Fair-Play Policy
TERMS AND CONDITIONS
TERMS OF USE, CONDITIONS AND CONTRACTS FOR THE ACQUISITION OF PRODUCTS AND SERVICES FOR THE WEBSITE, PRODUCTS, SERVICES AND CUSTOMER SERVICE.
For any matter related to this Notice, please contact [email protected].
By accessing and using this portal, by using or contracting the services and products offered by "HOSTING GODS" or through its associates or distributors hereinafter referred to as "HOSTING GODS", you, the User, are accepting the terms and contents of this agreement and expressly declare your acceptance using for such effect electronic means, in accordance with the provisions of Article 1803 of the federal code. If the user does not fully or completely accept the terms and conditions for this agreement, they must refrain from accessing, using, viewing and/or contracting the services of "HOSTING GODS".
In the event that you, the user, continue to use "HOSTING GODS", such action shall be deemed as your absolute and express acceptance of the Terms and Conditions set forth in this document.
These present General Conditions, along with the Specific Conditions, the corresponding descriptions of services and the current tariff lists, which in each case are established, will regulate the provision by "HOSTING GODS" from the web hosting services, domain name registration, electronic messaging service, applications and information tools (hereinafter, "the Services"), as well as other services that may be offered to the CLIENT in the future in exchange for the corresponding remuneration to be paid by the CLIENT.
Such Services shall confer on the CLIENT the right to use the products offered, in accordance with the terms, conditions and deadlines of these General Conditions and the Specific Conditions that, where applicable, are established.
This document sets forth the Terms and Conditions for each range of "Services" offered by "HOSTING GODS", which may or may not apply to their contracting, but are made known to you and accepted by you in case of partial or total use.
By contracting any of these "Services", you accept the Terms and Conditions set forth in this document, and in the event that "HOSTING GODS" updates it, you will be notified through the contact information provided in your registration form.
It is also the responsibility and obligation of "THE CLIENT" to be aware of any modification to this document. Therefore, "HOSTING GODS" undertakes to publish any modification within the hostinggods.com site and makes available a help and support service through [email protected].
These General Conditions shall prevail over any general condition that the CLIENT may allege, except for an express agreement or contract to the contrary, in which case its acceptance by "HOSTING GODS" shall be stated in writing.
The specific sections of this document stipulate any particular condition for the "Services" contracted by the CLIENT and the rights and obligations of "HOSTING GODS" for the same.
I. Intellectual Property "HOSTING GODS"
All materials contained on this site and on sites owned by "HOSTING GODS" (including, but not limited to, text, logos, content, images [animated and static], icons and photographs, among others) are protected by national and international Copyright and Industrial Property laws.
In relation to everything contained on the site, reproduction, use, copying, printing, distribution, publication, translation, adaptation, reordering and any other use or total or partial modification of the data and works contained on this page, by any means and in any form, is prohibited.
Regarding the use of the logo, it may only be used if the following clauses are met:
I. Intellectual Property "HOSTING GODS"
Fully convinced of the proper use of information, for your safety, privacy, and peace of mind and in compliance with the Federal Law on Transparency and Access to Information, we inform you of our privacy policy and handling of personal data and make the following commitment:
The data that we request in the contact forms; support requests; hiring of services; human resources; and any within the sites owned by "HOSTING GODS" will be used to establish contact with the interested party according to their requests.
The data collected by "HOSTING GODS" will never be disseminated, distributed or commercialized.
If you wish to be removed from our database, you may at any time request the cancellation of your data by email to [email protected], or in writing to Av. la Querencia 920 Aguascalientes, Ags. México, attention to the administrative department.
In any case, we will always use the information provided to provide you with better service.
For more details, please review the complete privacy notice:
"HOSTING GODS" with address in Aguascalientes, is responsible for collecting your personal data, the use given to it and its protection.
Based on the Federal Law on the Protection of Personal Data Held by Private Parties, "HOSTING GODS" recognizes that it is important to ensure the proper privacy and security of your information in accordance with current laws, and we are committed to safeguarding your personal information in accordance with legal and administrative practices and industry-standard computer security practices.
Likewise, we undertake not to market, rent, share or disclose your personal information to third parties for illicit purposes or purposes contrary to those of its owner, except in cases where the owner expressly authorizes it.
In accordance with the above, this "Privacy Notice" applies to all personal information collected by "HOSTING GODS," including its affiliated and subsidiary companies, as well as third parties with whom it enters into or will enter into contractual relationships, in order to provide personalized services, always counting on the levels of security required by the Federal Law on the Protection of Personal Data Held by Private Parties.
Therefore, by agreeing to this "Privacy Notice," you give your consent to "HOSTING GODS" to collect and use your personal data for the purposes specified below.
We remind you that with regard to the Protection of Personal Data, you may exercise your "ARCO" rights in accordance with the procedures regulated in the Federal Law on the Protection of Personal Data Held by Private Parties and through the mechanism indicated in the final part of this Privacy Notice:
Access: You may choose the way to communicate with us through the means mentioned in this document to find out if "HOSTING GODS" has your personal data and the details of the same.
Rectification: You may request that any of your personal data be corrected in case we have registered it erroneously or it has been modified.
Cancellation: You may request that we cancel or delete your personal data whenever there is a reason that justifies such action and you do not have any pending obligation to or on behalf of "HOSTING GODS."
Opposition: In case you no longer have any relationship or legal obligation with us, you can exercise this right by not sharing any data. Depending on the relationship we have with you, the information we collect consists of name, business name, federal taxpayer registry, fiscal address, postal code, age, marital status, address, telephone, cell phone, Nextel, email, profession and/or occupation, account(s) from banking institution(s), standardized banking key(s), and other financial data, credit history, which are specified in the various formats that are sent to us for your registration as clients or suppliers - as the case may be.
Additionally, we collect personal data through you from those who will serve as contacts to carry out our contractual relationship in the best possible way.
These personal data are provided by you, as appropriate, through the purchasing, sales, credit and collections, accounts payable, marketing or customer service departments, as part of the contractual operation that we have or intend to have with you, for the specific purposes that are specified later.
These personal data are necessary and are used to comply with the fiscal and legal guidelines derived from the relationship that we have or intend to have with you, such as - depending on the case at hand - customer selection and acceptance, supplier evaluation, billing, collections, payments, granting of credits, request of orders, shipment of merchandise and information about products and changes to them, among others.
Likewise, the information that "HOSTING GODS" collects may have statistical, promotional, advertising, marketing, or commercial prospecting purposes.
We inform you that your personal data are only transferred and processed by our subsidiary or affiliated companies, or some third party duly contracted with confidentiality clauses for information and personal data protection. The above is for the purposes mentioned in the preceding paragraph.
We understand that in case you provide us with personal data of third-party individuals to be considered as contacts, references, guarantees or joint and several liabilities, you have obtained their consent to transmit their data to us for the aforementioned purposes, in compliance with the Federal Law on Protection of Personal Data Held by Private Parties.
In the case of sensitive personal data referred to in the Law, express authorization will be obtained from the owner for their use and treatment.
If you have any questions or wish to know the data about yourself that are in our databases, update or rectify them (if they are incorrect), or exercise the right to withdraw or block them in whole or in part, or even limit their use or disclosure, you can contact us from January 2012 onwards through the reserved access for receiving requests corresponding to the exercise of ARCO rights referred to in the Law, which is available on our Web page at the following address hostinggods.com, ensuring you that your requests will be attended by our department responsible for the treatment of personal data.
On your part, if any modification is required to the stipulated in this privacy notice, it will be notified through our website at the following address http://www.hostinggods.com
III. TERMS AND CONDITIONS FOR "SPECIFIC SERVICES" DEPENDING ON YOUR CONTRACTING
WEB HOSTING (SHARED HOSTING, DEDICATED SERVERS, EVERYTHING THAT INVOLVES STORAGE).
Web Hosting is the Internet storage service through a computer or its resources dedicated exclusively for the use of "THE CLIENT."
The provision of these services is provided through "HOSTING GODS" being the beneficiary "THE CLIENT" who explicitly accepts this contract, which cannot be replaced by another document or verbal agreement unless there is an exclusive contract by both parties.
CLAUSES
FIRST. - "THE CLIENT" entrusts "HOSTING GODS" with the provision of services consisting of providing the availability of a "Web Hosting" in the location that "THE CLIENT" considers most appropriate to meet their requirements and that is in line with the availability of spaces in the data centers of "HOSTING GODS." The said Web Hosting will be installed according to the characteristics contracted on the "HOSTING GODS" server and listed in the contracted service, and likewise, access to the Hosting, information, and requests will be sent and made exclusively if requested by the primary contact or registered in the HOSTING GODS database.
SECOND. - CONTRACT AMOUNT AND PAYMENT TERMS for the contracted service and the payment frequency are specified at the time of the service contract, and both parties agree that payment for the service under this contract be made punctually. Failure to comply with the stipulated payment method and frequency will result in suspension of the service.
THIRD. - EXECUTION TERM. "HOSTING GODS" undertakes to initiate its services under this contract once the first payment has been settled and until the TEMPORARY OR DEFINITIVE SUSPENSION in accordance with clause nine of this contract.
FOURTH. - GUARANTEES. "HOSTING GODS" undertakes to: Provide technical support to "THE CLIENT" through electronic systems and provide a response within no more than 72 business hours to "THE CLIENT" regarding any occurrence. Guarantee a base connection time and operation of the Web Hosting of 99% uptime, as long as disconnections are not caused by malfunctioning software installed on the Web Hosting by "THE CLIENT" or causes beyond "HOSTING GODS," such as earthquakes, hurricanes, or any other natural disaster or caused by terrorist acts in the facilities designated by "HOSTING GODS." Monitor the status of the contracted service 24 hours a day, 365 days a year through various automated systems.
"THE CLIENT" undertakes to: Inform "HOSTING GODS" of any anomalies in the contracted service so that "THE CLIENT" can provide a timely solution to the occurrence. Punctually comply with the payments stipulated in clause SECOND of this contract. Host on the Web Hosting only information that does not violate copyright.
FIFTH. - MATTERS BEYOND "HOSTING GODS" "HOSTING GODS" agrees to deliver the service stipulated in clause FIRST of this contract and is not responsible for: The operation of files hosted on the Web Hosting, Receiving or sending spam in the email accounts configured on the Web Hosting, Blocking IP addresses due to misuse by "THE CLIENT," Any other situation that is not directly related to providing the service as stipulated in the service contract characteristics.
Instead, "HOSTING GODS" offers to provide technical support and guidance to resolve the possible occurrences mentioned above.
SIXTH. - RECEIPT OF SERVICES "HOSTING GODS" may make partial or total adjustments to the service in order to meet the requirements of "THE CLIENT." Such adjustments may involve changing the characteristics of the contracted Web Hosting for an equivalent, equal, or better, but never worse, as long as "THE CLIENT" requests it or covers the expenses represented by such adjustments.
SEVENTH. - OWNERSHIP OF WORK "HOSTING GODS" agrees that it may not disclose through publications, conferences, reports, or any other means, the data and results obtained from the work under this contract without the express written authorization of "THE CLIENT," as such data and results are the property of the latter.
EIGHTH. LABOR RELATIONS: "HOSTING GODS", as the business owner and employer of the personnel hired for the purposes of this contract, will be solely responsible for the obligations arising from the legal provisions and other regulations regarding labor and social security matters. Therefore, it agrees to respond to all claims that its workers present against it or against "THE CLIENT" in relation to the work object of the contract.
NINTH. TEMPORARY OR DEFINITIVE SUSPENSION OF THE CONTRACT
"THE CLIENT" may temporarily or definitively suspend the service as long as there are no outstanding debts on its account and notifies "HOSTING GODS" through its legal representative of said cancellation with 90 business days and the total amount stipulated for this service period has been settled.
Notifications of cancellation must be sent to the email [email protected] or with a signed letter to the address:
HOSTING GODS
Aguascalientes, Ags
Otherwise, instead of cancellation, the service will be considered EXPIRED. It should be noted that it is the responsibility of the company "HOSTING GODS" to take care of the information stored on its servers DURING the period that the client hires the service. Subsequently, the corresponding renewal must be carried out, in which "HOSTING GODS" undertakes to give notice of the expiration 15 days in advance under the contact details registered by the client. Once the service has expired, the company stores the account on the servers for a period of 2 months after the expiration date. After this period and if the "CLIENT" does not report or enter into an agreement/extension, the account is deactivated from the servers. Therefore, it is the responsibility of the "CLIENT" to keep their service up to date and inform HOSTING GODS of any issues that may arise.
If there is a loss of information during the contracted period, "HOSTING GODS" must inform the "CLIENT" of the reason for the incident. In case the loss of information is caused by misuse of the "CLIENT", the company "HOSTING GODS" disclaims any corresponding responsibility.
We understand misuse to include any of the following:
TENTH. This Contract constitutes the entire agreement between the parties in relation to its object and renders any other negotiation, obligation or communication between them, whether verbal or written, ineffective, unless there is an exclusive contract agreed upon by both parties.
ELEVENTH. For the interpretation and fulfillment of this contract, as well as for everything that is not expressly stated herein, the parties submit to the jurisdiction of the courts of the city of Aguascalientes, Aguascalientes, Mexico, waiving any jurisdiction that may correspond to them by reason of their present or future domicile or any other cause.
DOMAIN
It is a unique name that identifies a website on the Internet.
These services are provided through "HOSTING GODS", with "THE CLIENT" being the beneficiary who explicitly requests and accepts this contract upon hiring this service. This contract cannot be replaced by any other document or verbal agreement unless there is an exclusive contract agreed upon by both parties.
CLAUSES
FIRST. "HOSTING GODS" informs "THE CLIENT" that domains are governed by NIC MEXICO. Likewise, "HOSTING GODS" remains as the authorized registrar for registration, administration, payment, and technical support of domains, which are managed under the following registration policies:
Reserved Names for Non-Use. Names that cannot be used to register as domain names under .MX or names related to the structure and functions of ICANN.
Names related to the structure and functions of IANA.
Names of existing gTLDs.
All names formed by one and two characters except those registered before May 1, 2009 or common names related to technical aspects of the Internet.
Reserved Names for Use.
Reserved Names for Third-Party Use. Names reserved for the particular use of some entities or common names of the states of the Mexican Republic reserved for state governments (Recommendation of the Advisory Committee accepted by NIC Mexico).
SECOND. - "HOSTING GODS" informs that it will place the administrative, technical, and payment data provided by "THE CLIENT" in the selected domain registry, so any error in the information, "HOSTING GODS," is not responsible. The client will be notified by email about the information of their domain, and it is the responsibility of "THE CLIENT" to ensure that the information is always up-to-date with the information.
THIRD. - Both parties agree that "THE CLIENT" is the sole owner of the domain and will own it for the contracted period (minimum 1 year).
WEB DEVELOPMENT
Web Development is the service of designing and programming an internet site that can contain one or more web pages. These services are provided through "HOSTING GODS," with "THE CLIENT" being the beneficiary. By explicitly requesting and accepting this service, "THE CLIENT" agrees to the present contract, which cannot be replaced by any other document or verbal agreement unless an exclusive contract is signed by both parties.
CLAUSES
FIRST. - "HOSTING GODS" undertakes to provide "THE CLIENT" with the development and publication of the contracted internet page according to the quotation sent or the product or service published on the site, and "THE CLIENT" agrees to receive it from the "provider".
SECOND. - "HOSTING GODS" reserves the right not to publish any content that it considers illegal or harmful in accordance with the current laws in Mexico.
THIRD. - The development and publication of the page are carried out according to the terms stipulated in the quotation or contracted service. Indifferently, all web developments carried out by "HOSTING GODS" include:
Presentation of design IDEA for "THE CLIENT"'s approval.
Design and programming of the WEB site and its pages.
Integration of the information and images provided by "THE CLIENT."
Installation and configuration of the site on servers or WEB accounts compatible with the development.
Unless specified otherwise in the quotation or specific contract between the parties, "HOSTING GODS" WEB Developments DO NOT INCLUDE:
FOURTH. - "HOSTING GODS" undertakes to maintain absolute confidentiality regarding all information provided or to which it has access, as well as the marketing strategies of "THE CLIENT."
FIFTH. - Both parties agree that this contract does not establish an employment relationship between "THE CLIENT" and the personnel hired by "HOSTING GODS," so the former is not responsible for any labor liability regarding the personnel who provide services for "HOSTING GODS."
SIXTH. - "THE CLIENT" undertakes to send the necessary information and images for the development of the project subject to this contract on the agreed date through the email [email protected] or to the area coordinator. If this information and images are not delivered on the previously agreed date, the project's delivery time will be delayed by the same number of days it takes to deliver the information, but not the payment due date, which is stipulated in clause eight.
SEVENTH. - Unless the quotation specifies otherwise, "HOSTING GODS" undertakes to deliver the final project to "THE CLIENT" no later than 60 business days after the project's start date.
EIGHTH. - "THE CLIENT" agrees to pay the amount stipulated in the quotation or contracted service, which has been reflected in the Generated Service Order for the Client. Both parties agree that payment will be made 50% of the cost at the beginning of the project and 50% once it is completed, taking into account that once the project is settled, it will be published on the web.
NINTH - For all notifications or notices that the parties must give each other in accordance with this contract, they shall do so through the email [email protected] or in writing at:
HOSTING GODS
Aguascalientes, Ags
"THE CLIENT" accepts that their email and contact address for any project, administrative, or legal matter establish the domicile stipulated in the "HOSTING GODS" Client System.
TENTH - For the interpretation and fulfillment of this contract as well as for all that is not expressly stated in it, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes, Mexico, waiving the jurisdiction that may correspond to them due to their current or future domicile or for any other reason.
PROGRAMMING
It is the development of systems for web control, it is the service of design and programming of an internet site that may contain one or more web pages.
The provision of these services is provided through "HOSTING GODS", with "THE CLIENT" being the beneficiary who explicitly requests and accepts this contract when contracting this service, which cannot be replaced by another document or verbal agreement unless there is an exclusive contract by both parties.
CLAUSES
FIRST - "HOSTING GODS" undertakes to provide "THE CLIENT" and "THE CLIENT" agrees to receive from "HOSTING GODS" the development of the "THE CLIENT" system.
SECOND - "HOSTING GODS" reserves the right not to publish any content considered illegal or harmful according to the laws in force in the Mexican states.
THIRD - The system development will be based on the following specifications:
FOURTH - "THE CLIENT" agrees to pay the amount stipulated in the quotation or contracted service, which has been reflected in the Service Order Generated for the Client.
For all notifications or notices that the parties must give each other in accordance with this contract, they shall do so through the email [email protected] or in writing at:
HOSTING GODS
Aguascalientes, Ags
"THE CLIENT" accepts that their email and contact address for any project, administrative, or legal matter establish the domicile stipulated in the "HOSTING GODS" Client System.
FIFTH - Both parties agree that the delay in information does not exempt the "client" from complying with the established payment dates.
SIXTH - For the interpretation and fulfillment of this contract as well as for all that is not expressly stated in it, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes, Mexico, waiving the jurisdiction that may correspond to them due to their current or future domicile or for any other reason.
IV. – Confidentiality Agreement
Confidentiality agreement between “HOSTING GODS” and all its collaborators, whether direct or indirect, and "THE CLIENT".
CLAUSES
FIRST. - "THE CLIENT" will provide "HOSTING GODS" with access to all the necessary information for the performance of the work entrusted to them on behalf of "THE CLIENT," related to the technical, economic, commercial, legal, and fiscal feasibility, among others, of carrying out the activities entrusted by "THE CLIENT" and/or its clients. "HOSTING GODS" recognizes that this information is the exclusive property of "THE CLIENT" and that under no circumstances will they understand it as having been granted or conferred any right or license over it.
SECOND. - In terms of the clause mentioned above, "THE CLIENT" will grant access codes, server access keys, site access keys, images, and general information, and general information is understood to mean all that provided or generated by "HOSTING GODS" or any other provider for "THE CLIENT" or its clients. This information will allow "HOSTING GODS" to use the software and hardware and have access to confidential information about "THE CLIENT's" clients. In such access or information, they are developed or to be developed, and may, in any case, download or use such information on their computer.
THIRD. - In terms of the above clause, "THE CLIENT" grants "HOSTING GODS" personal and non-transferable information, which will allow them to develop their activity as a professional service provider. Both parties agree that the responsibility for such information by "HOSTING GODS" will be for 1 (one) year after "THE CLIENT" expresses in writing to "HOSTING GODS" the end of the relationship in the area of professional service provision. Any request for an extension or modification of the same must be directed to "THE CLIENT," who will be the only one authorized to grant it. Likewise, "HOSTING GODS" assumes and recognizes the responsibility that may be incurred due to the misuse or disclosure of this information.
FOURTH. - Once the period in which "HOSTING GODS" provides professional services to "THE CLIENT" has elapsed, or at the request of "THE CLIENT," "HOSTING GODS" undertakes to remove all software or information to which it had access or downloaded on its computer.
FIFTH. - "HOSTING GODS" undertakes not to sell, lease, lend, record, negotiate, disclose, publish, teach, disclose, transmit, or in any other way reveal or provide to any individual or legal entity, national or foreign, public or private, for any reason to third parties who have not been previously authorized by "THE CLIENT," even if included or delivered in other documents such as studies, reports, proposals, or offers, in whole or in part.
SIXTH. - "HOSTING GODS" undertakes not to establish a company with activities similar to those developed in "THE CLIENT" for 2 (two) years after providing services to "THE CLIENT" or its clients.
Likewise, "HOSTING GODS" expressly agrees that it may not use, in any case, the "confidential information" for its own benefit or purposes. "HOSTING GODS" undertakes the obligation not to disclose the "confidential information" during the period in which it provides professional services to "THE CLIENT" and for 1 (one) year after the termination of such professional relationship. The obligation not to sell, lease, lend, burden, negotiate, disclose, publish, teach, disclose, transmit, or in any other way divulge or provide to any natural or legal person, national or foreign, public or private, present or future, by any means, including all those indicated in this agreement, extends to its partners, advisers, legal representatives, managers, advisors, employees, and other natural or legal persons who have a relationship with "HOSTING GODS," so the latter undertakes to commit the persons referred to in this paragraph to comply with this agreement and, likewise, not to refer to the "confidential information" in public or private, regardless of the purpose of the presentation, whether it is teaching, conference or any other means, whether paid or not.
In the event that "HOSTING GODS" fails to comply with the obligations under this instrument, and "THE CLIENT" demonstrates responsibility and damage caused by it, "HOSTING GODS" shall pay "THE CLIENT" a conventional penalty equivalent to the amount that the cost of the project stated in the service contract or any third-party assignee of said contract claims from "THE CLIENT" as a result of non-compliance with this agreement.
SEVENTH. - In the event of doubt as to whether any information is a trade secret and, therefore, subject to the terms of this agreement, it shall be treated as confidential and, therefore, subject to the terms of this agreement.
EIGHTH. - "HOSTING GODS" agrees not to enter into any kind of agreement, covenant, contract, negotiation or assume obligations with any natural or legal person, national or foreign, public or private, present or future, that conflict with this agreement or that result in or imply non-compliance with it.
NINTH. - For the interpretation and compliance of this contract, as well as for everything that is not expressly set forth herein, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes, Mexico, waiving any jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason.
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