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POLICY STATEMENT

 

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 infringers.

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 the Services.

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 are suspended.

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 party.

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 recognizes

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 suspected lawbreakers.

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 space.

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 servers.

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 fees.

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 such content.

7. Miscellaneous

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:

Content:
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 this provision.

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 or links:

- Pirated software
- Hacker programs or archives
- Warez sites

Latin America Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Free Domain Name For Life offer/New Domain Names
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 name.

Changing primary account domain name, $25.

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 purposes.

Traffic/ Hits / Bandwidth Policy.

Latin America Hosting accounts come with the following:

Account Storage Bandwidth
* Standard 10000 MB (60 GB)
* Professional 15000 MB (80 GB)
* Pro1500 20000 MB (100 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 apply:

- Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
- 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.

Chat Rooms
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.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Domain Pointing
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.

Server Abuse:
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.
All
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.

 
   

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