Terms of Service

Terms of Service

This page establishes the conditions and terms of service between HostWebis, here designated by SERVICE PROVIDER, and its clients, here designated as CLIENT. Last Review: 04-08-2020

1. The CUSTOMER is not allowed to violate (or attempt to breach) any system that is unrelated to it, namely: 1.1. Unauthorized access to third-party data (privacy violation); 1.2. Unauthorized investigation of vulnerabilities in servers, services or networks, including systematic detection of service response (Netscan); 1.3. Entry or attempted entry into unauthorized servers or computer systems without authorization; 1.4. Intentionally interfering with the proper functioning of servers, services or networks, using, namely: 1.4.1. Overloading actions, whether or not combined with the exploitation of system vulnerabilities, aimed at sabotaging the operation of services (DoS – Denial of Service or DDoS – Distributed Denial of Service); 1.4.2. Bulk packet forwarding (Flooding); 1.4.3. Attempts to impede or disrupt servers, services or networks; 1.5. Interception or attempted interception of data on any network or server without the prior authorization of the responsible or legitimate owners; 1.6. Falsify (insert, modify, delete or delete, in whole or in part) data, after its production, with the intention of deceiving and misleading recipients of such data. In cases of forgery include, but are not limited to: 1.6.1. IP spoofing; 1.6.2. ARP Address Change (ARP Spoofing); 1.6.3. Use of IP addresses that have not been properly assigned by the SERVICE PROVIDER, or that the SERVICE PROVIDER has not authorized the use; 1.6.4. Changing the identification of e-mail messages or newsgroups; 1.6.5. Phishing Hosting; 1.7. Use the Server or computer equipment to make attacks on other computer systems or networks; 1.8. Participate actively or passively in DoS “Denial of Service” or DDoS “Distributed Denial of Service” attacks; 1.9. Availability of servers hosted in the network of the SERVICE PROVIDER or in the address space of the SERVICE PROVIDER of IRC services “Internet Relay Chat” and Usenet without the prior written authorization of the SERVICE PROVIDER. 1.10. Use of IP address space that has not been properly assigned to the CLIENT by the SERVICE PROVIDER, or that the SERVICE PROVIDER has not expressly authorized the use.

2. Misuse of electronic mail may cause inconvenience to other users of the SERVICES PROVIDER network and third parties, either directly or indirectly, by jeopardizing the normal operation of service support systems. Therefore, it is not allowed: 2.1. The sending of e-mails to those who have expressly stated do not intend to receive them; 2.2. The spread of mass or unsolicited commercial or personal e-mail messages. 2.3. Maintenance of servers or computer equipment with “SMTP Open Relay” or “Open Proxy”, allowing third parties to exploit server resources or computer equipment to send unsolicited messages and attacks; 2.4. We consider SPAM all kinds of emails sent in bulk without being requested or that do not comply with the norms provided by law; 2.5. All reported situations will be dealt with judicially. In case of improper use of e-mail from our servers, it may involve the payment of a fee/fine depending on the severity of the misuse.

3. Misuse of servers for content hosting and others may cause inconvenience to the remaining users of the SERVICE PROVIDER network and third parties, either directly or indirectly, by undermining the normal functioning of the support systems to the service. Therefore, the CLIENT is not allowed: 3.1. Provision or Lodging of material or information that calls into question the good customs or the public order; 3.2. Provision or accommodation of material or information inciting to the practice or that constitutes practice of any unlawful or illegal act, regardless of its nature, is civil, administrative, criminal or other; 3.3. Provision or lodging of material or information that in any way makes the apology, namely war crimes, terrorism or against humanity; 3.4. Provision or hosting of illegal and / or suspected infringements of copyright and related rights, criminal norms or standards relating to computer crime, such as source code or binary code protected by copyright, music, movies, video or other means that are protected by copyright, or that they may be so; 3.5. Provision or hosting of material or information enabling third parties to acquire, directly or indirectly, illegitimate access to other computer systems, viruses, vulnerable applications; 3.6. Provision or hosting of material or information protected by copyright, or not properly licensed.

4. It is still strictly prohibited: 4.1. The performance through the network of SERVICES PROVIDER of any illegal or illicit activities, or that may be identified in accordance with Portuguese, European and/or International Law; 4.2. Use of unlicensed software, but subject to license, in Servers of SERVICES PROVIDER; 4.3. The maintenance by the CUSTOMER of servers with vulnerable or outdated applications that allow third parties to exploit them, resulting in any of the points described in this document.

5. Whenever there are abusive acts and violating the provisions of this Annex by customers of the SERVICE PROVIDER, facts that may be detected by it, the SERVICE PROVIDER may, without dependence on a prior hearing of the CLIENT, opt for: 5.1. Notify the CLIENT by any written means, namely electronic mail, granting a period never exceeding 24 hours for the elimination of the violation; 5.2. Make the intervention necessary to solve the problem well, in which case the intervention will be charged at the value of 60€ per hour.

6. The present conditions and terms of service are governed and will be interpreted by the Portuguese Law with express waiver of any other. Any litigation arising from the interpretation, execution or validity of these conditions and terms of service shall be subject to the jurisdiction of the Courts of the Porto district, with the waiver of any other litigation.

Conditions of Service

1. Right of admission 1.1. SERVICE PROVIDER reserves the right to refuse to open accounts on its servers, as well as to provide any service without having to indicate any reason for doing so.

1. Right of admission 1.1. SERVICE PROVIDER reserves the right to refuse to open accounts on its servers, as well as to provide any service without having to indicate any reason for doing so.

2. Payments 2.1. New orders for services will only be considered after the CLIENT has made their payment. The CLIENT will not have access to services that have not been paid. 2.2. For renewals of contracted services, the CLIENT has until the last day paid to make their payment for the service that subscribed. After 1 day the CLIENT will no longer have access to the service and after 5 days the account will be permanently deleted. 2.3. The CLIENT must ensure that the payment is delivered to the SERVICE PROVIDER. 2.4. Payment can be made automatically by PayPal or manually by bank transfer, ATM and credit card reference. 2.5. The SERVICE PROVIDER is not responsible for the loss of payments, such as wrong bank transfers and wrong PayPal addresses. 2.6. The SERVICE PROVIDER is not responsible for the non-delivery of emails notifying the date of payment, which does not serve as a valid argument for non-payment on the due date, the CUSTOMER must keep informed of the payment deadlines. 2.7. SERVICE PROVIDER reserves the right to change the prices of any of its services at any time, taking into account that it must also notify the CLIENT of the changes of the price(s) fifteen (15) days in advance.

3. Refunds 3.1. None of the payments made upon subscription of the service are refundable, except in cases duly noted. 3.2. In the event of prolonged service failures without any justification and/or prior notice, the CLIENT will be compensated with services rendered by the SERVICE PROVIDER.

4. Cancellation of service 4.1. The SERVICE PROVIDER shall suspend the service provided to the CLIENT when it does not comply with the rules described in these conditions and terms of service. 4.2. If a CLIENT does not comply with some rule, the CLIENT will have 3 days to resolve the situation in question. If the situation in question is not resolved after 3 working days, the account will be deleted and denied any reopening. 4.3. Any withdrawal from service must be made by e-mail, at least five (5) days in advance. 4.4. Violation of the conditions and terms of service by the CUSTOMER will be immediately considered as sufficient reason to suspend/cancel the services rendered without prior notice.

5. Services for Resale 5.1. The SERVICE PROVIDER only provides service to the CLIENT who purchased the service and never to its customers, so that problems verified (external to the good quality of service) should be solved by the reseller. 5.2. The SERVICE PROVIDER only provides support services to the CLIENT who purchased the service and never to third parties. 5.3. The SERVICE PROVIDER is not responsible for customers raised by resellers, so all issues that exist should be dealt with the reseller in question.

6. Improper use 6.1. The CLIENT should respect in full the general rules accepted on the Internet. 6.2. You should not copy software or other copyrighted material. 6.3. You should not attempt to violate the security of any user or computer or perform other actions that may cause embarrassment. 6.4. The account that the CLIENT possesses is for its exclusive use, is personal and non-transferable. 6.5. The CLIENT shall not share access for use that is not related to your website. 6.6. The massive use of resources on the server is prohibited. In case it is verified that a CUSTOMER is absorbing all the resources to SERVICE PROVIDER it will be able to take measures that do not happen.

7. Abuses 7.1. To report abuses related to our servers please use the email. Help us to maintain a good Internet!

8. Contents and backups 8.1. The PROVIDER OF SERVICES can not be held responsible for any type of information hosted on its servers. 8.2. The SERVICE PROVIDER does not make backup copies to the CLIENT websites. 8.3. The CUSTOMER shall make the backups through a service provided in the Control Panel (Plesk) of your account and, in any case, you should always have a copy of your files. 8.4. The CUSTOMER has several backup options, Full Mode (with FTP option), Download Mode and also Individual Mode to MySQL accounts. 8.5. The SERVICE PROVIDER shall not be liable for the loss of information.

9. Copyright 9.1. All clients should know what copyright is for their protection and security of their work as well as the work of others. 9.2. To that end, we provide a link to an external site where this topic is explained in detail: http://www.whatiscopyright.org/

10. Validity of information 10.1. The CLIENT guarantees that the information provided by him is true. 10.2. The SERVICE PROVIDER is not in any way responsible for the information provided by the CLIENT on its websites.

11. Data Privacy Policy 11.1. The SERVICE PROVIDER assumes responsibility for ensuring the privacy of the data provided by the CLIENT. 11.2. The SERVICE PROVIDER collects information regarding the browser, IP address, pages visited and other non-personal information only for statistical purposes. 11.3. The data will not be provided to third parties without the authorization of the CLIENT, will only be used internally by the SERVICE PROVIDER and in the relationship with the CLIENT for matters related to the services. 11.4. The PROVIDER OF SERVICES may disclose the name and website of the CLIENT for the purpose of promoting the services provided, and the CLIENT shall have the right to request in writing and at any time the SERVICE PROVIDER to stop this promotion. 11.5. The CLIENT’s data may have to be assigned to the official authorities if they request them from the SERVICE PROVIDER.

12. Downtime 12.1 SERVICE PROVIDER reserves the right to interrupt the service for the necessary time, informing the CLIENT previously by e-mail, for maintenance operations and/or other type of operations deemed necessary.

13. Support 13.1. The support to the CLIENT is preferably done through the email info at HostWebis dot com, this mailbox is monitored 24 hours a day by the SERVICE PROVIDER.

14. Complaints, doubts or suggestions: 14.1. They should be sent by e-mail to info at HostWebis dot com, with a copy for HostWebis at yandex dot com.

15. Changes and omissions in the terms and conditions 15.1. The cases omitted in these conditions and terms of service will be solved by the management of the SERVICE PROVIDER. 15.2. SERVICE PROVIDER reserves the right to change the conditions and terms of service, including its general tariffs of the services, whenever it deems necessary, without prior notice.

16. Acceptance of terms and conditions 16.1. The CLIENT, by continuing to use the services of the SERVICE PROVIDER is expressly accepting the conditions and terms of service described.