 times in the period of ao
b.2) Detection of Phishing in the website of the client more in one go in the period of a year.
b.3) abusive Behavior against the personnel: Ningn will not be tolerated abusive behavior, abusive language or threats against any member of the personnel of INKAHOSTING.COM.PE.
c) the breach of anyone of the other obligations established in the present document.
The notification of the advance term of the contract by some of the causal ones described in this clause, authorizes the exercise of the legal actions to compensate the damages that originate the breaches, any is its nature with the limitation of the amount established in clause 5.

11- Communications

Any warning, notification or another communication that is required to carry out between the parts will be sent by email electronic, to the direction provided by the client at the time of entering its data in the process of hiring of or the services.

12- Address and Arbitration

For all the legal effects derived from this document the parts they determine its address to the city and commune of Santiago.
Any difficulty that takes place between the parts on the occasion of the interpretation, extension, application, fulfillment or execution of the present contract, will be solved by means of arbitrador arbitrator designated according to the pertinent Regulation of the Center of Arbitrations and Mediations of Santiago of the Chamber of Commerce of Santiago A.G., and that, known and accepted by the contractors, is understood integral part of this contract.
The parts confer to be able special irrevocable to the Chamber of Commerce of Santiago A.G., so that to request of anyone of them, designates to the arbitrador referee among the members of the by arbitration body of the Center of Arbitrations and Mediations before referred.
Against the resolutions of the arbitrador some will not come resource, reason why the parts resign specifically to them. The referee is especially authorized to solve all subject related to his competition and/or jurisdiction.

Dedicated servers and VPS
1. - Object and acceptance
The present document intends regular the provision of the service of DEDICATED SERVANTS AND VIRTUAL PRIVATE SERVANTS, in future, VPS, that INKAHOSTING Ltda., in future INKAHOSTING, lends their clients.
For all the legal effects, the present document totally governs the relations between the parts once accepted by the CLIENT, in the webpage of INKAHOSTING, these “Terms and Conditions”, making click where INKAHOSTING offers this option.
2. - Obligations of INKAHOSTING.
INKAHOSTING will have to give fulfillment to the following obligations:
a) To give in renting to the CLIENT a DEDICATED SERVANT of property of INKAHOSTING or a part of the same in exchange for a rent according to the stipulations that next settle down. The service includes the installation and the connectivity of the SERVANT DEDICATED to the Internet network and other accessory services that are detailed in the present document according to the modalities and plans that the CLIENT contracts.
INKAHOSTING. the right is reserved at any time to replace the assigned equipment the CLIENT by an equipment of the same characteristics, for which previous warning to the CLIENT of this situation will occur him.

b) INKAHOSTING Ltda. (or the company that corresponds), and its dependent personnel will have to keep absolute confidentiality with respect to the information from the CLIENT that takes knowledge during the benefit from the been suitable services.
The confidential information of which it takes knowledge INKAHOSTING, as a result of the benefit of the services that gives to account the contract, is of exclusive property of the CLIENT. Consequently, INKAHOSTING will not be able to disclose to third parties this information, except for express written authorization of the CLIENT.

This obligation will be extensive for all the employees of INKAHOSTING.
The restrictions of use and revelation of the information and therefore the obligation of confidentiality of the same will not be applicable to that one part of the confidential information that:
1) To the date of the revelation, the information already era of public domain.
2) If INKAHOSTING or their representatives validly will be required or notified by a Court of Justice or a governmental or administrative authority, to reveal the existence and/or content of the confidential information. In the event that this happens INKAHOSTING will have to inform in writing to the CLIENT, to taking more within the fifth day of the requirement.

c) INKAHOSTING guarantees a time of uptime, of an annual 99.7%.
3. - Modalities of Services Object of the present Terms and Conditions, Time of Hiring and Characteristics:

3.1. Modalities dedicated servers Not administered: They will have to be administered direct, only and exclusively by the CLIENT. The CLIENT affirms to have high technical knowledge and sufficient for his administration since this modality does not include settled software therefore its configuration, management and correct operation she is of exclusive responsibility of the CLIENT.

3.1.1. Technical support and monitoring: In the modality of SERVANTS nonADMINISTERED in anyone of its plans, the technical support lent by INKAHOSTING is offered always by email electronic and it will be limited hardware and the connectivity. The CLIENT will have gratuitous support for everything what she talks about to hardware and to the connectivity unless the problem is imputable directly to the CLIENT in which case the technical support of INKAHOSTING will have an additional cost. The CLIENT affirms to have knowledge sufficient to administer the SERVANT nonADMINISTERED. INKAHOSTING does not lend support on the administration of the DEDICATED SERVANT nor on the use or installation of programs, lodging of websites etc. puts record that under this modality INKAHOSTING gives in renting the DEDICATED SERVANT so that the CLIENT completely administers the same without intervention some on the part of INKAHOSTING. The monitoring that INKAHOSTING realises of these servers is limited only the shipment of an e-mail to the CLIENT in case his servant stops being in favor available of any cause.
3.2. Modalities dedicated servers Administered: They are characterized because they do not need high technical knowledge on the part of the CLIENT. In this modality INKAHOSTING one is in charge to always update and to maintain in perfect state the DEDICATED SERVANT.

3.2.1. Technical support and monitoring:
In the ADMINISTERED modality the support offered by INKAHOSTING global staying is updated permanently the DEDICATED SERVANT and being realised necessary the technical interventions at any moment with gratuitous character in everything what it directly talks about to hardware, connectivity and licenses of Control Panel including itself in the technical support the services that are lent through these licenses. In no case support is lent on any type of software installed by the CLIENT or INKAHOSTING 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 virtual private servers (VPS) Not administered:
Administered the virtual private servers or VPS do not consist of a lodging whose basic characteristics is that it is an integrated servant in a physical servant of modality nonadministered but that as well lodges more of a private servant, that is to say, the CLIENT of the administered private servant does not share his resources of hardware with other virtual servers who can be lodged within the same servant. The administered virtual servant therefore does not share hardware with the rest of lodged virtual servers in the physical servant but he will work of independent form with respect to the others. The characteristics of their administered condition of are not the same that those of servers nonadministered.

3.4. Modalities of virtual private servers (VPS) Administered:
Administered the virtual private servers or VPS consist of a lodging whose basic characteristics is that it is an integrated servant in a physical servant of administered modality but that as well lodges more of a private servant, that is to say, the CLIENT of the administered private servant shares his resources of hardware with other virtual servers who can be lodged within the servant.

3.4.1. Technical support and monitoring:
In the ADMINISTERED modality the support offered by INKAHOSTING global staying is updated permanently SERVANT VPS and being realised necessary the technical interventions at any moment with gratuitous character in everything what it directly talks about to hardware, connectivity and licenses of Control Panel including itself in the technical support the services that are lent through these licenses.
In no case support is lent on any type of software installed by the CLIENT or INKAHOSTING at the request of the same. The amount and type of support will depend on the plan chosen by the client.
4. - Responsibility of the CLIENT
It is responsibility of the CLIENT the definition and establishment of the levels of protection and defense of the data by means of the use of keys or passwords, establishment of profiles of access security, which are infused in their applications, to which the INKAHOSTING personnel does not have access.
The computer equipment is tools for the data processing that by their nature are subject to possible faults, or by own operation or in its programs. Therefore the CLIENT will have to take the usual preventive measures in the computer activity, as well as to count on the necessary comfort for the execution of his processes and endorsements of the information.
The CLIENT will be direct and exclusively responsible for the efficiency of the personnel who operates its technological infrastructure.
The CLIENTEserá the direct person in charge to form his backup in the servant at issue as well as to guard by the correct operation of this. INKAHOSTING will not have responsibility some with respect to the information that the CLIENT keeps in the dedicated servant is this administering or not on the part of INKAHOSTING.
The CLIENT will be able to solicit up to 2 restorations of backups that INKAHOSTING could have available during the period of 1 month. The excess of restorations in the period will have an additional cost of $10,000 more IVA each.
The CLIENT will not be able to physically accede to the DEDICATED SERVANT.
5. - Assigned bandwidth
As much national bandwidth as international guaranteed maximum available and minimum is given by the following table:

  It connects National (Mbps) It connects the International (Kbps)
Type on watch Maximum Minimum Maximum Minimum
Basic VPS 10 5 512 256
Standard VPS 10 5 512 256
VPS Companies 20 5 1024 256
Premium VPS 20 5 1024 256
         
Dedicated 20 5 1024 512
6. - Endorsement of the information.
INKAHOSTING does not become person in charge under any circumstance of the content nor of the quality of the information that has the client in its website or that can or it cannot be recovered.
It is obligation of the CLIENT to take all the measures necessary to protect his information suitably at any moment.
7. - Price and form of payment.
The CLIENT will pay to INKAHOSTING by served according to the accepted form and value at the time of completing the form Web.
The contract of this service is monthly and it will be pleased per advance periods and it will let know itself early via mail the CLIENT.

In the eventuality of which the CLIENT opportunely does not pay the values by the services, INKAHOSTING will be authorized to suspend to the services object of this contract and to give by finished the same according to the established thing in clause 7 of this document.

INKAHOSTING does not carry out any type of reimbursement although the CLIENT decides to give by finished the contract before the date of victory of the same.
8. - Limitations to the responsibility
With respect to all those circumstances in that the CLIENT must right to demand of INKAHOSTING damages, independent of the foundations or their nature, it is a reclamation of contractual character as extra-contractual, the indemnification will be limited the payment of direct damages indeed caused to the CLIENT by INKAHOSTING; previous convincing demonstration of its responsibility, with a maximum limit the same to indeed phelp by the CLIENT in the three months previous to the fact on that the CLIENT bases his reclamation. This limit represents the maximum amount by which INKAHOSTING would be responsible.
Despite the established thing precedingly in this clause, INKAHOSTING will not be responsible under circumstance some and will be excluded from the obligations established in the letters a) and c) of number 2 of this document, in anyone of the following cases:
a) Reclamations or demands of damages on the part of third parties against the CLIENT (that are precedingly subject to the limitation of established responsibility);
b) Loss of information or damages in the registries, data or teams of the CLIENT. Also, INKAHOSTING will not be responsible in case some by the damages or damages that can experience the CLIENT, or third parties direct or consequently indirect for the use and operation, or nonoperation or of the correct or incorrect operation of their technological infrastructure or its programs, or by any other fact or cause related to the service that renders.
c) Dismissed profit, special damages, indirect damages and/or mediate economic damage (including, but not limited, anticipated loss of savings, utilities or economies, loss of opportunities, loss of image or any other consecuencial damage).
d) You cut of Suministro Electrical, caused by the electrical companies.
e) Fires in our dependencies other people's to our responsibility.
f) You cut of National or International connections provided by companies suppliers of Internet.
g) Badly Use of the access accounts. INKAHOSTING Obliga to its CLIENTS by security to have an endorsement of all the information who maintain in our servers.
h) Delay of the CLIENT in the change of DNS for the activation of the service from INKAHOSTING.
i) Delay in Traspaso of the DNS of the Company previous to our Company.
j) INKAHOSTING does not become person in charge of any content of our servers.

“Responsibility of Accessories”

INKAHOSTING.pe does not take responsibility by problems derived from facilities, upgrade or desinstalaciones that can have the gratuitous accessories that offer in their plans, such as, webmail, systems of installation of Softaculous, Accountants of Visits, etc. INKAHOSTING make available these tools without cost for the client which are of exclusive responsibility of the companies that give them and the client that accepts to use them. INKAHOSTING does not control nor has responsibility some on the accessories that the client decides or she does not decide to use. Also INKAHOSTING.pe at the moment that considers it advisable can suspend or eliminate any complement if this it puts in risk the security or performance of one or several servers.
9. - Content of the information
a) INKAHOSTING will not have responsibility some by the content and the information that the CLIENT lodges in our servers, despite the previous thing, INKAHOSTING, will be able to put term to the present service and at any time, if in his opinion, the information lodged by the CLIENT in our servers attempts against the effective law in, the moral and moral convention, or affects third people, including the shipment of not asked for massive post office (SPAM).

b) In event that detects Phishing, that is to say, that one crime cybernetic that is committed by means of the use of a type of social engineering to try to acquire confidential data of fraudulent form (as it can be a password or detailed information on credit cards or another banking information), INKAHOSTING will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during 02 times in an equal period to 01 year, the domain of servers being INKAHOSTING, released of any responsibility will be eliminated automatically.
10. - Licensing of Microsoft programs in Dedicated Servers:
According to the new policies of licensing of Microsoft all the licenses of Microsoft that a dedicated Servant needs to use will have to be given by INKAHOSTING.cl. It is absolutely prohibited that the client uses own licenses to operate with dedicated servers rented to INKAHOSTING.pe.
INKAHOSTING.cl always will have access to the servant to verify that the contracted licenses of Microsoft adjust to which the client is using. In case of detecting a Microsoft license that is not given by INKAHOSTING.pe the servant it will be suspended until regularizing the situation.
11. - Suspension of the service:
Anyone of the following conducts or execution of the following processes is prohibited and are causal of immediate suspension of the services:
a) Shipment of massive mail or Spam, or in intentional form or by infection of virus of some terminal of the client.

b) Detection of Phishing, or intentional or default of the safety measures of its programming of the client in its website.
12. - Greater force
INKAHOSTING will not have responsibility by cause that constitute or they are due to greater force, as it defines it the legislation.
For these effects they will be considered as force majeures or act of God, among others that they are of similar nature, the following: war; commotion; Lock out; he idles legal or illegal; robberies to our facilities, earthquake, flood, other acts of the nature and generally, all act other people's to the will of the parts, that prevents the fulfillment of the agreed to obligations, despite to have used the maximum diligence.

If such circumstances happened, INKAHOSTING will inform to the brevity to the CLIENT. As soon as they are solved the problems happened as a result of the constituent facts of force greater or act of God INKAHOSTING will reestablish the service of lodging of data.

12. - Advance term of the contract:
They are causal of anticipated completion of the contract:
a) the complete and opportune nonpayment of the price agreed by the services
b) Anyone of the following conducts or execution of the following processes is prohibited and are causal of term of the services:
b.1) To send massive mail or Spam more than 2 times in the period of a year.
b.2) Detection of Phishing in the website of the CLIENT more in one go in the period of a year.
b.3) abusive Behavior against the personnel: Any abusive behavior, abusive language or threats against any member of the INKAHOSTING personnel will not be tolerated.
c) the breach of anyone of the other obligations established in the present document.
The notification of the advance term of the contract by some of the causal ones described in this clause, authorizes the exercise of the legal actions to compensate the damages that originate the breaches, anyone is its nature with the limitation of the amount established in clause 5.
14. - Communications:
Any warning, notification or another communication that is required to carry out between the parts will be sent by email electronic.
15. - Jurisdiction and Address.
For all the legal effects derived from this document the parts they determine his address to the city and commune of Santiago and to the jurisdiction and by arbitration competition before indicated subject.

SLA contract: availability and responsibility of services for Dedicated VPS and Servers

In INKAHOSTING we guaranteed the availability of network for the dedicated servers and VPS, by means of SLA contract.

Nonavailability of the service by mes* Discount
 
Between 5 and 2 hours 10% discount
Between 24 and 6 hours 50% discount
Between 48 and 24 hours 100% discount
More than 48 hours 200% discount
   

Nonavailability of the service = Time with total losses of connectivity, that will be the passed time since the personnel of technical support has knowledge of the opening of the incidence on the part of the client and until the restitution of the connectivity of the affected servant.

Total losses of connectivity = Impossibility to connect itself to its servant dedicated, VPS or Servant in Housing by means of Ping (Packet Internet Groper) from All the suppliers of ISP. (He does not consider himself lost of connectivity if the client has an IP blockade from his machine)

  With the object of the calculation of the Availability of the Service, the time of duration of the incidence (Tc) will be computed since the personnel of technical support has knowledge of the opening of the incidence on the part of the client by means of a ticket sent to the department of support and until the moment at which INKAHOSTING verifies the restoration of the connectivity.
- The availability guarantee on watch is of exclusive application to the connectivity of the servant.
- The availability guarantee on watch is not of application in case of lack on watch caused by:
  • Software failures.
  • Errors of configuration on the part of the client or similars.
  • Falls of the servant of the client derived from an excessive or erroneous use of the resources of the same or the resources assigned to the same, external attacks, similar and hardware failures or software.
  • Operations of programmed maintenance that have been warned previously via email or in the Web http://WWW.INKAHOSTING
  • works carried out in the servant of the client on the part of the client.
  • Works carried out in the servant of the client on the part of INKAHOSTING ordered by the client.
  • Circumstances other people's to the INKAHOSTING control, including, without limitation, the motivated ones by causes of greater force.
  • They are considered outside the INKAHOSTING control, among others, the following elements or resources:

  • The computer science system of usuario/s
  • Software of navigation or connection and accessories
  • Virus, Trojans, worms or any other hostile, injurious or detrimental software
  • Public switched telephone network, RDSI, frame relay, cable, satellite and any other infrastructure of transport or telecommunications (including the propagation of DNS)

- The availability guarantee on watch is not of application in case the client has failed to fulfill some of the clauses of the present conditions on the basis of whose breach INKAHOSTING (or in case of existing, its supplier) she has decided to deactivate/to suspend/to disconnect the dedicated servant contracted by the client mediating warning, previous or no, according to the urgency and gravity. - To obtain the compensation, the client will have to ask for it to INKAHOSTING in writing passed a maximum of 24 hours since the incidence has been closed indicating: IP of the affected domain, date, aperture time of the incidence and all that one documentation that is asked for by INKAHOSTING.

- The compensation will be realised in the invoicing following to the request and approval of the same on the part of INKAHOSTING.

- The compensations are not cumulative from a month to another one.

- Not the previous thing, the Client accepts that INKAHOSTING cannot guarantee the uninterrupted use of the Services, especially considering that INKAHOSTING must take to end routine tasks of maintenance, repairs, reconfigurations, updates and/or improvements of the Services and in attention to the fact that Internet is a decentralized global network of computer science systems, on which INKAHOSTING does not have the absolute control.

INKAHOSTING reserves the right to temporarily deactivate or to suspend the servant of the client in case it harms integrity, yield or security of the network of INKAHOSTING or their suppliers, mediating warning that could be previous or not according to the urgency and gravity.

For all the services, the Client is the only person in charge of:
  •  The content, use and publication of the information and communications transmitted by means of the Services.
  • Losses or damages that affect to data or archives stored, transmitted or used in relation to the Service or the network of INKAHOSTING or its suppliers
  • Violation or breach on the other hand of any norm that is applicable in relation to the use of the Service, including, among others, the dispositions and codes of self-regulation in the matter of protection of data, protection of the consumers and users, rights of industrial or intellectual property, contents distribution of injurious and illicit contents by Internet or unfair competition, effective at every moment.
  • When it is necessary the use of names of user and passwords of access for the use of all or some of the Services, the Client takes responsibility of the confidential treatment of the same, their exclusive use by the Client and of a fraudulent use of the same by third parties as a result of the lack of diligence or confidentiality in the safekeeping of the same by the Client.
For all the services, the Client is responsible before INKAHOSTING and she commits herself to compensate to him by all the damages, I interest and denunciations in which this last one could she turns affected by a demand or claim of a third party interposed as a result of an infraction of the Client of the obligations that emanate generally of the present contract and, given the condition of INKAHOSTING intermediary, of which it is not direct consequence of a INKAHOSTING breach of his legal or contractual commitments.

Force majeures or act of God will be considered as, without limiting character, the delay, failure, suspension or interruption of the Services as a result of the restrictions of energy, blockade of the telecommunications or the Internet network, action or omissions of third people, operators of telecommunications or provision, maintenance companies or transport or any other cause or independent circumstance of the INKAHOSTING will that prevents the normal execution of the present contract.