All LAH customers must abide by the
following Terms and Conditions of service:
WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement (this "Agreement") sets forth the
terms and conditions of your use of Latin America Hosting, for web hosting
services. You certify that you are at least 18 years of age. To become
a Latin America Hosting account holder, you must read and agree to be
bound by all terms and conditions of this Agreement, and any policies
that are or may be published by Latin America Hosting. This Agreement
will become effective when accepted by Latin America Hosting. By posting
notice 30 days in advance at a web page available on our web site (http://www.latin-host.com),
Latin America Hosting may modify the terms and conditions of this Agreement
or the prices of its services, as well as discontinue or change the
services offered. You will be bound by the modified Agreement, prices
and/or policies if you continue to use the services.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of Latin America
Hosting's services as offered by Latin America Hosting and used by you,
including the provision of web hosting services on Latin America Hosting's
servers and connectivity to the Internet (the "Services").
Latin America Hosting will provide the Services for the amount of server
storage space selected in exchange for payment of fees and full compliance
with the terms and conditions of this Agreement. In performing the Services,
Latin America Hosting maintains control and ownership of any and all
Internet protocol ("IP") numbers and addresses that may be
assigned to you and reserves the right to change or remove any and all
IP numbers and addresses at its sole discretion.
1.2. As part of the Services, Latin America Hosting will also provide
your own web-based control panel (the "Control Panel") containing
links to your payment history, summaries of the Services you have chosen,
newsletters and other current information.
1.3. Every hosting account with Latin America Hosting features a 30-day
money back guarantee. If you choose to cancel your account within the
first 30 days and notify us by using the form located at: http://www.latin-host.com/contact.html,
we will refund all routine account fees, exclusive of any set up or
domain names fees. Accounts closed after 30 days do not qualify for
refund of any pre-paid fees.
1.4. For server restoration purposes only, Latin America Hosting makes
full back-ups of websites weekly, and backups of new/changed data nightly;
however, Latin America Hosting makes no guarantees of any kind, either
expressed or implied, as to the integrity of these back-ups. You are
responsible to maintain local copies of your website. If loss of data
occurs due to an error of Latin America Hosting, Latin America Hosting
will attempt to recover the data for no charge. Otherwise, Latin America
Hosting will attempt to recover the data from the most recent archive
for a $75 fee.
1.5. Latin America Hosting reserves the right to monitor its systems
electronically and to access and disclose any information as permitted
or required by any law, regulation or other governmental request to
operate its systems properly, to protect itself or its accountholders
or for any other reason it in good faith deems necessary. Latin America
Hosting will fully cooperate with law enforcement authorities in investigating
suspected lawbreakers and reserves the right to report to law enforcement
any suspected illegal activity it becomes aware of. It is not Latin
America Hosting's intention that its Services or facilities be used
in contravention of the Communications Decency Act of 1996 (the "CDA")
or any other applicable law.
1.6. You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that
Latin America Hosting is a "service provider" under the DMCA
and is therefore immune from liability under the DMCA, including 17
U.S.C. § 512. Consistent with the DMCA, Latin America Hosting will
accommodate standard technical measures used to identify and protect
copyrighted works, and, as further described herein, Latin America Hosting
has a policy of terminating accountholders who are repeat copyright
1.7. Websites are unmodified forums containing the personal opinions
and other expressions of the persons who post entries on a wide range
of topics. Neither the content of websites located on Latin America
Hosting's servers nor the links to other websites are screened, approved,
reviewed or endorsed by Latin America Hosting. Latin America Hosting
is not a publisher of any of the content of websites, or of any content
that may be available through the links to and from them, and is acting
solely as an Internet web-hosting service provider. The text and other
material on such websites are the opinion of the specific author and
are not Latin America Hosting's statements of advice, opinion or information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided
"as is." Neither Latin America Hosting, nor any of its employees
or agents, warrants that the Services will be uninterrupted, error free
or free from viruses or other harmful components. Latin America Hosting
is not responsible for and hereby disclaims any warranties, either expressed
or implied, regarding the quality, accuracy, or validity of the data
and/or completeness, noninfringement, merchantability or fitness for
a particular purpose of information available on its sERVERS or residing
on or passing through its interconnecting networks. Use of information
obtained from or through the Services is at your risk. Under no circumstances
will Latin America Hosting be liable to you or any other person for
any loss or damage caused by your reliance on information available
on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL LATIN AMERICA HOSTING
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED
TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE LATIN AMERICA
HOSTING'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF
LATIN AMERICA HOSTING'S SERVERS), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN
IFLATIN AMERICA HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL LATIN AMERICA HOSTING'S MAXIMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO LATIN AMERICA HOSTING FOR THE
SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE
STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, LATIN AMERICA HOSTING'S LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold Latin
America Hosting and its affiliates, directors, officers, employees and
agents harmless from and against any liabilities, losses, damages or
costs, including reasonable attorneys' fees, resulting from any third-party
claim, action, dispute or demand related to your use of the Services,
your violation of any of the provisions of this Agreement or from your
placement or transmission of any materials or content onto Latin America
Hosting's servers. Such liabilities may include, but are not limited
to, those arising from the following: (a) with respect to your business,
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation
of the rights of privacy or publicity; or (iii) spamming, or any other
offensive, harassing or illegal conduct or violation of the acceptable
uses described herein or anti-spam policy; (b) any damage or destruction
to Latin America Hosting's equipment or to any other accountholder,
which damage is caused by or otherwise results from acts or omissions
by you, your representative(s) or your designees; (c) any personal injury
or property damage arising out of your activities related to the Services,
unless such injury or property damage is caused solely by Latin America
Hosting's gross negligence or willful misconduct; and (d) any other
damage arising from your equipment or your business.
3. Payment of Fees
3.1. Latin America Hosting will publish a notice of fee increases 30
days before such increases take effect on the web site. A listing of
current monthly and/or annual fees can be found at the http://www.latin-host.com.
3.2. You agree to provide Latin America Hosting with accurate and complete
billing information, including your legal name, address, telephone number,
e-mail address and applicable payment date and to update this information
immediately if any change occurs. You must secure your account with
a valid credit card. Payments must be submitted in advance of receiving
3.3. Delinquent accounts are those that remain unpaid at the beginning
of the next Payment Interval. The Services will be suspended if your
account is delinquent, and Latin America Hosting will insert a message
at your website indicating your suspension that visitors to your website
will see. Notwithstanding any other rights Latin America Hosting may
have in this Agreement, all of your website contents will be destroyed
if your account is delinquent for 60 days. Latin America Hosting accounts
continue to accrue charges while they are delinquent or if the Services
3.4. You acknowledge responsibility for your account until payment in
full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation
and misuse of the Services, whether described in this Section 4 or otherwise,
shall be investigated promptly.
You are responsible for all use of your website, with or without your
knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance
with all applicable laws. Illegality includes, but is not limited to,
drug dealing; attempting without authorization to access a computer
system; pirating (distributing copyrighted material in violation of
copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling;
schemes to defraud; trafficking in obscene material; sending a message
or having content that is obscene, lewd, lascivious, filthy, or indecent
with intent to annoy, abuse, threaten, or harass another person; threatening
bodily harm or damage to individuals or groups; violating U.S. export
restrictions; stalking; or violating other state or federal law, such
as the Electronic Communications Privacy Act, the Computer Fraud and
Abuse Act, or the Economic Espionage Act. Linking to illegal material
is also prohibited.
When Latin America Hosting becomes aware of possible violations of this
Agreement, Latin America Hosting may initiate an investigation that
may include gathering information from you and the complaining party,
if any, and examination of material on Latin America Hosting's servers.Latin
America Hosting, in its sole discretion, will determine what action
will be taken in response to a violation on a case-by-case basis. Violations
of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD LATIN AMERICA
HOSTING HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY LATIN
AMERICA HOSTING AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION
OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION
OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER
ANY DAMAGES WHATSOEVER FROM LATIN AMERICA
HOSTING AS A RESULT OFLATIN
AMERICA HOSTING'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN
YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING
THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LATIN AMERICA
HOSTING'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES
TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g.,
images, text, and programs) may be downloaded or uploaded using the
Services. You may also re-distribute materials in the public domain.
You assume all risks regarding the determination of whether the material
is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful
material through the Services. Examples of unlawful material include,
but are not limited to, threats of physical harm, child pornography,
and copyrighted, trademarked and other proprietary material used without
proper authorization. Pornography and sex-related merchandising, or
links to such material, even if legal, are not acceptable uses of Latin
America Hosting's servers. You may not post, upload or otherwise distribute
copyrighted material on Latin America Hosting's servers without the
consent of the copyright holder.
Unacceptable uses of website content also include the presence of the
following programs or the activities associated with them, regardless
of whether or not any actual intrusion results in the corruption or
loss of data: server broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network; attempts to circumvent
any user authentication or security of host, network, or account; accessing
data not intended for user; probing the security of any network; spawning
dozens of processes; port scans, ping floods, packet spoofing, and forging
router information; denial of service attacks, sniffers, flooding, spoofing,
ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses;
and IRC bots, such as eggdrop or BitchX.
Latin America Hosting supports free speech on the Internet and will
not suspend or cancel your account simply because it disagrees with
your views expressed at your website. However, examples of unacceptable
activities include posting private information about a person without
his or her consent, defaming a person or business, and knowingly making
available code that will have a deleterious effect on third-party computers.
Where there are allegations that your on-line activity has violated
the legal rights of a third party, Latin America Hosting will not substitute
itself for a court of law in deciding tort claims raised by the third
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable
activities include, but are not limited to, the following: spamming
(sending unsolicited advertising to those with which you have no existing
business relationship and posting off-topic advertising in newsgroups);
spoofing (using a return email address that is not the valid reply address
of the sender or sending an email message that does not contain enough
information to enable the recipient to identify you); passive spamming
(promoting a website hosted by Latin America Hosting by spamming from
some other source); trolling (posting controversial messages in newsgroups
to generate responses); mailbombing (inundating a user with email without
any serious intent to correspond or sending large or multiple files
to a user); generating a higher volume of outgoing mail than a normal
user (over 10% of available system resources); propagating chain letters;
and subscribing someone else to an electronic mailing list without that
person's permission. A messageis considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available to the public
does not constitute a request to receive messages. Distribution of mass
emailing programs is also prohibited. All recipients on a mailing list
must have personally subscribed. Mailing lists may not be used to distribute
unsolicited email. If you are repeatedly mailbombed or attract such
behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it,
either at Latin America Hosting or elsewhere. Latin America Hosting
that email is an informal medium; however, you must refrain from sending
further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity
or to prevent users from responding to the messages. Latin America Hosting
may disclose the usernames of accounts responsible for forged email
messages to system administrators or users requesting the information.
Violations of the Latin America Hosting policies outlined herein can
sometimes result in massive numbers of email responses. If you receive
so much email that Latin America Hosting resources are affected, Latin
America Hosting staff may shut down your mailbox.
4.4. System Security. You are prohibited from utilizing the Services
to compromise the security of system resources or accounts on servers
at Latin America Hosting or at any other site. Use or distribution of
tools designed for compromising security or containing viruses or trojans
are 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, Latin America
Hosting 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. Latin America Hosting
will also fully cooperate with law enforcement authorities in investigating
4.5. System Resources. System abuse includes any use of Latin America
Hosting 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
Any usage of 10% or more of Latin America Hosting's system resources
is an undue burden on Latin America Hosting's system and is unacceptable.
If your usage ever exceeds 10% of system resources, your account may
be terminated immediately and without prior notice.
Further, running programs in the background on a Latin America Hosting
server without Latin America Hosting's prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000
emails a day and the like are not acceptable uses of Latin America Hosting's
5. Latin America Hosting's Right to Terminate Agreement
(a) Latin America Hosting reserves the right to suspend or terminate
the Services to you and remove or prevent access to any material from
your website at any time, without prior notice or liability, for any
conduct that Latin America Hosting, in its sole discretion, believes
violates this Agreement or is otherwise harmful to Latin America Hosting's
interests or the interests of other accountholders. (b) Latin America
Hosting also reserves the right to comply with the take-down provisions
of the DMCA and to seek injunctive, declaratory, interpleader or other
judicial or equitable relief (and, pending such action, to suspend all
access to your website) if any third-party claim is made that your website
content or use violates any of the acceptable uses or your obligations
or representations described in this Agreement.
6. Cancellation of Accounts
6.1. You may cancel your Latin America Hosting account by calling Customer
Service (506) (2296 7074) or by using the form located at: http://www.latin-host.com/contact.htm Accounts closed after 30 days do not qualify for refund of any pre-paid
6.2. All Latin America Hosting accounts must be paid in full before
the cancellation will be considered complete.
6.3. If your account is suspended or terminated for any reason permitted
by this Agreement, Latin America Hosting may, at its sole discretion,
permanently delete your website contents from Latin America Hosting
servers, and Latin America Hosting will not be able to reopen or restore
You may not assign your rights and obligations under this Agreement
without the prior written consent of Latin America Hosting, which may
be withheld at Latin America Hosting's discretion. Nothing contained
in this Agreement shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. The failure of
Latin America Hosting to require your performance of any provision hereof
shall not affect the right to require such performance thereafter; nor
shall the waiver by Latin America Hosting of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. Any
action for any claim arising under, or in connection with, this Agreement
must be commenced by you within one year after the alleged cause of
action has accrued or after the date of termination of this Agreement,
whichever is earlier. In the event that any provision of this Agreement
is deemed unenforceable or invalid, such unenforceability or invalidity
shall not affect the remainder of this Agreement. Such provision may
be amended or replaced with one that is valid and enforceable and which
achieves, to the extent possible, the original objectives and intent
of the parties as reflected in the original provision. No provision
of this Agreement may be amended or modified by you except by means
of a written document signed or expressly assented to by Latin America
Hosting. All terms and conditions of this Agreement that should by their
nature survive termination of this Agreement shall so survive. This
Agreement and the Online Order form, together with all amendments or
modifications to any of them, constitute the complete and exclusive
agreement between you and Latin America Hosting and supersede and govern
all prior proposals, agreements, or other communications.
Latin America Hosting has a responsibility to ensure that each of our
clients is provided with the best services we have available. While
we back up files continuously, we are in no way responsible for the
archiving of a site. It is the sole responsibility of the site creator
to copy, back-up or archive all files that constitute a web site.
The following guidelines also apply:
All services provided by Latin
America Hosting may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data, or material in violation
of any International or United States Federal, State, or City law is prohibited. This
includes, but is not limited to copyrighted material, material we judge
to be threatening or obscene or material protected by trade secret and
other statute. The subscriber agrees to indemnify and hold harmless
Latin America Hosting from any claims resulting from the use of the
service, which damages the subscriber or any other party.
Pornography and sex-related merchandising
is prohibited on all Latin America Hosting servers. This includes sites
that may infer sexual content or links to adult content elsewhere. Latin
America Hosting will be the sole arbiter in determining violations of
Also prohibited are sites that
promote any illegal activity or present content that may be damaging
to Latin America Hosting servers or any other server on the Internet.
Links to such materials are also prohibited.
Examples of unacceptable content
- Pirated software
- Hacker programs or archives
- Warez sites
Latin America Hosting
will be the sole arbiter as to what constitutes a violation of this
Free Domain Name For Life offer/New
The Latin America Free Domain Name
for Life offer is valid for Annual Professional Web Hosting accounts as long as you are a Latin America Hosting
customer. If the account is canceled at any time during the first year
the fee for the domain name will be charged. Domain names are your property
upon registration, and cannot be returned for refund. As with hosting, all new domain
names purchase through Latin America Hosting will be automatically renewed
for the original domain registration fee and for the original registration
term until canceled by the owner/administrative contact for the domain
Changing primary account domain name,
There is a one-time fee of $25 for replacing an existing account domain
name with another domain name, whether from spelling error(s) or other
Traffic/ Hits / Bandwidth Policy.
Latin America Hosting accounts come with the following:
|| (60 GB)
Bandwidth usage is a simple equation - number of visits times information
sent in each visit. Since the average web page is about 50K in size,
5G equals roughly 100,000 page downloads a month! Larger files will
increase traffic usage, but 5G bandwidth provide enough capacity for
99% of all web sites on the Internet, and if your site is becoming the
next Yahoo, simply ask us to buy more bandwidth or upgrade to a larger
account that comes with more. To
maintain the integrity of our service, the following restrictions also
- Sites offering download files.
(This is any site where 20% or more of their monthly traffic is from
- Sites using more than 20%
of system resources.
Latin America Hosting will be the
sole arbiter as to what constitutes a violation of this provision
Commercial Advertising - Email:
Spamming, or the sending of unsolicited
email, from an Latin America Hosting server or using an email address
or domain that is maintained on an Latin America Hosting machine as
reference is STRICTLY prohibited. Latin America Hosting will be the
sole arbiter as to what constitutes a violation of this provision.
We do not allow clients to install
their own chat rooms. These tend to be a large drain on system resources
and we cannot allow it as an account option
Background Running Programs
We may allow programs to run continually
in the background. These are considered on a case-by-case basis and
an extra charge will be incurred based on system resources used and
operational maintenance needed.
We currently do not allow IRC or
IRC bots to be operated on our servers.
Domain pointers are to be used
for the purpose of having more than one way to find the same site, not
for the purposes of sharing an account among multiple sites. A domain
pointer may not be set up to reference a subdirectory within an existing
Web hosting account served by Latin America Hosting or any other provider.
Any attempt to undermine or cause
harm to a server, or customer, of Latin America Hosting is strictly
prohibited, and will result in immediate termination or prosecution.
By clicking the "Submit Order" button, you agree to be bound
by and to comply with this Agreement just as if you had signed it, and
clicking the "Submit Order" button is the legal equivalent
of your signature on a written contract.
Refusal of Service:
We reserve the right to refuse,
cancel, or suspend service at our sole discretion.
Billing Problems and Termination:
Accounts paid by credit cards which
are rejected are grounds for termination.
Because of the risk of credit card fraud,
any account which offers two bad credit cards within any 6 month period
will be subject to immediate termination.
All Sub-Networks, distributive
hosting sites and dedicated servers of Latin America Hosting must adhere
to the above policies.
Failure to follow any term or condition
will be grounds for immediate account deactivation.