¡Attention! Please read this document carefully before subscribing any service with Hosthunder.com
This document contains the terms and conditions under which HOSTHUNDER provides its Internet site hosting services (web hosting). In this sense, and in accordance with the legislation in force in the Republic of Chile, it constitutes a true contract between you (THE CLIENT) and HOSTHUNDER that, when accepted, will give rise to a series of rights and obligations that will be detailed below.
Prior to contracting any service, THE CLIENT must accept all the terms included herein as a necessary condition for the provision of the same.
In this sense, whoever requires a service provided by HOSTHUNDER, must abide by the provisions set forth herein, together with those complementary or accessory guidelines issued by HOSTHUNDER, made known to customers through the site www.HOSTHUNDER.com; and those that arise from the different national and international legal regulations whose application corresponds.
In the event that THE CLIENT does not accept, or does not agree to the provisions of any of the documents indicated in the preceding paragraph, HOSTHUNDER will not be obliged to provide services.
In addition to these terms and conditions, each service or product may provide, where appropriate, specific provisions, to which those who make use of those services or acquire such products must be subject. Said documents may complement, modify, or suppress part of what is set forth herein, and in those cases they must adhere to the provisions of the former.
They will only be able to acquire the services provided by HOSTHUNDER, who in accordance with the legislation in force in their place of residence can validly issue their consent to enter into contracts. Those who, according to the aforementioned legislation, do not have this capacity, may only contract through their legal representatives, who will be held responsible for all acts carried out by the incapacitated persons in their charge.
Throughout the territory of the Republic of Chile, people are reputed to be fully capable when they reach the age of 18, or when they are emancipated without being 18 years of age.
In the event of acting on behalf of a legal person, THE CLIENT must have sufficient powers to contract on behalf of the invoked entity and to bind it under the terms of this contract. If THE CLIENT does not have such powers, or acts in excess of them, it will be understood that he has also committed himself in a personal capacity.
For the purposes of contracting the services, the information provided by THE CLIENT must be reliable, and will have the character of an affidavit. When the information provided does not meet the real circumstances of the person providing said information, such CUSTOMER will be considered in breach of this contract, being responsible for all damages suffered by HOSTHUNDER or third parties as a result of such lack of veracity.
It is the responsibility of THE CLIENT to keep the personal information provided updated as necessary, and must notify HOSTHUNDER whenever there are changes in relation to it.
HOSTHUNDER reserves the right to request any additional proof and / or data in order to corroborate the data of THE CLIENT, as well as to temporarily or permanently suspend those clients whose data could not be confirmed.
THE CLIENT will be responsible for all operations carried out through his personal account, and must notify HOSTHUNDER immediately and by suitable and reliable means, of any unauthorized use of his account, as well as the entry by unauthorized third parties to it.
In all cases, and in accordance with the Data Privacy and Confidentiality Policy maintained by HOSTHUNDER, the personal information provided by customers will be subject to adequate treatment and preservation, safeguarding its privacy.
By virtue of the provisions of current legislation, the Client will have a period of ten (10) business days from the date of contracting to notify HOSTHUNDER of their willingness to unilaterally withdraw their request for the provision of web hosting services.
HOSTHUNDER reserves the right to accept or reject, at its sole discretion and without the need to invoke any cause, the requests for services that it receives from potential clients through the web forms created for this purpose. It will be understood that the request for services has been accepted when THE CLIENT receives, via email, a confirmation of said acceptance from HOSTHUNDER. The silence, the absence of notification to the eventual client, or the express rejection of the request for services by HOSTHUNDER, will imply that there is no formation of any contract between THE CLIENT and HOSTHUNDER, and therefore the absence of any legal effect derived from it. , and the parties expressly renounce any judicial or extrajudicial claim that may take place from said circumstance.
Once the service request has been accepted by HOSTHUNDER, THE CLIENT will receive by email the access data and passwords to start managing their web hosting account instantly.
THE CLIENT will have, once their account has been validated, a username and password that will allow them personalized, confidential and secure access to their personal web hosting account. The services provided by HOSTHUNDER have been conceived for the personal use of the CUSTOMER, therefore the username and password to access the account, granted by HOSTHUNDER may only be used by him, being prohibited their use by another person other than him . THE CLIENT will assume the obligation of keeping and custody of his username and password to access the account, as well as the passwords related to emails, FTP accounts, databases, additional users, etc., and must immediately inform HOSTHUNDER when they have lost their status of confidentiality.
The web hosting service or hosting of internet sites provided by HOSTHUNDER constitutes a set of facilities that allow storing information, images, video, web page files, or any content accessible via the web, on the servers for that purpose provided by HOSTHUNDER.
The main benefits promised by HOSTHUNDER in its web hosting service, basically are:
To these benefits are added those that respond to the characteristics of the contracted plan.
HOSTHUNDER will make the information and files that are stored by THE CUSTOMER accessible through the Internet in the space granted. In no case will HOSTHUNDER supply or provide the CUSTOMER or third parties with the necessary connectivity so that they can access the SYSTEM from their respective location. The facilities of Internet access of THE CLIENT or third parties, will be at the sole discretion and responsibility of them, and in no case may the responsibility for the proper functioning of these services be transferred to HOSTHUNDER.
The services are divided into different plans according to the benefits and characteristics offered, which may be selected by THE CLIENT according to their needs.
and Reseller Plans
Resources are defined as disk space, bandwidth, and/or computing resources (CPU, memory, disk). HOSTHUNDER offers a shared hosting service in which clients in the environment can share resources with other clients, therefore, it is imperative that HOSTHUNDER controls any excessive use of client resources so that they do not disturb the quality of service of other clients that use the same resources.
A hosting account is considered in violation of the use of “excessive amounts of resources” when 100% of 1 CPU core is consumed, and/or 1 GB of memory and/or 20 simultaneous connections. There are numerous issues that could cause such problems, including but not limited to: CGI scripts, FTP, HTTP, etc. To avoid service interruption for other clients, a hosting account that exceeds the included computing resources will automatically slow down during the time as resources are being overused.
HOSTHUNDER will use reasonable efforts to notify customers prior to suspension, however, HOSTHUNDER may suspend any offending hosting account before notifying the customer of the account causing or may cause the interruption of service to other customers. THE CUSTOMER who is using “excessive resources” may request to improve his plan, whichever is the most suitable, for the best performance in his hosting service, virtual private server or dedicated server. HOSTHUNDER will be the sole and final arbiter as to what constitutes a violation of this policy. THE CLIENT has access to his use of unlimited resources within his control panel, solely for the operation of his website.
¿What do you mean by “unlimited disk space, bandwidth / data transfer, etc”?
We do not set limits on disk space and bandwidth (data transfer), or other resources according to the plan in which we offer resources marked as “unlimited”. We want you to have the resources available so that you can build a great online presence.
Even though we want you to be successful, we have to ensure that we are offering all of our customers optimal service. As such, we require all our clients to strictly comply with our policies and conditions, to take care of the excessive use of resources and to use the disk space and bandwidth or the resource in question in relation to the normal operation of a personal website. or small.
If a client’s hosting account is found to have violated the policies of terms and conditions, with the use of excessive resources and / or storing files for backup purposes, the contents will be deleted and as well as we can do our best To contact clients before running, it can also happen without prior notice.
The services offered by HOSTHUNDER may be used by THE CLIENT exclusively for lawful purposes, expressly prohibiting the transmission, storage, publication or display of Information that violates the provisions of current legislation, injures the rights of third parties or promotes any activity contrary to morality and good customs, whether it occurs directly or through the presentation of links to other websites.
The CLIENT agrees to use the email service provided, within a framework of adequate reasonableness, without incurring its abusive use. It will be abusive use, among other things: i) that harms third parties or affects the quality of service provided by HOSTHUNDER; ii) the use of the virtual mail server and email addresses for the purposes of spamming, spoofing, trolling, mailbombing and / or any other similar. Spam is understood to be the massive sending of unsolicited email, without regard to the characteristics of its content (advertising, propaganda, sale, information, etc.).
Except for the express consent of HOSTHUNDER, any massive sending of email, whether or not said email is requested by the recipients, regardless of its content, is prohibited. It is understood that an email sending is massive when a user sends 100 or more emails within 60 minutes and/or when they send 1000 or more emails in the same day.
THE CUSTOMER may not use HOSTHUNDER’s communication resources, including false sender data, to impersonate another person or falsify the authorization to act on behalf of others or HOSTHUNDER. All messages transmitted via HOSTHUNDER must correctly identify the sender; THE CLIENT must not: alter the attribution of origin of e-mail messages, use or contain invalid domain names or those belonging to third parties, include any other information or procedure that is intended to deceive the receiver as to the origin of the message and/or its actual content.
In accordance with the preceding provisions, any use of the services that has as a direct or indirect result, injuring the rights of third parties, contravening the legal order or constitutes an offensive practice to public decency, will be considered as PROHIBITED USE of the services, as long as it transgresses the purposes for which it was provided.
It will be considered as PROHIBITED USE, among others, the fixing, propagation, and reproduction of information, expressions, messages, photographs, images, computer files, links to web pages, and any other element, current or that is developed in the future, that:
Any action or use of devices, software, or other instruments tending to interfere both in the activities and operations of HOSTHUNDER, as well as in the accounts or databases of other clients, is illegal. Any interference, attempt or activity violating or contrary to the laws on: computer crimes, confidentiality of information, protection of personal data, inviolability of communications, intellectual property, and/or the prohibitions stipulated in this document will make your person responsible for the pertinent legal actions, and the sanctions provided for in this agreement.
THE CLIENT may not, in any case, by using any of the services that HOSTHUNDER makes available, carry out actions that imply the violation of the rights that make up the intellectual property of third parties. In that order, the fixation, dissemination and reproduction of material protected by copyright, by an invention patent, by a utility model, by trade secret, etc. Without express authorization from the owner of the rights, it will be considered a PROHIBITED USE, and the CUSTOMER who has infringed such rights will be fully responsible for all damages that the owner may experience, keeping HOSTHUNDER free from any impairment. that has been suffered as a result of the claims filed by the owner of the infringed intellectual property rights.
HOSTHUNDER also informs THE CLIENT that the inclusion of music on the Internet sites, as well as the inclusion of musical works for online reproduction from the site or for download, necessarily require payment of the corresponding copyright fees.
Without prejudice to the legal actions born at the head of HOSTHUNDER or third parties, when the use of the services, carried out by THE CLIENT can be considered by HOSTHUNDER as PROHIBITED USE, HOSTHUNDER will take the measures that they consider appropriate according to their exclusive criteria, reserving the right to delete the content of THE CLIENT’s website or make it inaccessible to third parties from the moment they consider that there is information not permitted by virtue of this contract or current regulations, subsequently notifying THE CLIENT. In the event of demonstration that the content hosted does not violate the provisions of this agreement, HOSTHUNDER will replace said information without implying any obligation to respond for damages.
The breach by THE CLIENT of the provisions of these PUAs will also give HOSTHUNDER the right to unilaterally resolve the provision of the service, without prior notice or the right to any compensation to THE CLIENT.
HOSTHUNDER may introduce all the changes and modifications that it deems appropriate at its sole discretion, on these terms and conditions, and / or on the services and / or the way in which they are provided, at any time and without prior notice, just publication of the changes made on the site www.HOSTHUNDER.com. To this end, THE CLIENT must periodically enter said site, and become aware of the modifications. In the event that THE CLIENT does not agree with the modifications, they must communicate by email the rejection of them within 10 days of their publication on the site or of the receipt of the communication to THE CLIENT; In this case, the link will be dissolved and your account will be terminated. Once the period of 10 days has expired without the CLIENT expressing his rejection, it will be considered that he has accepted the changes made without reservation.
HOSTHUNDER makes its best efforts to maintain and improve the quality of its services, however it does not guarantee the continuous and uninterrupted provision of its services. The computer systems on which the web hosting services depend may eventually be unavailable due to technical difficulties or connectivity failures, or for any other circumstance beyond HOSTHUNDER. For its part, THE CLIENT acknowledges and accepts that viewing and accessing the Internet sites, applications and/or files, which are hosted in the space located at HOSTHUNDER, is only possible thanks to the infrastructure of third-party resources such as providers. Internet connection, software and hardware providers, interconnection nodes, data carriers, electricity providers, etc., over which HOSTHUNDER has no control. In knowledge of this, THE CLIENT expressly waives to claim any repair based on the subjective or objective responsibility of HOSTHUNDER for failures, slowness, and/or errors in access and use of the service, due to connectivity problems, communications, failures or breakdowns in computer systems or other possible contingencies.
Nor will HOSTHUNDER be responsible in case of interruption of the service or deficiencies in its provision when this is a consequence:
Notwithstanding the provisions of the preceding point, HOSTHUNDER will endeavor to achieve a monthly availability of 99% of its service under normal conditions. This degree of availability is a monthly average, and will be calculated and determined exclusively by the monitoring systems of HOSTHUNDER or of third parties contracted by HOSTHUNDER. In case the indicated level is not reached due to circumstances whose direct and immediate responsibility falls on the HOSTHUNDER, the CLIENT will have the right to a discount on the service charge for the month after the one with an uptime of less than 99% at his request. ; which will be calculated according to the uptime actually registered, and in no case will it give rise to a reduction greater than 5% of the monthly payment of the contracted services.
Occasionally HOSTHUNDER may temporarily interrupt the storage of Information on its Servers, or its availability by Internet users, for security reasons, or due to restructuring of HOSTHUNDER’s computer resources, aimed at improving its services. storage and making available of information through the Internet. In this case, HOSTHUNDER will ensure that such interruptions affect THE CUSTOMER in a minimal way. HOSTHUNDER will not be liable for the damages caused by said interruptions, if they have been previously communicated to THE CLIENT.
HOSTHUNDER informs THE CLIENT that, being the information and other files in computer systems, these under certain conditions, or as a result of certain actions, may collapse or fail, and as a result there may be total or partial losses in the information and files of THE CLIENT. Consequently, THE CLIENT expressly acknowledges that the use of the service is at its sole risk, fully assuming the responsibility of periodically making backup copies or backups of the files and/or information that resides in its account. HOSTHUNDER will not be liable in any case for losses caused by the deficiency or non-existence of backup copies.
Without prejudice to the obligations assumed by THE CLIENT, HOSTHUNDER will try to make its own backup copies, but in no case does it guarantee the total replacement of the information and/or files in the CLIENT’s account.
The misuse of the hosting service and incorrect handling by THE CLIENT, will expose that their dissatisfaction does not correspond to the service provided by HOSTHUNDER, from this, no refund of money is made, due to the inexperience of THE CLIENT and misuse of the service. Therefore, the validity of the guarantee presented in the 30 days is null, if this is the case.
HOSTHUNDER does not carry out audits on the content of THE CUSTOMER’s site/s hosted on its servers. Consequently, THE CLIENT guarantees that in no case, the data hosted on the server will contain material that affects the rights or guarantees of third parties, recognized by the laws of the Republic, be personal, very personal, patrimonial or any information that is considered prohibited under the terms of this contract.
THE CLIENT declares to be solely and exclusively responsible for all the information published through the services of HOSTHUNDER, as well as for all the activity generated on its website. THE CLIENT guarantees that he is the owner of the stored information or that, in any case, he has the corresponding authorization to disclose the Information through the Internet. HOSTHUNDER, will not respond jointly, subsidiary, jointly or alternatively, as a consequence of the violation of the rights of third parties, for the material and/or information on the website/s of THE CLIENT.
The responsibility for the data, files or programs hosted by THE CLIENT on the server is exclusive to THE CLIENT. In the event that any cause liable to legal sanction is incurred, HOSTHUNDER may terminate this contract.
Attention that within the services provided by HOSTHUNDER functionalities such as email, spam filtering (anti spam filter), redirection of email addresses, or where appropriate, the hosted sites may include communication facilities such as instant messengers, electronic message centers, communications through private electronic messages, among others and without this list implying a limitation, THE CLIENT acknowledges and accepts that HOSTHUNDER will have the possibility of controlling the messages that, under any of the suggested forms, may take place in relation to communications directed towards THE CLIENT, or from THE CLIENT towards third parties. In that order, THE CLIENT grants express authorization, irrevocably while the contractual relationship remains in force, to monitor, supervise, intervene, suspend or interrupt their electronic communications for the purpose of filtering spam, electronic mail that incorporates a computer virus or harmful code, spyware, malware, or any other type of circumstance that in principle and on a preventive basis is identified as dangerous, potentially dangerous or unwanted by HOSTHUNDER, as well as for the performance of maintenance or updating of hardware or software.
Given the nature of the tasks to be carried out, HOSTHUNDER undertakes its best effort for the adequate fulfillment of them, however it does not guarantee that such tasks will completely eliminate spam mail, viruses or the other circumstances indicated, nor does it guarantee that in performing these tasks may not affect legitimate or desired electronic communications by THE CLIENT.
Without prejudice to other measures that it deems pertinent, HOSTHUNDER will warn, temporarily suspend or permanently disable THE CLIENT’s account if,
a) Any law, the rights of a third party, public order, morals and good customs, or any of the stipulations of this contract, or the stipulations published on the website www.HOSTHUNDER.com, regarding the services provided will be violated.
b) An authority communicates to HOSTHUNDER that the content of the information published by THE CLIENT could be illegal or harmful to the interests of third parties, HOSTHUNDER reserves the right to suspend the service without prior notice.
c) A third party communicates to HOSTHUNDER that the content of the information published by THE CLIENT affects their rights, priority will be given to this, if they verify that it belongs to them.
d) If THE CLIENT does not fulfill his commitments.
e) If, at the discretion of HOSTHUNDER, fraudulent or malicious conduct or acts were incurred.
f) The identity of THE CLIENT could not be verified or any information provided by the same is erroneous.
THE CLIENT will pay HOSTHUNDER the subscription charges – if any – and the monthly charges, together Price. Subscription charges may be billed from the date of signature hereof. The obligation to pay the charges is independent of the use made by THE CUSTOMER of the service.
The invoices issued by HOSTHUNDER must be paid by THE CLIENT before their respective expiration dates for the payment to be considered on time. All claims related to the invoiced items must be filed by THE CLIENT before the expiration date of the invoice in question.
Failure to pay in term of any invoice will imply the automatic delay of THE CLIENT, without any questioning being necessary. Said delay will generate an interest in charge of THE CLIENT equivalent to the active rate of 20% of the total amount of the overdue invoice.
Likewise, the non-payment of any of the charges attributable to THE CLIENT will empower HOSTHUNDER to terminate this contract by canceling all the services provided. Termination of the contract for this reason will not release THE CLIENT regarding the sums owed at the time it occurs. After 30 days of no response from THE CLIENT to resolve the payments of your overdue invoice, the service and contract will be terminated. Likewise, the information hosted on the service will be eliminated in its entirety.without the need for any interpellation.
Modifications to the Price will be notified to THE CLIENT by publishing the new price in the corresponding payment coupons which are sent by email to THE CLIENT. Said notification will be sent 5 days before the application of the new price. THE CLIENT may choose to continue or end the provision of services. The payment of at least one (1) invoice that includes the new price will imply that THE CLIENT has accepted the same without reservations, and cannot claim any refund.
This agreement will be governed in all its points by the laws in force in the Republic of Chile. Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the courts of Justice of Chile with jurisdiction in the City of Santiago.
All notifications from THE CLIENT to HOSTHUNDER in relation to the contracted services must be made by reliable means to:
for email to: contacto@HOSTHUNDER.com.
All notifications from HOSTHUNDER to THE CLIENT in relation to this contract and/or the services provided must be made in writing and sent either by conventional mail, or by email, at the choice of HOSTHUNDER, using the most up-to-date addresses and numbers of THE CLIENT that are in their power. It will be the responsibility of THE CUSTOMER to notify HOSTHUNDER of all changes that occur in their contact information. For greater security of THE CLIENT, notifications of changes in the contact information must be sent to HOSTHUNDER in writing, via ordinary mail or email.
In the event that any or some of the clauses of this contract become invalid, illegal or unenforceable by virtue of any legal norm, they will be considered ineffective to the extent that it corresponds, but in everything else, this contract will retain full validity.
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