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1.
The present Service Agreement defines the rights and
obligations for Miniwatt's as well as the
customer.
2.
Miniwatts (the "Vendor") offers to supply the hosting
service in Internet (web hosting) to the customer. The terms
and conditions for the service, the regulations and the
prices that are published in the web site of Miniwatts
(http://www.exitoexportador.com) constitute part of this
Agreement and are the sole contrat (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 MINIWATT'S NOR ANY OF
ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES MINIWATT'S 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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