Otras condiciones en inglés

CONDICIONES DE LA RED GuateSitios

No IRC's, BNC's, Eggdrops, Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible. Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

Automatic sign-ups are not allowed. Each new client must be screened and validated to prevent illegal activities on our servers (applicable for resellers only).

ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT GuateSitios'S DISCRETION.

GuateSitios has the right to refuse provision of its services to any individual, company, organization, or entity for any reason whatsoever. GuateSitios reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of GuateSitios that the Customer may be performing activities harmful to GuateSitios or its Customers, employees, vendors, business relationships or any other users of the Internet.

Any attempts to undermine, slander, libel, threaten, swear at, harass, or cause harm to any GuateSitios customer, staff, or the company directly is strictly prohibited and is grounds for immediate termination. In addition, GuateSitios will pursue all attempts to the fullest extent of the law.

Support Restrictions:

GuateSitios will make efforts to support information for configuring popular network/web software to use the internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on GuateSitios's part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Payments:

Accounts will be billed in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. No refunds will be processed without "cause". Accounts are invoiced 24 hours in advance of payment processed. You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 72 hours we will suspend services without further notice. If we are still unable to collect 7 days past payment due date we reserve the right to terminate the account and all files on our services without recourse.

CANCELLATION POLICY:

We offer a 30 day money back guarantee for cause on all hosting and reseller plans. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us, we will be more than happy to give you a refund. Dedicated servers, secure server certificate and domain registration fees ARE NOT REFUNDABLE

a) What if we sign up for 1 year in advance? Is refund available, is it full, prorated or percentage-based?

See above for specific service policies. When offered, the refund is Pro-rated. If you sign up for a year at $120.00 and want to leave after 1 month we will refund $108.00 (11/12's of the purchase price)

b) Is there a timeline where refund eligibility becomes void? No

PRIVACY STATEMENT:

GuateSitios follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click HERE to read the privacy statement.

Acceptable Use Policy (AUP)

Use of GuateSitios service constitutes acceptance and agreement to GuateSitios's AUP as well as GuateSitios's TOS (Terms of Service)

GuateSitios reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of GuateSitios's Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. GuateSitios may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your GuateSitios account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understanding of GuateSitios's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of GuateSitios AUP. If an account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

 Illegal Activities:

GuateSitios's services may not be used for illegal purposes, or in support of illegal activities. GuateSitios reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

 Harm or Endangerment to other people:

You may not use GuateSitios's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use GuateSitios's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Forgery or impersonation:

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

 Unsolicited E-mail, News Bombing (SPAM)

Use of the GuateSitios service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending GuateSitios account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour timeframe will result in the GuateSitios's staff suspending the offending account by whatever means necessary. Should the account become re-activated without the express written consent of GuateSitios, the offending account will be immediately terminated. Anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending GuateSitios account.

 GuateSitios does not allow any safelists or adult sites whatsoever.

 Copyright or trademark infringement:

Use of the GuateSitios service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the GuateSitios service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

 Network disruptions :

Use of the GuateSitios service for any activity which affects the ability of other people or systems to use GuateSitios services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. GuateSitios does not allow the hosting of IRC's, IRC Bots, BNC's or eggdrops on our network. Running programs in the background on a GuateSitios server without GuateSitios.com's prior written authorization, running chat rooms, and mailing lists that send more then 1,000 emails a day and the like are not acceptable uses of GuateSitios.com's servers. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the GuateSitios service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of GuateSitios or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending GuateSitios account is subject to immediate termination.

 System Security:

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at GuateSitios.com or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, GuateSitios.com reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. GuateSitios.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

 Network / Shared System Resources:

GuateSitios accounts operate on shared server / network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of server / network resources in a manner which impairs server / network performance is prohibited by this policy and may result in termination of your account.

System abuse includes any use of GuateSitios.com's resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of GuateSitios.com's system resources is an undue burden on GuateSitios.com's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

GuateSitios will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT GuateSitios $75.00 PER HOUR.

Terms of Service (TOS)

All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

Use of GuateSitios Service constitutes acceptance and agreement to GuateSitios's AUP (Acceptable Use Policy) as well as GuateSitios's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to GuateSitios, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of GuateSitios.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by GuateSitios, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. GuateSitios will provide, and Customer will purchase and pay for, the services, and service fees specified in the order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay GuateSitios any additional fees.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to GuateSitios. Subsequent payments are due on the anniversary date of the month for that month's service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to the setup fee of $10.00 for that service for reconnection. Accounts that are not collectable by GuateSitios will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)

You are responsible for keeping your client email address up to date. If you wish to change your client email address, you must email this change of address to soporte@enmiGuate.com .

Delinquent Accounts:
GuateSitios may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation:
All requests for canceling any service / services must be made with at least 30 days notice but not more than 60 days prior notice and sent by e-mail from the ORIGINAL address used to sign up for services (as a security pre-caution).

Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in GuateSitios's discretion which is valid, under the terms and conditions of our AUP and TOS, will result in service interruption, and reconnection fees to restore the desired service.


Virtual Private Servers / Dedicated Servers

All VPS and Dedicated orders are non-refundable.
This includes any applicable setup fees and subsequent charges regardless of usage.

Anyone hosting web sites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

1. E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending GuateSitios account.

2. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission, originating or passing through the GuateSitios service is in violation of this AUP.

3. Usenet SPAMing:
GuateSitios has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

4. Unauthorized access:
Use of the GuateSitios service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of GuateSitios's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending GuateSitios account is subject to immediate termination.

5. Copyright or trademark infringement:
Use of the GuateSitios service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

The customer understands, acknowledges and agrees that by initial and continued use of the services provided by GuateSitios, hereinafter referred to as "GuateSitios", that he or she agrees to, and is bound by the GuateSitios Digital Millennium Copyright Act Policy.

The customer understands, acknowledges and agrees that GuateSitios may revise policies, agreements and notices at any time without notice and that he or she shall be bound by the policies, agreements and notices as currently posted on the GuateSitios web site which as a whole shall constitute GuateSitios's Acceptable Use Agreement.

GuateSitios is committed to complying with U.S. copyright law and expects all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers") to do the same.

The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet.

Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on Web pages hosted by the service provider.

Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, GuateSitios will remove or block access to the allegedly infringing material. If a Member or user of the GuateSitios Service believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter notice to GuateSitios. GuateSitios will not be a party to disputes over alleged copyright infringement.

This information should not be construed as legal advice to our Subscribers or Visitors. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.

6. Collection of personal data:
Use of the GuateSitios service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

7. IRC:
Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions

8. Network disruptions and unfriendly activity:
Use of the GuateSitios service for any activity which affects the ability of other people or systems to use GuateSitios Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. GuateSitios will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

9. Fraud:
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

10. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

11. Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

12. Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using GuateSitios services could result in suspension service.

13. Third Party Accountability:
GuateSitios subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. GuateSitios will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

14. P2P File Sharing
Nothing such as Kazza or any P2P system may be used on any of our services. Provision of such services will result in instant termination of your account without refund.

15. No Very High CPU Usage Programs Allowed

16. No DDOS.  If you are DoS'ed we reserve the right to suspend your account to limit the attack. If you are found to of caused the DDOS your account may be suspended or cancelled.

17. No Warez

18. No child pornography

19. No provision of free email services

20. No provision of shell accounts

Network Performance
GuateSitios accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of GuateSitios systems or networks. GuateSitios reserves the right to terminate or limit such activities.

 

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