Condicions del Servei
The company called MyP Tecnologia i Sistemes de Control SL provides web hosting to customers worldwide through the portal HostingAndorra.com, and has the responsibility to protect each costumer to provide the best services available.
Customers contracts with the Company the hosting services with the technical specifications described in HostingAndorra.com, according to the conditions and stipulations set forth in the terms of this Agreement (hereinafter, the 'Services').
The Company will provide the following services:
1.1. Rental of space on a server owned by the Company with the technical specifications described in HostingAndorra.com.
1.2. Costumer remote access to computers of the Company (hereinafter servers) only to insert, modify or delete data.
1.3. Assign an IP (Internet Protocol) related to the name or domain name ownership of the costumer and choosed in advance, so that third parties can access information via the Internet. This IP can be modified at any time by the Company prior notification to the costumer in advance of 15 days. In the that the costumer does not hold any ownership rights over the domain name, the customer may acquire ownership of a domain name company owns.
1.4. Statistics Service: Customer can access to full statistics data of the number, location, time, etc...of his own website/domain.
1.5. The company will make daily backups of all data hosted on the server.
2.Costumer Access to the Company server.
The Customer can access virtually (not physically) to the server of the Company only in order to modify or delete data hosted on the server. For these purposes, the costumer will register a username and password to access through FTP, HTTP, a management program...etc..etc.
The Parts shall maintain the confidentiality of the password created by the costumer. Either way, the Company can modify the passwrod under costumer's request.
3.Intellectual Property of the content.
The Customer grants the Company a non-exclusive license to reproduce or copy the data hosted on servers solely to provide the Services properly under this Agreement. The Costumer declares that he has the appropriate rights to intellectual property to accommodate the data to be transferred to the server without violating any rights of third parties.
The Customer ensures that in any case, the data hosted on the servers of the Company contain those types of information/pictures or data: pornographic, illegal, xenophobic, racist, terrorist or any information that is considered illegal under Andorran legislation and that can harms on other people.
Possession of programs and tools dedicated to hacking and attack computer systems, (including sniffers, spoofers, bouncers, port scanners, cracks, exploits,) owned or used by the costumer, a use of the server to generate Spam or sending bulk mail, it will involve the immediate suspension of the service.
It corresponds to the Company to determine the completion of this activity, based on allegations that may be made by others, regardless of their origin, ISP, other authorities or legal and competents organizations (Police, Judges, lawyers...).
The Company reserves the right to withdraw the contents of the web pages of costumer or make them inaccessible to third parties from the moment that it considers that there is no information allowed under this Agreement, then notify the Customer. In the event demonstrated that the content does not violate the terms of this clause, the Company will replace this information at any time without answering for damages/losts suffered by the removal of this information.
The responsibility for the data hosted by the costumer on our company servers is exclusive of the costumer. In the case that there are some cause or incurred punishement in criminal, civil, or administrative laws, the Company may terminate this Contract without prejudice to any damages that may result from these actions, of which the customer will respond.
4.2. Of the Company.
Under no circumstances the Company will be liable for any direct or indirect damage, including loss of profits or data, as well as the occasional interruption of service.
The Company ensures that local servers remain where they are perfectly equipped with security measures appropriate or required by law. In any case shall the Company will be liable for damages suffered in servers as a result of unforeseeable circumstances or force majeure.
5.Price and payment.
The Company billed to the Customer Services provided by a registration fee and a monthly amount described in HostingAndorra.com and the customer must pay in advance and within the first seven days of the month following the date of commencement of this contract. To those amounts we will charge the local tax. At any case, the Company may change the prices for services provided to the costumer whith a notification of at least 30 (thirty) days of the change in prices.
The costumer and the Company undertake to treat confidentially and no longer reproduce, publish or disseminate any information on the data, systems and any information related to his professional activity, including information about third parties that costumer can host in company servers. Once terminated the contract, each party will delete and destroy all the information about the current relationship is stored or reproduced in any form by any means, particularly the Company, which will remove all data that has hosted the Customer or its third party on their servers, except for legal obligations which both parties have to keep.
This contract will have a duration of 1, 3, 6 or 12 months from the date of signature. Once the contract ends without any of the two sides expressed their willingness to resolve it by writing, by registered letter with a notice of 15 days in advance, it will be automatically extended for 1, 3, 6 or 12 months and so on.
8.1. For determination of either party by notice reliably at least 15 days in advance.
8.2. For serious breach by either party of the obligations under this Contract.
8.3. The extinction of the legal personality of any party or any of the contractors fall into bankruptcy or insolvency situation.
9.Legislation and jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of Andorra and will be subject to the jurisdiction of the Courts of Andorra.