CLAUSE FIRST. - PERSON APPEARING
Quito dated ........................................, we agree upon celebrating the present Contract of HOSTING (LODGING) of a Website, in agreement with the Terms and Conditions that more ahead are detailed:
On the one hand the gentleman .......................................................................... with number of Certificate # ......................................................, that as of this moment denominated it User, on the other hand the gentleman .........................................................., as Legal Representative of Temahost, that denominated simply Temahost here to him, that it frees and voluntarily we have decided to celebrate this Contract of Benefit of Services.
CLAUSE SECOND. - ANTECEDENT
Temahost is Internet service provider (ISP), offering the best Service of Hosting, E-mail, Registry of Domains, Electronic Commerce and Design of Webpages.
Our Infrastructure and Our Servers provide trustworthiness and power with quality standards, always maintaining a connection from access to their site without interruptions.
CLAUSE THIRD. - OBJECT
When the User as Natural or Legal Person, who previous accepted request, indicates their will To lodge Information in Our Servers, she counts on the following Advantages:
A). - To assign to a Space in Disc and the Lodging of a Website with own information and certified by the Contracting User of the Service.
B). - To assign to the User Cuentas of E-mail of its Service (Plans).
C). - To assign to the User Acceso Vía Web of Cuentas of E-mail of the Service (Plans).
D). - To assign the Characteristic Outpost of Statistical analysis of accesses to the pages of the Website of the User.
E). - To assign Uso of the FTP so that the User can enter his Information in our Servers.
F). - To assign the Amount of respective Subdominios for each Service (Plans) Contracted by the User.
G). - To register the Domain provided by the User to its Name.
H). - To assign to the User the Control Panel for a optimum handling of its Service (Plans).
I). - Support and Service to the Client the 24 Hours of the Day.
J). - The Service of Hosting offered by Temahost supports Webpages in Format Flash, or archives of Audio that the User can include in his Website, as long as he did not attempt with the exposed thing in numerals three and five of the Clause Object.
However, in the same way, el Usuario declares that he knows, accepts and he is committed to fulfill the following Conditions on watch:
1. - Temahost reserves the right to suspend any account that fails to fulfill with the requirements and specifications of Lodging for the Service of Hosting.
2. - All the services granted by Temahost could be used only and exclusively when the intention of the same does not violate it express or tacitly no norm or right anticipated in the Ecuadorian Legislation.
3. - The User commits himself to include own information, assuming all responsibility of the contents published in his Website and abstaining to include illegal content, property of a third party or that cause damage and harm any Natural or Legal Person.
4. - This specifically prohibited the Storage, transmission or exhibition of pornographic, erotic or sexual material.
5. - This specifically prohibited the storage, transmission or exhibition of music protected under rights of author independent of the used format.
6. - This specifically prohibited the cracks, program storage or serial number of programs of property of third parties protected by the Legislation of Industrial or Intellectual Property, not to pick up or to use personal data of other users without its consent or so that they harm the forecasts of the effective Legislation in the matter of protection of personal character data and generally not to use the Service of bad faith for the accomplishment of any practices prohibited by the law or rejected by the mercantile uses.
7. - Before any litigation that could happen between the User and Temahost due to Served, it will be felt sorry before the courts of Quito – Ecuador, with express resignation to any other charter that could correspond to the parts.
8. - the Temahost Web servers could be located in any geographic situation.
9. - Temahost does not take responsibility of which to the User it goes to him excellent or terrible in the business that can have begun through the Services of Hosting, connection and/or promotion.
10. - All that one User who modifies or erases some file that does not belong to its account, it will be denounced, and it will be come to retire his account of the servant without right to return of no rate, like this prohibited the abuse and to use programs that can overload the operation of the Servers.
11. - Temahost will not become person in charge of the direct and indirect damages caused by misfortune, acts of government, insurrection, uproar, civil disturbance, electrical service, or by interruptions caused by an intermediary network of private work on which the traffic of the Web server of the client is carried out and towards the Servant provided by Temahost.
12. - If a website exceeds the quota of disk storage or the assigned monthly transference, it will be suspended automatically until the following month, unless the request on the part of the User takes place to contract to the packages of disk storage clearly detailed or additional monthly transference in the plans.
13. - The User certifies that he is greater of 18 years. It is the contract in his totality, it is not possible to be changed of verbal way, any alteration, modification, or resigns to anyone of the dispositions of this Contract will not be been worth unless he is expressed of way written and accompanied by the handwritten signature of both parts.
CLAUSE FOURTH. - TERM OF THE CONTRACT AND FORM OF PAYMENT
The term of the present Contract will be of a Year that is to say, twelve months as of the date of subscription of the same, in case of not existing notification of the parts will be understood that it is renewed automatically by an additional Year.
The payment of the Service of Lodging of the Website of the User would be realised through cash or Banking debit, by means of a Checking account, of Savings, Credit card or Con Invoice, by the detailed value clearly in the Plan, is this Monthly or Annual one, in which already 12% of the agreed IVA to the Law are included.
When the User is delayed in his payments I know will come from the following way:
- 7 Días de Retraso decontamination of Access telnet/FTP.
- 15 Días de Retraso Total decontamination of its Cuenta.
CLAUSE FIFTH. - ANTICIPATED COMPLETION
If anyone of the parts wished to finish early the term of the present Contract would notify to the other part with 30 days of anticipation and would cancel a rate by this concept that will be 10% of the total value of the Service.
CLAUSE SIXTH. - ACCEPTANCE AND RATIFICATION
The parts ratify in each and every one of the previous clauses to be according to their interests and sign in act unit.
In case of existing controversies the parts are put under the judges of the civilian of Quito having resigned charter and address.
Signed in Quito, ..........................................