1.1. These general conditions are intended to establish the terms and conditions that govern the provision by IBERWEB®, hereinafter referred to only by IBERWEB®, Customer, Service Web Hosting on the Internet, here and after referred to as the Service Accommodation, in addition to the Special Conditions agreed in each case, between you and IBERWEB®.
1.2. The Hosting Services includes accommodation on the Internet for information IBERWEB® Client, as well as the provision of ancillary services subscribed by the Customer in the Schedule or later, upon written request made to that effect to IBERWEB®.
1.3. The terms in the Special Conditions, if any, shall prevail over the provisions of these General Conditions and on both, outweigh any additional provisions written specifically agreed between the Customer and IBERWEB®.
2.1. The Hosting Services will be provided in the following categories:
a) Without you checking the registration of a domain name’s private client. Here is a field of IBERWEB®.
b) On registration of a Domain Name Private Client. In this case IBERWEB® deals with the process of registering the Domain Name with the competent authority.
2.2. The hiring of accommodation, or in either mode, gives you the right to housing information on the amount subscribed by the Customer in the Schedule.
2.3. The accommodation information corresponding to a higher number of Mb to those who are defined under the previous paragraph the payment by the Client to IBERWEB® the amounts are set at every moment in the price list referred to in clause 8 for each Mb of information.
2.4. The non-use by you of the totality of hired Megabytes of information under paragraph 2.2 above is your sole responsibility, not giving you the right to require IBERWEB® any reduction or discount on the price fixed.
3.1. The servers cannot be IBERWEB® source, intermediary, or destination address involved in the transmission of "spam" or "bombs" by e-mail and domain / site and / or account e-mail may not be referred as the source, intermediary, or engaging in the above. IBERWEB® considers"spam" all commercial email (UCE) Unsolicited (UBE) in the media of the newsgroup, the faxes, and e-mail.
3.2. If the Customer hosting account is involved in activities of "spam", IBERWEB® reserves the right to immediately and without notice suspend Hosting Services. IBERWEB® reserves the right to refuse or cancel accounts "spammers" known as well as determine who violates this policy.
3.3. Pornography, pedophilia, pornography-related sites, sites related to pedophilia, commerce sites related to sex and sex-related products, sites "adults only" sites with areas for adults only and sites with images of naked or part are prohibited in IBERWEB® servers. It’s still not allowed housing to sites that link to such sites (links and directories).
3.4. Itis also forbidden in IBERWEB® servers, sites that promote illegal activities, xenophobia, racism, or that may be harmful to IBERWEB® servers or any other server on the Internet. Links to such materials are also prohibited as well as sites that link to such sites (links and directories). In addition, the accommodation is not permitted for websites that promote crack, illegal software or software for sending mass e-mail over the Internet. Links to such materials are also prohibited as well as sites that link to such sites (links and directories).
3.5. Scripts as starx, X windows, BNC, IRC and IRC bots, eggdrop, YaBB cgi, and Bitch BitchX, as well as any programs or scripts that may attempt to take the root of servers or they can create problems for them are not allowed on the servers of IBERWEB® programs. They are also allowed to chat scripts in Java.
3.6. It is not allowed on the servers of IBERWEB® programs, or scripts, which can cause problems with correct operation. This restriction also applies to programs that can use resources overblown CGI, MySQL, PHP, ASP, Sendmail (SMTP), Java and / or RAM. The IBERWEB® reserves the right to deactivate, immediately and without warning a program that can be in these conditions or to suspend the Hosting Services to Customer.
3.7 It is not allowed on the servers of the IBERWEB® to send mass emails / newsletter, which can cause problems with correct operation. Stipulate the default value of 500 emails that can be sent per hour. The IBERWEB® reserves the right to suspend immediately and without notice to Customer Service Accommodation incurred under these conditions.
3.8. The connections to the MySQL PERL and PHP should be recycled, that means the respective scripts must end with a command to terminate the connection. For all Perl scripts should end with, for example, the following command: $ dbh-> disconnect (). The scripts in PHP with MySQL connections should be closed with the commands: mysql_close (); or mysql_close ($ dbh) if $ dbh is pointing to an object of connection to the database. The IBERWEB® reserves the right to disable a script that is not in these conditions or to suspend the Hosting Services to Customer.
3.9. It is not allowed on the servers of IBERWEB® housing sites for the distribution of free software, free hosting pages, systems, free email, blogs (weblogs) free or others who may disrupt the smooth functioning of the servers.
3.10. All the violations indicated in the above clauses will result in immediate deactivation of the Hosting Services without notice or refund. You can also charge the customer for compensation for damages.
3.11. Rules and restrictions here presented also applies in the Online Radio Web hosting Service. In this sense, IBERWEB® condemns the use of all content that infringes copyright and other copyright protections and can not therefore be held responsible for the misconduct of its members.
4.1. The Customer IBERWEB® assigns a personal identification code (username) and password (password) for access to the services provided under this contract.
4.2. For the purposes of the preceding paragraph, it is up to you to define the terms and conditions of user access to the services provided under this contract, which must ensure compliance by those of this contract, being responsible to and IBERWEB® any third party for the acts committed by them within that framework.
4.3. Identification codes and passwords are personal and not transferable and is for information and exclusive use of the Customer, the Customer shall ensure that at all times and protect the confidentiality of data, including not disclosing to third parties and not operating under conditions allow their decoding and copying.
4.4. The IBERWEB® will not be liable for any loss or damage caused by improper use of identification codes and passwords.
4.5. The Customer undertakes to identify when access to services with the particulars of which have been assigned by IBERWEB®, pledging not to use, in any case, the identifiers assigned to other customers.
5.1. In addition to the provisions of paragraph 3, you agree not to use the Hosting Services for purposes contrary to the law, namely not to use this service to disseminate information that may undermine the moral integrity or any other rights or interests of others or even to convey information which could be qualified as a practice and / or incitement to commit criminal acts, contrary to law or public order, and any information whose disclosure could or should for any reason be illegal.
5.2. Where information is to be accommodated may be regarded as containing an advertisement, the Customer undertakes to comply with the standards listed in the Advertising Code and other applicable regulations.
6.1. By making the first payment, the Customer expressly acknowledges and agrees that:
a) The services to be provided by IBERWEB® under this contract are limited exclusively to provide the Customer with a physical support for housing information, IBERWEB® unaware of the content of information stored, which is the sole responsibility of Customer.
b) The IBERWEB® is not to be liable for (i) damage caused by the fault of the Customer or any third party, (ii) resulting from the fulfillment of judicial decisions or administrative authorities or (iii) resulting from the verification of cases of force majeure , that is extraordinary situations or unpredictable in nature, outside the IBERWEB® and that it cannot be controlled, such as fires, power outages, wars, riots, earthquakes, floods or other natural disasters, strikes or any other situations not controllable by IBERWEB®.
c) IBERWEB® does not guarantee that the Hosting Services will be uninterrupted and cannot be held liable for any use, or inability to use the Hosting Services, including but not limited to, service interruptions, problems sending and receiving electronic messages (emails), Internet connectivity problems, unauthorized access to servers IBERWEB®, problems with caching DNS servers and congestion problems associated with transfer of information on the Internet.
d) Should you subscribe to the registration of a Domain Name that IBERWEB® just merely submit this registration with the competent authorities and is not in any way responsible for examining the feasibility of applications as well as the granting or denial of the requested domain names.
e) The response time in IBERWEB® sometimes can take a little longer to be affected by a conjuncture of factors, however, in due time, it will not exceed twenty-four hours.
6.2. IBERWEB® OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, FAILURE, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, FISHY BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CUSTOMER FOR THECURRENT MONTH IBERWEB®.
7.1. The IBERWEB® reserves the right to suspend the Hosting Services in the event of default by the Customer of any obligations arising from this for the same contract.
7.2. Under the provision of accommodation services, the IBERWEB® will not be liable for loss of data / information that may result from suspension of service for accommodation in case of default by the Customer of any obligations arising from this for the same contract.
8.1. For a better understanding of the term 'unlimited' when applied, it should be noted the current settings of some of the concepts. We define 'space' as much disk recorded data code files, images, videos and similars. In all cases, 'transfer' is the amount of data traffic between our servers and visitors / legitimate users of their websites. Therefore, where applicable, 'unlimited' means there are no restrictions on the amount of space consumed by visitors of hits / users to your site as well as data transfer. As a result, there will be no additional charge accordingly.
8.2. To have unlimited space and transfer it does not mean that the customer may use his web hosting area in order to harm the functioning of the server, for illicit purposes or that will tackle any other way the legislation.
8.3. IBERWEB® reserves the right to, at any time, amend the said price list in the previous paragraph.
8.4. It will be then shown a few examples of what is not allowed when a service, promotional character or not, is the Unlimited disk space:
The accommodation of movies, TV series, music, applications, or any kind of copyrighted material, characterized as 'piracy', stored in any format or file extension;
The use of web hosting as a virtual disk, or as space for storage or backup files other than your site's elements. For this purpose, other products can be used as the VPS or dedicated Servers options available on IBERWEB®. The purpose of a Web site hosting plan is to have only web sites;
The use of the web hosting as 'mirror' of other sites or to serve as uploads server in sites as 'RapidShare' and 'MegaUpload', or use as a distributor mass of large multimedia;
The availability of their login and password for the Control Panel, SSH, FTP to the public - for example on message boards, mailing lists, chat channels, other sites - in order to share files with the general public.
8.5. If you are hosting your site and it is compatible with the established points, you will not have to worry about transfer limitations preventing your growth, also knowing that other sites hosted on the same server will not harm it by the same reasons.
8.6. All contractual clauses currently in course and which do not relate to space and transfer limits are fully maintained. For questions about the contract application or the notice of promotional character, prevail the provisions of the contract.
8.7. The backup function is disabled for hosting accounts that consume more than 20 GB of disk space to prevent misuse of the tool and consequently the Server disorders due to excess use of CPU is done.
10.1. All payments must be made to IBERWEB® in advance for the period of Hosting Services to which they relate. The invoices / receipts follows by mail after the payment. The IBERWEB® does not issue invoices in advance.
10.2. The Hosting Services will be held in accordance with Clause 7, if not the payment of the Service by you, in advance. By making the first payment the customer is shown under these conditions. 5 (five) days after the suspension of the Hosting Services, and if not, however, the payment, the account will be completely deleted from hosting servers IBERWEB®.
10.3. Under the provision of accommodation services, the IBERWEB® not be liable for any loss of data / information that may result from the suspension or cancellation of Hosting Services for nonpayment.
10.4. In the event of late payment of any amounts owed by Customer to IBERWEB® under this contract and without prejudice to Clause 11 IBERWEB® the charge on those amounts and the duration of the arrears, interest at the commercial rate applicable, and may concurrently suspend the provision of service under clauses 7 and 9th.
11.1. Either party may terminate this contract in the event of default or defective performance of any obligations assumed by the other under these Conditions apply or private.
11.2. The resolution operates automatically on the date of receipt of written notice to that effect sent by one party to another, citing the reasons for the extinction of matter and any rights or obligations assumed by the parties prior to the date of the resolution, unless the right of IBERWEB®. Receiving any money owed by to client to IBERWEB® before.
12.1. The Customer may terminate this contract within 30 (thirty) days after the commencement of the provision of Hosting Services. The resolution does not give IBERWEB® the right to compensation, the same being required to return to the Customer within 30 (thirty) days the amounts paid by it under this contract.
12.2. The IBERWEB® reserves the right to refuse to open or close accounts accommodation without having to justify the reason leading to this decision.
13.1. This contract shall be active at the time of payment by the Customer on the first month and lasts for the period of 1 (one) month, renewing automatically for equal and successive periods, unless terminated by either party under following paragraph.
13.2. Each party may, at any time, terminate this contract upon notification, and to this effect sent to the other in advance of 30 (thirty) days from the expiry of the initial term or one of its renovations.
13.3. Termination of contract under the preceding paragraph shall take effect only on the last day of the month to which it relates and no matter the right to any compensation or any other compensation.
14.1. Without prejudice to 8.2. and 14.2., any and all amendments to this contract must be agreed in writing.
14.2. The IBERWEB® reserves the right to change the technical conditions of provision of accommodation services, without the authorization of the Customer, provided that such changes do not involve additional costs for the same.
15.1. For the purpose of performing service in connection with legal proceedings aimed at the fulfillment of financial obligations arising from this contract, the parties agree the address indicated on the application form online.
15.2. The Customer undertakes to inform the IBERWEB® of any change of address indicated on the application form online, within 30 (thirty) days, failing which the Customer at the address mentioned considering initially indicated.
16.1. If any measure of this agreement is held illegal, invalid or not enforceable by a court of law, legality, validity and enforceability of the remaining provisions of this Agreement shall remain non-affected thereby, unless otherwise stated.
16.2. This contract reflects the agreement of both parties and enforces the laws in force in the Republic. For the resolution of any dispute between the parties will only be the competent court of the district of Braga, and renounced any other, supporting the losing party all expenses arising from such litigation, including attorneys fees that the forensic other party may, perhaps , to appeal to assert their rights.
What are the storage and transfer limits of this plan?
None! There are no limits on disk storage or transfer in the web hosting service that we provide in this package. We want you to have everything you need to create your online presence without having concerns with these limits.
However, we intend that our clients respect our Terms of Service, and we hope they use storage space and monthly transfer only for the normal functioning of a website. Although rare, IBERWEB® may have to place restrictions on hosting accounts that do not follow a "normal" wear and consequently adversely affect the other customers on the same server.
How do you determine a "normal \ functioning"?
We regularly review the transfer data of our customers and storage utilization through a series of statistical analyzes and we use the results of these studies to set the "normal". Although the actual test results vary from month to month, something remains constant: 99% of our customers fall in a "normal" range . Those who are outside the normal range, are excessively using their accounts for storing and sharing files, instead of using it for a hosting site, therefore they are using the account same violating copyright rules and other terms set out in our Terms of Service.
Please note that there are solutions in IBERWEB® as VPS Cloud, which are more advantageous for customers who require more robust hosting plans.
What happens if I exceed the "normal" use ?
If anomalies are detected in the transfer or storage used on your account, you will receive an email indicating that situation. Once again we inform you that it is very rare for a customer who is managing personal or business sites exceed our usage policies.
As you know, the principle of shared hosting is that all users comply with the responsible use policies, and IBERWEB® will not allow its service to be affected by the misuse of other customers.