TERMS OF USE OF SERVICE WEBHOSTING AND DEVELOPMENT NEEPZ
1.
The Contracted Service
Neepz Webhosting will provide to the contractor the service of site hosting, in a dedicated or shared environment, in accordance with the description of the resources of the plan of hosting available.
Unless expressly stated otherwise, Neepz Webhosting will not be responsible for the development of services of the sites, programming or installation of scripts, which may however be subject to the contracting party.
The plans include hosting configuration, installation and customization of a Content Management System (CMS), the content will remain under exclusive responsibility of the client.
The insertion of content can be achieved by Neepz Studio by the contracting party and dismissed by the client's content to be inserted into the website.
2.
The deadline
The contract of hosting will have at least an initial 30 days, renewable for equal and successive periods. For the registration of domains, the period is 12 months.
3.
The Renewal
The bill to renew the contract of hosting will be issued in advance on the maturity of the contract, considering this renewed by the prompt payment of the fee.
In the neglect of payment exceeded by the contractual period will result in the automatic suspension of services, and in full cancellation of the account after 30 days in arrears. In the case of hiring of dedicated servers, the non-payment of renewal until the maturity date of contract and in the absence of renewal, the dedicated server will be cancelled, and reformatted resulting in the loss of all data.
4.
The payment methods
Payments will always occur in advance, and may be made through credit cards through the service of online payments PayPal.
Regardless of the form of payment, the contract value is indivisible, so that the partial payment shall be deemed not paid until the effective full payment, placing the burden due to lack of payment.
5.
The Acceptable Use
The contractor may use his account to any legitimate purposes, respecting the laws in force, the technical limitations of the environment of shared hosting, and the present Use Policy.
The following practices are definitely not allowed:
a) storage and / or distribution of any material protected by copyright or other intellectual property rights, without which the contractor has to hold an express written permission of the use of those rights;
b) Storage and / or distribution of any material that violates the existing legislation, including but not limited to discriminatory or racist content, fraud, false or ideological apology to the crime of any kind;
c) Sending of bulk e-mail, of any kind, from a shared server at Neepz Webhosting;
d) Transmission of mail in bulk, regardless of the server of origin, which is intended for dissemination of sites hosted in Neepz Webhosting, or to use the files stored on servers Neepz Webhosting;
e) Sending of emails to more than 100 recipients per hour from one e-mail account, hosted on a server computer, sending an email to even more than 20 simultaneous to the recipients from a shared server, sending e-mails larger than 10 MB on the basis of a shared server, sending the emails to over 300 recipients per hour from a script installed on the server computer; sending of any unsolicited email that may result in complaints of SPAM by the recipient of it;
f) Storage and / or distribution of entries of people or companies, in particular lists of e-mails, except by express, proven and registered permission;
g) Attempt to gain access or undue damage to Neepz Webhosting network or networks of third parties, but considered the mere attempt to breach installation, storage or use of exploits, scanners, worms, manipulation of URLs to exploit flaws in scripts, and other tools and techniques of the same genre;
h) Submit the network Neepz Webhosting to a volume of abusive traffic data and / or use of system resources that could compromise the provision of services to other users, regardless of fault;
i) Offering public services, including but not limited to the provision of public e-mail, webmail, redirects, subdomains and FTP accounts, except in virtual servers (as sub full) or dedicated;
j) Transmit or store any adult material related to pornography and propaganda related to sex, including links to other sites with such content;
k) Transmit or store any material related to ANIMES;
l) Transmit or store any material related to IRC.
Violation of the rules above will lead to: request for removal of inappropriate material, suspension or cancellation of the account, depending on the type of violation, without prejudice to the other administrative measures, civil and criminal applicable to the type of breach of contract.
6.
The abusive use of Resources
The use of the system resources for each account (CPU and memory) will be tracked. The incidence of peak consumption that could endanger the stability of the server computer will be administered in proportion to the risks and can lead to immediate termination of scripts, temporary suspension of certain services to the account, applying filters, limits the number of simultaneous connections, etc.
It shall be deemed abuse, the use of the system resources above 1% (CPU and memory) in the Professional Hosting Plans, or in the case of Virtual Servers, above the limit described in each plan. The consumption of CPU and memory by each hosted account is calculated daily from 00:00 am to 23:59 pm, by sampling every 5 minutes. By comparison, the vast majority of accounts hosted on a shared basis has a below average consumption of 0.1% (CPU and memory). When contracting our services, you will have awareness of the limitations of shared hosting and agrees with the fact that large sites with high access, or that consume excessive resources of the system (CPU and Memory), have to be hosted in a dedicated server and can not be maintained on a computer, which would affect the availability of system resources for other sites hosted on the same server.
The use of the system resources (CPU and Memory) above the contractual limit, for 3 consecutive days or 6 alternate days, will incur the need to upgrade, or will result in the blocking / suspension of scripts / accounts that are causing the burden on the amount contracted.
In this case, the support staff of Neepz Webhosting will send a report of use, telling you about the scripts / accounts that are causing overload and try to help you solve the problem. After receiving the report, you will have 3 days to resolve the problem of overloading. If it is impossible to solve the problem it will require the transfer (s) of your website (s) (s) to a dedicated server or elsewhere.
7.
The Upgrades Policy
Requests for upgrade can be made at any time, by advance payment of the proportion of the difference between the current plan and the new plan desired.
8.
Technical Support
Technical support is provided through a system of mail / helpdesk / chat, with a guaranteed maximum response time of 12 hours to requests forwarded by business hours, and 24 hours to requests sent outside business hours.
The average time to respond to business hours will be kept below 8 hours.
The technical support will only solve issues relating to hosting of websites as well as help in shaping the tools themselves (cPanel / WebMail / Constructor).
The support team will not perform or assist in the development of sites, installation or configuration of scripts (whether Fantastic’s or not), editing of images and others, unless contracted to do so.
In the development of sites based on CMS, Neepz Webhosting is not responsible for any issues related to performance, bugs and others, caused by the script.
9.
The Uptime Policy
Neepz Webhosting keeps an uptime exceeding 99.5% in each server and the calculation done by external monitoring systems every 5 minutes and transferred monthly to users.
Maintenances for upgrades of hardware or software updates, requiring temporary stoppage of services will be held outside business hours, preferably from 00:00 am to 6:00 pm, and with prior notification to users who will be affected. Updates of security or maintenance of emergency will be implemented as soon as it is necessary to intervene.
This maintenance of upgrades and security are not included in the calculation of uptime of the server, they are fundamental to the smooth functioning of the system as a whole. Except in rare and unpredictable situations, the upgrades do not usually take more than 1 hour monthly.
In case of less than 99.5% uptime in a given month, Neepz Webhosting grant to the affected users a credit of 50 times the percentage difference, or 5% discount for each additional 0.1% of downtime, which should be sought as compensation for the following month.
Neepz Webhosting does not grant discounts when the reason for the downtime for a DoS attack (Denial of Service) against a site hosted on IP Shared. In the hiring of dedicated servers, the guarantee of uptime will be set according to use to be given to the server by the contractor, not applying the rules and general guarantees of the clause.
10.
Secrecy and confidentiality
The information on the site hosted by mail that circulates by our systems and data banks used by the contractor will be covered by the clause of secrecy and confidentiality, and the contracted, cannot reveal the information to third parties.
Neepz Webhosting will not be held responsible for violations of the above data and information resulting from acts of employees, agents or persons authorized by the contractor, or those resulting from the criminal actions of others.
11.
Cancellation and Readjustments
The service provided by Neepz Webhosting may be cancelled in writing, explaining the reason, telling the login and password by e-mail at: financeiro@neepz.com at any time without penalty, provided that the due monthly payments are settled and are at least 15 (fifteen) days of the next monthly payment.
There will be no returned amounts relating to any advance payment made by the contractor.
Neepz Webhosting reserves the right to change rates by notifying the contractor within 15 (fifteen) days before the date on which they will enter into force.
12.
The Final considerations
By opening a hosting account or hiring any services at Neepz Webhosting, the contractor is fully aware and agrees with these Use Policy.
London - UK - July, 23 - 2008
|