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1.
El presente Acuerdo de Servicio tiene por objetivo definir tanto
los derechos cómo las obligaciones de Miniwatts
cómo del cliente.
2.
Miniwatts (el "Proveedor") se compromete a brindar el servicio de
hospedaje en Internet (web hosting) al cliente. Los
términos y las condiciones del servicio, las normas y los
precios que aparecen escritos en el sitio web de Miniwatts
(http://www.exitoexportador.com) constituyen el Acuerdo y el
único contrato (collectively, the "Service Agreement")
between Miniwatts and the Customer (hereby defined as one who has
an account with Miniwatts for the Service, including Customer's
designated users with respect to the Service) and supersede all
other communications and agreements with regard to the subject
matter hereof.
3. Miniwatts reserves the right to modify this Service Agreement
or prices, and may discontinue or revise any or all aspects of
the Service in its sole discretion without prior notice.
4. Customer agrees to indemnify Miniwatts against any liability
for any and all use of Customer's account. Furthermore, Customer
agrees to indemnify and hold Miniwatts harmless from any claims
and expenses, including reasonable attorney's fees, related to
Customer's violation of the Service Agreement or Customer's
direct or indirect damage to another party.
5. Customer is responsible for and must provide all telephone
and other equipment and services necessary to maintain customer's
account remotely through FTP accounts.
6. Customer agrees that he/she is at least 18 years of age. If
the customer is not at least 18 years of age, a parent or
guardian's name must be put on the account and will be
responsible for payment and Web Site content. If a minor (a
person under the age of 18) obtains an account through Miniwatts
without parental approval, this agreement does not become
void.
7. CUSTOMER EXPRESSLY AGREES THAT USE OF MINIWATT'S SERVICE IS
AT CUSTOMER'S SOLE RISK. NEITHER Miniwatts NOR ANY OF ITS
INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
Miniwatts OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS,
EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT.
NEITHER Miniwatts NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT
OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES
THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL
THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE
SERVICE.
8. This Service Agreement is made in Bogotá, Colombia,
and shall be governed by and construed in accordance with the
laws of said country. Any cause of action of customer or its
designated users with respect to the Service Agreement must be
instituted within six (6) months after the claim or cause of
action has arisen or be barred.
Acceptable Use Policy
9. El servicio de Miniwatts solamente se puede utilizar para
fines honestos. La transmisión, distribución, o el
almacenaje de cualquier información, datos, o material que
viole las leyes y regulaciones de los Estados Unidos de
América está prohibido. This includes, but is not
limited to, material protected by copyright, trademark, trade
secret, or any other statute. Miniwatts reserves the right to
remove such illegal material from it's server immediately.
Miniwatts expressly forbids anyone from using Miniwatts 's
servers for the propagation, distribution, housing, processing,
storing, or otherwise handling in any way lewd, obscene, or
pornographic material, or any other material which Miniwatts
deems to be objectionable. The designation of any materials as
such described is left entirely to the discretion of
Miniwatts.
10. Miniwatts does NOT allow sites that provide points of
distribution, or 'links' to the following types of sites:
A. Pirated Software (Warez) - Any software that is copyrighted
and not freely available for distribution without cost. ROMs, ROM
Emulators and Mpeg Layer 3 files (MP3) all fall under this
jurisdiction.
B. Hacking / Phreaking - Includes sites with material, links, or
resources for Hacking, Phreaking, Viruses, Anarchy, or any type
of site that promotes the destruction or compromises the
integrity of Miniwatts.
C. Adult Sites - Any erotic or pornographic material, links to
adult sites, or advertisements for adult sites.
11. Copyrighted material must not be placed on Customer's
account without the permission of the owner(s) or person(s) they
specifically authorize. Only the owner(s) or such authorized
person(s) may upload copyrighted material to the account.
12. Miniwatts strictly prohibits e-mail harassment, whether
through language, frequency, or size of messages. Forging of
header information is not permitted. Miniwatts does not allow
unsolicited e-mail. This includes "Spamming" and "Bulk Mail" sent
to persons who have otherwise not requested to receive such
mail.
13. Any Customer that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage, and network
resources) will result in immediate account suspension. The
Customer will then be requested to either reduce the resource use
to an acceptable level or pay for the additional hardware or the
resource needed to compensate. Miniwatts shall be the sole
arbiter of what is considered to be a high server usage
level.
14. Any Customer in violation of system or network security is
subject to criminal and civil liability, as well as immediate
account termination. Examples include, but are not limited to the
following: Unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic.
Interference with service to any user, host or network including,
without limitation, e-mail bombing, flooding deliberate attempts
to overload a system and broadcast attacks. Forging of any TCP/IP
packet header or any part of the header information in an e-mail
or newsgroup posting.
15. Customer agrees not to publish on or over its account any
information, software or other content which violates or
infringes upon the rights of any others or which knowingly
contravenes the laws of any jurisdiction in which such content is
generally accessible.
16. Use of illegal or copyright material on any Web page or
other distribution mechanism used in conjunction with the
Customer's account, will result in termination of this Service
Agreement. Illegal material is defined as any material not
permitted under United States local, state or federal laws. If
"illegal material" was submitted by a client of the Customer
without Customer's knowledge, this Service Agreement will remain
in effect if the Customer removes the "illegal material."
Any use of Miniwatts 's systems that disrupts the normal use of
the system for other Miniwatts customers is considered to be
abuse of Miniwatts services and is grounds for termination of
this Service Agreement. Some examples of abuse include (not
limited to) spawning dozens of processes, consuming large amounts
of memory or CPU cycles for long periods of time, attempting to
access other Customers' account areas, or conducting provocative
activities such as mass e-mailings (spam) which may result in
retaliatory actions against Miniwatts's systems.
17. Depending upon the nature and severity of any abuses, the
Customer may receive an e-mail warning detailing the nature of
the abuse. If the abuse of services is not terminated within one
(1) day, a final e-mail will be sent to the customer formally
requesting termination of the stated abuse. Customer then must
terminate stated abuse within one (1) day, otherwise the Service
Agreement will be terminated. Any reconnection of a terminated
account will require a reconnection fee.
18. If, in Miniwatts 's sole discretion, the nature and severity
of any abuses is severe enough, Miniwatts may terminate the
Service Agreement immediately without written notification prior
to termination. This may also be subject to a reconnection fee,
however Miniwatts reserves the right to deny all future access
upon termination.
19. Miniwatts' Service may not be resold by the end-user.
20. Violation of any of Miniwatts 's rules and regulations could
result in a warning, suspension, or possible account
termination.
21. Miniwatts reserves the right to suspend or cancel a
Customer's (hereby defined as one who has an account with
Miniwatts) access to any or all services provided by Miniwatts
when Miniwatts decides that the account has been inappropriately
used.
Payment Policy
22. Customers located outside of the United States or Canada
must use a system of payment issued within the United States.
23. Miniwatts' 30-day Money-back Guarantee does not apply for
Dedicated Servers, Co-Located Servers, DSL Internet Access,
Merchant Accounts, or any fees associated with these
services.
24. Full payment is due each anniversary period following the
date the account was established. The Setup fee and Monthly fee
are due on the first anniversary date, and the monthly fee is due
on every subsequent anniversary date. The Customer is responsible
for all money owed on the account from the date it was
established to the date it is terminated.
25. Requests for cancellation (termination of service) must be
either submitted through the control panel provided by Miniwatts,
no other system of cancellation will be accepted. The date of
cancellation request will not be used as date of cancellation. A
representative of Miniwatts must confirm all cancellations prior
to a cancellation date being set and followed through.
26. Customer shall pay the monthly fee, and any charge for
additional services under the terms of this Service Agreement,
within seven (7) days of invoice. Invoices and receipts will be
sent to the Customer via e-mail. Customer may not withhold or
"setoff" any amounts due hereunder. Miniwatts retains the right
to withhold service without prejudice until all amounts
determined delinquent are paid in full. Any late payment shall be
subject to any costs of collection (including but not limited to
legal fees).
27. Accounts which are delinquent will be placed on
"administrative hold" or suspension and may not be used or
accessed. Any account that is delinquent for seven (7) days will
have all files purged from all Miniwatts servers. Customer's
account will continue to accrue charges while on "administrative
hold" or suspension.
28. Any Customer whose services are terminated or suspended will
be asked to pay a reconnection fee to restart the account.
Reconnection fee for suspended accounts is $25.00. Reconnection
fee for accounts that have been terminated is $45.00.
29. For payment via Credit Card, accounts will be automatically
billed on a monthly, quarterly or yearly basis to the card number
on file unless notified otherwise. E-mail notification of payment
will be sent to the Customer via e-mail on that anniversary
payment date. All credit card payments will be billed on the date
due, the e-mail notification is solely a courtesy e-mail. In the
event that a credit card does not clear with the Customer or
cardholder's bank, the Customer will be notified via e-mail. Past
due accounts that are not brought current within 7 days of e-mail
notice are subject to suspension or possible account
termination.
30. Customer's agree that the first name, last name, street
address, and zip/postal code provided for their account profile
is the same as the cardholder's for the Credit Card being used
for payment of the account.
31. For payment via Check or Money-Order, orders will be
fulfilled within 1 business day upon receipt of payment. E-mail
notification will be sent 10 days prior to payment due date.
Checks returned unpaid (NSF) will be accessed a $15.00 service
charge. Past due accounts that are not brought current within 15
days of the e-mail notice are subject to suspension and possible
account termination.
32. There will be a $20.00 processing fee for each returned
check.
33. There will be a $50.00 processing fee for all illegitimate
credit card chargebacks.
34. ALL INTERNATIONAL PAYMENTS MUST BE IN US CURRENCY.
35. Legal notices sent to either party shall be effective when
delivered by mail, transmitted by telecopier ("fax") machine, one
(1) day after being sent by overnight mail or "fax," or two (2)
days after being sent by first class mail postage prepaid to the
address shown. This information is subject to change without
prior notification.
Miniwatts de Colombia Ltda.
Transversal 127-14, Oficina 602
Bogota, Colombia
Phone: (57)-(1)-274-1265
FAX: (57)-(1)-614-6007
Terminación
36. Miniwatts reserves the right to cancel service at any
time for any reason. All fee paid in advance of cancellation will
be pro-rated and paid by Miniwatts if Miniwatts institutes it's
right of cancellation. If cancellation is caused by customers
violation of these policies, then no refund will be
disbursed.
37. Customer retains the right to cancel use of Miniwatts'
Service at any time through written, e-mailed (must be followed
by a faxed or written request) or faxed notification. Requests
for cancellation must be received at Miniwatts' main office. All
Miniwatts accounts must be paid in full before the cancellation
transaction will be considered complete.
38. All cancellation requests must include the following
information to be valid; Primary Contact of the account, account
name, reason for cancellation, current account password, and last
4 digits of credit card on file. If payment was made by Check,
Money-Order, or Bank Transfer, the Zip/Postal Code of the primary
contact must also be included.
39. All accounts are cancelled at the end of the current billing
period unless a date of cancellation is specified.
40. Refunds made by Miniwatts for all payment systems (including
Credit Card, Check, Money-Order, and Bank Transfer payments) will
be fulfilled via check. Miniwatts will recognize no other systems
of reimbursement and reserves the right to do so.
Service Disclaimer
41. Miniwatts acknowledges and agrees that in the course of
dealings with Customer, it may acquire information about
Customer, its business activities and operations, its technical
information and trade secrets, of a highly confidential and
proprietary nature. Miniwatts agrees that title to all such
information and related materials shall remain with the Customer.
All applicable copyrights, trade secrets, patents and other
intellectual and property rights in such information and related
material are and remain in the property of the Customer. All
other aspects of the information and related material, including
without limitation, technologies, procedures, programs, methods
of processing, all source code, conversions, enhancements,
databases, templates, specific design and structure of individual
programs and their interaction and unique programming techniques
employed therein as well as screen formats shall remain the sole
and exclusive property of the Customer and shall not in any way
be sold, revealed, disclosed or otherwise communicated, directly
of indirectly, by Miniwatts to any person, company or institution
whatsoever other than for the purposes set forth herein. It is
expressly understood that no title to or ownership of such
information or any part thereof is hereby transferred to
Miniwatts.}
42. Any customer lists and/or other information concerning the
Customer's clients are the sole and exclusive property of the
Customer. Miniwatts shall not for any reason whatsoever, directly
or indirectly, solicit the trade business of any of the clients
or prospective clients of the Customer with respect to any of the
services, products, trade secrets or other matters of the
Customer. In addition to maintaining confidentiality of all
matters as imposed herein above, Miniwatts agrees to keep in the
strictest of confidence any information acquired by Miniwatts
during the course of its dealings with the Customer about any of
the Customer's clients, including but not limited to contents of
related databases, credit and credit card information.
43. Nothing contained herein shall be construed to place the
parties (Customer and Miniwatts) in a relationship of partners,
agents or joint ventures. Neither party shall represent itself as
the agent or legal representative of the other party for any
purpose whatsoever and shall have no power to obligate or bind
the other party in any manner whatsoever.
44. If any clause herein shall be found to contravene any law or
ordinance in whole or in part, it shall be severed from the
Agreement. The balance of the Agreement shall continue in full
force and effect.
45. Each party (Customer and Miniwatts) to this agreement
represents that it has all necessary rights and authority to
enter into the terms of the Agreement and is in compliance with
all federal, state and local laws governing this transaction.
46. Miniwatts is not responsible for files and data residing on
Customer's account. Customer agrees to take full responsibility
for files and data transferred and to maintain all appropriate
backups of files and data stored on Miniwatts servers. Miniwatts'
tape back-up system is in place primarily as a disaster recovery
system in case of a server crash or some similar catastrophe and
should not be relied upon as Customer's sole source of backup
protection.
47. Miniwatts is not responsible for any damages your business
may suffer. Miniwatts makes no warranties of any kind, expressed
or implied for services we provide. Miniwatts disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
Miniwatts and it's employees. Miniwatts reserves the right to
revise it's Service Agreement at any time without prior
notification.
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