General Service Contract
CONTRACT FOR THE PROVISION OF SERVICES CONCLUDED BY THE ONE PARTY “YOU” WHO SHALL BE REFERRED TO AS “THE USER” AND THE OTHER PARTY “MEXISERVER – Gerardo Gomez A.” HEREINAFTER REFERRED TO AS “THE COMPANY” WHICH ARE SUBJECT TO THE FOLLOWING DECLARATIONS AND CLAUSES.
STATEMENTS
Declares “THE COMPANY”.
That it is a natural person duly incorporated under Mexican law.
That it has the legal, technological and human capacity to enter into this contract, powers that have not been restricted or modified in any way.
That its Federal Taxpayers Registry code before the Ministry of Finance and Public Credit is GOAG890530DUA according to its tax identification card.
Declares “THE USER”.
That the information provided in the purchase order is reliable, therefore, the information provided is real and verifiable, relieving “THE COMPANY” of any responsibility for the falsehood with which it conducts itself, for the falsification of documents or impersonation of persons, names, addresses or identification data used to hire the services provided by “THE COMPANY”.
That he/she is in full use of his/her physical, mental and legal faculties to be able to enter into this contract.
In the case of being an individual user, “THE USER” guarantees that he/she is at least 18 years of age and in the case of being a company user, “THE USER” guarantees that the service will not be used by a person under 18 years of age.
That you are solely and exclusively responsible for the data, trademarks, logos, patents or identification symbols and colors you provide.
DEFINITIONS
Domain Registration
A domain name is an alphanumeric identifier that locates one or a set of resources on the Internet, that is, it is the “translation” to alphanumeric characters of an IP (Internet Protocol) which allows our domain to be identified in order to reach its information in such a way that it allows any network user to easily locate our server to access its resources such as Web pages or e-mail without having to remember a series of numbers (IP address).
Shared Server
A dedicated server is a server that hosts several users sharing the different server resources among all the users of the server.
Web Hosting, Web Hosting or Web Hosting
It means the space rented by “THE COMPANY” in a shared server to “THE USER” to host its web page.
Reseller Hosting or Reseller Hosting
It means the space rented by “THE COMPANY” in a shared server to “THE USER” so that he/she can resell such space.
CLAUSES
FIRST. Object of the contract
By this contract “THE USER” contracts the web hosting services in a shared server provided by “THE COMPANY” for its use, where it may host the contents of its website, e-mail, applications and information in general of “THE USER”, as long as these do not contravene the terms of this contract, and with the limitations imposed by the applicable legislation on specific cases.
SECOND. Contract restrictions
Any access to other networks connected to “THE COMPANY” must comply with the appropriate rules for those other networks.
“THE USER” represents, assumes and warrants to “THE COMPANY” that he/she will use the assigned Web Site only for lawful purposes. In particular, “THE USER” represents, warrants and undertakes for us the following:
You will not use the server in any manner that violates any law or regulation or harms the rights of any third party, nor will you permit or authorize any other person to do so.
“THE USER” may not publish, direct or transmit (streaming):
- Any material that is unlawful, threatening, abusive, malicious, defamatory, libelous, obscene, blasphemous, profane or otherwise objectionable in any respect.
- Any material containing viruses or other hostile computer software.
- Any material that constitutes or encourages the commission of a criminal offense, or by its publication incites others, directly or indirectly, to commit any offense under civil and/or criminal law, or that infringes any patent, registered trademark, design rights, copyright or any other type of industrial or intellectual property of any natural or legal person that may survive under the laws of any jurisdiction.
In case of commission of illegal acts, infractions or penalties under state, federal or international laws, the User shall be solely responsible for the use of your account and content in the commission of the same, relieving from this moment to MEXISERVER – Gerardo Gomez A. of any civil, criminal or administrative liability.
“The USER will ensure that all mail sent is in accordance with all applicable laws (including the legal protection of information) and in a secure manner.
“THE USER” may not excessively consume system resources, including but not limited to processor cycles, memory and transfer, in case of violating this point “THE COMPANY” may restrict, limit or suspend the contracted service for excessive use of resources without any liability for the latter.
“USER” shall keep secure any identification, passwords and other confidential information related to his/her account and shall immediately notify “THE COMPANY” of knowledge or suspicion of unauthorized use of his/her account or breach of security, including loss, theft or unauthorized use of his/her password or any other security information.
“THE USER” may not perform any action that could damage our business reputation, or that of any company or business related to “THE COMPANY”, this includes denigrating or discrediting comments that are made on pages, blogs, posts or any other means in which “THE USER” can pour these comments against “THE COMPANY”, its directors, employees or personnel, so we reserve the right to remove the account of “THE USER” as well as if making comments that denigrate the services, products, network, affiliated companies, strategic partners, employees, directors or personnel of “THE COMPANY”.
“THE USER” who makes discrediting comments or who initiates denigrating campaigns of the services or products offered by “THE COMPANY”, will be responsible for the determinations issued by the competent authorities in civil and/or criminal matters, as well as accepting the payment of damages that may be caused to “THE COMPANY”.
THIRD. Prohibited uses of the service
The service provided hereunder shall not be used for the following uses, which are listed in an enunciative but not limiting manner:
Advance Fee Fraud “spam” to solicit a fee in anticipation of making a monetary gain.
Intentional or unintentional use of “spam”.
“Child Pornography” Hosting, distributing or linking to or from a site that contains pornography involving a person who appears to be underage, including content that may be referred to as “Soft Porn” or “Soft Porn” that involves minors and may not include nudity.
“philias” Hosting, Distributing or Linking to or from a site that contains erotic or pornographic content that may be considered filia, including but not limited to Zoophilia, Coprophilia and Necrophilia.
Sending e-mail containing or linking to pornographic content involving a person who is legally underage.
“Copyright Infringement”. Hosting, Distributing or Linking to copyrighted materials.
“Denial of Service (DoS) denial-of-service attacks on network devices.
Since our connectivity providers are located in the United States of America, our Internet services are subject to the embargo laws of that country, which our company does not allow:
- The export or re-export of our services and technology to the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria.
“Forgery. Fake an IP address, hostname, e-mail or header.
“Fraud Site. Hosting or linking to any site that is intended to deceive the public, including pyramid schemes and fraudulent investment methods.
“Hacking” or “Cracking”. Circumventing or attempting to circumvent network device security systems to gain unauthorized access to a system by any means.
“Identity theft” hosting, distributing or linking to stolen account information.
“Infection” hosting, distributing or linking to Exploits, Trojan Horses, Viruses or Worms.
“IRC Malicious or not allowed” Malicious use of the Internet Relay Chat service or use of the Internet Relay Chat service without our prior approval.
“Proxy and Relay” to host an Open Proxy or Open Relay. Abusing the vulnerability of a Third Party Proxy.
“Phishing” Any fraudulent process to attempt to acquire sensitive information such as but not limited to usernames, passwords, credit card details by impersonating a secure and trusted entity through electronic communication.
“Scanning” scanning for vulnerabilities of network devices.
“Shells” host accounts primarily for shell access.
FOURTH. Consequences of prohibited uses of the service.
All domains, sites, users, applications or services that incur in the uses not allowed by “THE COMPANY” will be removed from the service, servers and IP addresses provided by “THE COMPANY”. Any misconfigured or insecure software installed by “THE USER” and by which any of the non-permitted uses are incurred must be properly configured, reinforced or removed. “THE USER” must respond to the notice we provide about the violation promptly with relevant information that will allow us to resolve this problem. Depending on the type of violation, severity, history, number of complaints your services, servers and IP addresses may be:
- Monitored to identify additional violations.
- Accessed for Investigation, Cleaning, Reinforcement or Security.
- Suspended definitively or temporarily, with no obligation to notify such suspension.
- Temporarily suspended in 24 hours, 12 hours, 6 hours, until the prohibited use is clarified.
- Reviewed for Cancellation.
- Canceled.
The suspension of the service will be carried out immediately and for the time required by “THE COMPANY” to clarify, correct or investigate the prohibited uses incurred by “THE USER”. The suspension of the service provided for herein may be carried out even if the use or abuse is carried out intentionally or intentionally.
“THE COMPANY” will not violate the purposes or scope of the object of this contract, since “THE USER” by signing and electronically contracting this contract, manifests acceptance without reservation to the suspension of the service agreed upon in this clause.
FIFTH. Internet electronic mail service (e-mail)
In case of requiring it, the e-mail accounts that “THE USER” hires in this act and the future ones that he/she may hire, will be hosted in the servers of “THE COMPANY” and may be read by “THE USER” using the ID (Identification) and Password that “THE COMPANY” or “THE USER” assigns to each one of them.
In any case, “THE COMPANY” is not responsible in any way in the event that a virus is not detected by the antivirus software installed on its mail servers and is transferred to the mailboxes of “THE USER”.
Without exception, it shall be the responsibility of “THE USER” to have and maintain in all its computer equipment an antivirus software constantly updated to prevent it from the possible consequences of contamination by viruses.
Limits for sending emails per web hosting service (account):
- Plan Mx – Mini: 250 emails per hour
- Mx Plan – Premium: 250 emails per hour
- Plan Mx – Professional: 250 emails per hour
- Mx Plan – Enterprise: 1000 emails per hour
SIXTH. Restriction of e-mail service.
The service contracted by “THE USER” does not give him the right to send SPAM. Any unsolicited bulk e-mail is considered SPAM. Unsolicited means that the recipient did not provide verifiable, deliberate, explicit and revocable permission for the message to be sent. Bulk means that the message was sent to multiple recipients with mostly identical content. No other definition of SPAM applies to the definition of SPAM used in this contract. Failure to comply with the above, entitles “THE COMPANY” to limit the e-mail service to 1000 daily deliveries per storage account, to suspend the service of “THE USER” and if necessary to terminate this contract.
SEVENTH. Lodging Service Availability
“THE COMPANY” will make or apply its best reasonable effort to make the server and the service available to “THE USER” at all times, however in the event of any eventuality, “THE COMPANY” shall not be liable for interruptions of service or for the time the server is offline.
“THE COMPANY” has the right to suspend the service at any time if necessary to ensure the preservation of the server or for any reason it deems appropriate, always trying to give notice to “THE USER”, if this is not possible “THE USER” retracts any legal action against “THE COMPANY”, exonerating it from any liability for it.
The guarantees of uptime and refunds are not valid for causes not attributable to us, which prevent you from using the services provided by our servers:
- For any act or omission of “THE USER”, including their negligence, premeditated acts or misuse of our services or equipment that prevents us from providing our services.
- Scheduled maintenance of our server network.
- Failure of “THE USER” to promptly report the incident to the support services.
- Problems outside our server network (Internet providers to our network, connection of “THE USER” or problems with his PC).
- Interruptions or failures of individual services, attributable to third-party software, customer abuse or over-utilization of resources.
“THE USER” releases “THE COMPANY” from any responsibility for the loss of information or data stored in the hosting service, however “THE COMPANY” will take special care in the conservation and integrity of the information of “THE USER”, and if the information is lost, it will not be the responsibility of “THE COMPANY”. It is the responsibility of “THE USER” to maintain its own backups of its information.
EIGHTH. Of the support system
The support system will be provided by “THE COMPANY” in the manner and times established on “THE COMPANY’s” website.
The support system will not be by telephone in any way, with the exception of the plans that “THE COMPANY” considers and as long as it has human and technical availability to do so.
All support systems will be remote and non face-to-face.
“THE COMPANY” provides technical support related to the server, “THE COMPANY” does not provide support for third party applications installed by “THE USER” that involve specific application problems such as programming or special configurations.
“THE COMPANY” does not provide support to customers of “THE USER”.
Any non-conformity or complaints with the service must be notified in the manner and terms established in the website of “THE COMPANY”.
NINTH. Payments
Any charges payable by “THE USER” for the services shall be in accordance with the scale of charges and rates published by us on our website and shall be due and payable in advance of the provision of our services. We reserve the right to change prices at any time and without prior notice, however all prices are guaranteed to “THE USER” for the period of time that he/she has made his/her prepayment.
Payment for services is made on an annual basis or for the time agreed upon in the purchase order.
All payments must be in Mexican pesos or the equivalent in foreign currency.
If the payment of any amount that “THE USER” must cover is not made before the due date, we will have the full right to suspend the contracted services.
TENTH. Refunds
“The USER” may only validate the refund guarantee 30 days after the date of activation of the purchase order, after this date no refund will be made.
The refund will not be applicable to domains, plan downgrade fees, SEO plans, google adwords, pre-payments, intellectual property services, security certificates and whatever “THE COMPANY” may determine from time to time.
In order to make the reimbursement effective, “THE COMPANY” will request the necessary documentation for such reimbursement.
Reimbursements will be made within the last five working days of each month.
SERVICES NOT ACTIVATED: If for any reason the service that “THE USER” contracts cannot be activated, he/she must request a refund within a maximum of 30 days after the payment of the service, in case he/she does not request it within the following 30 days in which the payment was reflected, the Refund will not be made by “THE COMPANY”.
ELEVENTH. Billing Policy
“The USER” has from the date of payment confirmation until the third calendar day of the following month to request the invoice corresponding to the contracted services in his user panel, otherwise it will be billed as retail and the fiscal invoice may not be regenerated.
TWELFTH. Intellectual property, trademark and copyright.
“THE USER” declares that the contents placed in the contracted space in the server of “THE COMPANY”, whether these are proper names, trademarks of products and/or services, images of any nature, quotations, references, files with sounds or videos or other materials, are their property or have the corresponding authorization of their legitimate owners. In any case, “THE USER” will be the only responsible for any transgression to what is stated in the present clause, being “THE COMPANY” free of any responsibility since it is only limited to publish the contents that “THE USER” uploads to the hosting. “THE USER” undertakes to observe and respect the provisions of articles 2, 9, 10, 10 BIS, 11, 12, 15, 22, 27, 28, 31, 62, 87, 88, 89, 98 BIS and 100 of the Industrial Property Law in force in Mexico, and its correlatives in the legal provisions in foreign countries.
“THE USER” may not make use, either partially or totally, of the patents, utility model registrations, industrial designs, trademarks, and commercial notices of “THE COMPANY”.
“THE USER” may not make use of the names, signs, symbols, acronyms or emblems of “THE COMPANY” as if they were its own.
“THE USER” may not perform acts that infringe industrial property or that constitute unfair competition related to the same.
“THE USER” may not use the trademarks of “THE COMPANY” who has the exclusive right of use, being understood as a trademark any visible sign that distinguishes the products or services of “THE COMPANY”.
“THE USER” is the sole and exclusive responsible for the truthfulness and legality of the data provided to “THE COMPANY”, including in this its trademark, patent or registration that identifies it, releasing “THE COMPANY” from any civil, criminal or administrative liability for the use or domain of trademarks or patents in degree of confusion with any other registered in Mexico or abroad. Likewise, the user declares to be aware and accepts responsibility for violations of fact or law established by national and international organizations regarding intellectual property, being obliged to respect the determinations and resolutions that emanate from them in relation to the ownership of a domain, being obliged in the same way to respect the procedures and resolutions established by “THE COMPANY” in relation to dispute resolution procedures.
“THE USER” is the sole and exclusive responsible for the sanctions or infractions imposed by the industrial property authorities and civil and/or criminal authorities.
In case of conflict for trademarks, patents, utility model registrations, industrial designs, brands, and commercial notices, “THE COMPANY” reserves the right to temporarily suspend the service to carry out the corresponding clarification with “THE USER”, without any responsibility for “THE COMPANY” for such temporary suspension.
THIRTEENTH. Termination and self-renewal of the contract
If “THE USER” fails to pay for any renewal with “THE COMPANY”, the latter may suspend the service and/or terminate this agreement immediately without prior notice to “THE USER”, without any liability for “THE COMPANY”.
If “THE USER” fails to comply with any of the terms, conditions or restrictions of this agreement, regardless of the order or exclusion, “THE COMPANY” may suspend the service and/or terminate this agreement immediately without prior notice.
When “THE COMPANY” receives a request for termination or rescission of the contracted account or of some of the services, it will be processed and accepted as long as “THE COMPANY” has sufficient and sufficient evidence that it is a request made by “THE USER”, who will be the only one authorized to carry out the cancellation or rescission of the account. Such information required is, but not limited to: account number, user, password and any other information that “THE COMPANY” considers relevant to verify your identity.
“THE USER” who wishes to cancel any service must send his/her request by e-mail to “THE COMPANY”, providing identification data, account number, user identification, the service he/she intends to cancel and a statement of reasons why he/she intends to cancel the service.
Once the registration period of a domain name has come to an end “THE COMPANY” may renew it without the consent of “THE USER” in any of the following circumstances:
- If there is a domain dispute (URDP) in progress, the domain will be put in status: “hold” and the whois contact details will indicate: “Domain Dispute”.
- If there is a valid court order.
- If the domain name is subject to litigation by a court of competent jurisdiction.
- Any other circumstances approved by ICANN.
FOURTEENTH. Adult content
“THE COMPANY” under no circumstances allows adult content containing data or persons under 18 years of age.
“THE USER” who uses “THE COMPANY” service to store adult content agrees that we will continually review the content of their website for protection against child pornography and/or illegal content.
“THE USER” that is found in its web site child pornography and / or illegal content, your account will be terminated immediately as well as this agreement and the content found will be reported to the competent authorities and institutions that merit it in ALL cases.
“USER” agrees to pay a penalty of $10,000.00 Mexican pesos in case he/she is found to be hosting child pornography and no refunds will be paid.
We reserve the right to remove and terminate at our discretion any website containing adult content.
“THE COMPANY” shall immediately inform the Attorney General’s Office of the Republic of the illegal activities so that in exercise of the powers vested in it, it may inform the Cybernetic Police under the General Coordination of Intelligence of the Federal Preventive Police, and act in the investigation and prosecution of the illegal activities committed.
Anyone who sells, distributes, exposes, circulates or offers, to minors under eighteen years of age, recordings, films, photographs, images or objects of pornographic character, real or simulated, through the account contracted with “THE COMPANY”, will be denounced before the Local and Federal Public Ministry for the illicit contained in the Federal Criminal Code.
“THE USER” who by any means procures, forces, facilitates, or induces a person or a minor under eighteen years of age, or a person who does not have the capacity to understand the meaning of the act, or a person who does not have the capacity to resist it, to perform acts of corporal or sexual exhibitionism, with the purpose of videotaping, photographing, exhibiting or describing it by means of any type of visual, audio, electronic material, computer systems, transmission of data files in public or private telecommunications networks, or any other means, will be reported to the Public Prosecutor’s Office of the Republic of Mexico, or describe it by means of any type of visual, audio or electronic material, computer systems, transmission of data files of public or private telecommunications network, or any other means, will be denounced before the Institutions of the Local and Federal Public Ministry for violation of articles 202, 203, 208 and other applicable articles of the Penal Code for the Federation.
“THE USER” who films, photographs, videotapes, prints acts of corporal or sexual exhibitionism, involving one or more minors under eighteen years of age, or one or more persons who do not have the capacity to understand the meaning of the act, or one or more persons who do not have the capacity to resist it, will be immediately reported to the Cybernetic Police under the General Coordination of Intelligence of the Federal Preventive Police, so that according to their attributions, they proceed criminally against him/her.
The same fate will have “THE USER” who modifies by any electronic, mechanical or computer program means, the image of one or more persons under eighteen years of age, or of persons who do not have the capacity to understand the meaning of the fact, making them appear in acts of corporal or sexual exhibitionism.
“THE COMPANY” is obliged to report the commission of the aforementioned crimes in accordance with the provisions of Article 147 of the Code of Criminal Procedures for the State of Mexico.
“THE USER” releases “THE COMPANY” from any responsibility for the data, images, videos or any other data stored in the contracted server.
FIFTEENTH. Reseller Hosting
“USER” that has a Reseller Hosting service shall be responsible for its customers and must ensure that its customers do not violate any part of the terms and conditions contained in this contract.
If “THE COMPANY” becomes aware that the Reseller’s customers are in clear violation of the terms and conditions agreed upon in this instrument, it may immediately suspend the user’s account, until such time as the reseller’s customer complies with the guidelines contained herein.
The Reseller declares to be jointly and severally liable for the acts or omissions made by its customers, and therefore shall be equally liable with them for violations to this contract, as well as for the commission of crimes against third parties or the company.
“THE COMPANY” shall not be responsible for the actions performed by the Resellers that contract its services, much less for the actions or omissions committed by the clients of the users/resellers.
A Reseller may assign its customers to “THE COMPANY”, however, for this purpose there must be a document or proof by e-mail in which the Reseller requests the assignment of customers, and consequently “THE COMPANY” must extend the acceptance of the proposed assignment, however this assignment must be free of any civil or criminal liability, without this meaning an employer substitution or an acceptance of charges and obligations contracted by the assigned customers.
Resellers shall not create web hosting packages that contain features that “THE COMPANY” does not offer, however they may offer packages created by themselves as long as they are attached to the services offered by “THE COMPANY”.
“THE USER” as a Reseller may not copy content, images, use partially or totally of patents, utility model registrations, industrial designs, trademarks, commercial notices or any other piece of information from the website of “THE COMPANY” to place it in his own, so the Reseller will be responsible for developing its own content, images and website. “THE COMPANY” reserves the right to suspend the account of the user/reseller in case of violation of this point.
SIXTEENTH. Domain Registration
“THE USER” is obliged to provide and update his contact information (Name of the holder, Name of the company, Postal address, Telephone and E-mail) with truthful and reliable information in the registration of the domain name. Furthermore, it is the duty of “THE USER” to correct and update its data promptly during the term of the domain name registration.
If “THE USER” or holder of the registered domain name intentionally provides inaccurate or unreliable information or does not promptly update the information, or does not respond within 15 days to the request sent by “THE COMPANY” to update its data, the registration of its domain name may be cancelled.
If “THE USER” or domain name holder registers a domain name and then allows a third person to use this domain name and the latter does not enter into the agreement between “THE COMPANY” and “THE USER”, “THE USER” or registered name holder may be held liable in case of improper use of the domain name by the “third person”.
In case of a domain name dispute, “THE USER” or domain name holder must accept the courts with competent jurisdiction in at least one of the two places: the place where “THE COMPANY” is located or the domicile of the “USER” or domain name holder.
“THE USER” agrees with “THE COMPANY” that the domain name registration is subject to suspension, cancellation or transfer for the following reasons:
- By any specification or policy adopted by ICANN if required.
- or if “THE COMPANY” or procedure of the registry of domain name requires it to correct errors of the registrar or of the Registry when registering a domain name,
- or for the resolution of UDRP (Uniform Domain-Name Dispute Resolution Policy) disputes concerning the registered domain name.
“THE USER” or holder of the domain name declares that the registration or use of the domain name made with “THE COMPANY” does not violate the legal rights of others, according to the Domain Name Dispute Resolution Policy (UDRP). It also assures that the domain name is not being registered for illegal purposes and will not be used to violate any applicable laws, otherwise “THE COMPANY” may delete/suspend without prior notice the domain name registered by “THE USER”.
“THE COMPANY” will not be responsible for the availability of the domain name that “THE USER” intends to acquire or use if it is not available at the time of requesting the registration.
“THE USER” is aware of and understands the legal scope of the availability search, therefore “THE COMPANY” will carry out the availability search in the international domain market, without any obligation for “THE COMPANY” to arrange or obtain positive results in the search, reservation or purchase of the desired domain.
In order to change the name of the domain name purchased, “THE USER” must notify “THE COMPANY” by e-mail, during the business hours established in the web site.
For the case of domain name change referred to in the previous point, “THE COMPANY” is not responsible for the availability of the new domain in the international domain market, nor will it be obliged at any time to make the change in the domain name contracted by “THE USER”.
“THE USER” or holder of the domain name shall indemnify and hold harmless the Registry, directors, authorities, employees and agents from and against any and all claims, damages, legal liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the registration of the domain name of the “USER” or holder of the registered domain name.
“USER” of .com or .net domain name registration shall indemnify, legally defend and hold harmless “Verisign Naming and Directory Services”, its directors, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses including reasonable legal fees and other expenses arising out of or related to the Domain Name Registration by “USER”.
All the domains that you contract through “THE COMPANY” are property of “THE USER” and are registered in your name, if you decide not to renew your hosting contract you can renew only the domain or transfer it to another provider.
“THE COMPANY” may not activate a domain name registration until the “USER” is sure that the registration will be paid in due time and form.
The period for “THE USER” to renew a domain name without incurring a reinstatement fee shall not exceed the time defined by “THE COMPANY”. “THE USER” will be able to find the costs of renewal and restoration charges if applicable to his domain, within the website of the “COMPANY”.
After the renewal date “THE USER” will have to pay the restoration charges generated according to the current rates of “THE COMPANY” and that is based on the periods stipulated by the Registry of each type of domain.
After the redemption or grace period granted by the registry of 25 days without having presented a validated payment “THE USER” accepts the possibility of losing the domain.
“THE USER” will be able to verify the renewal periods in the customer panel provided by “THE COMPANY”.
The purchase order or payment of services made by “THE USER” to obtain the domain name, does not imply in any way the guarantee of acquisition of the domain name.
“THE USER” or domain name holder has the right to transfer domain names among other providers. The right to transfer is not absolute, there are ICANN policies that may set limits on the right to transfer upon submission:
- Evidence of fraud.
- An ongoing domain name dispute.
- Court order by a court of competent jurisdiction.
- Reasonable dispute about the identity of the “USER”, domain owner or administrative contact.
- By not registering you pay for the renewal period, if the domain has passed the expiration date.
- Express written objection to the transfer by the transfer contact (e-mail, document and other processes by which the transfer contact wishes to cancel the transfer).
- When the domain name was already in “locked status”.
- When the transfer is requested within 60 days from the domain registration date shown in the WHOIS record.
- When a domain name is within the first 60 days of being transferred.
SEVENTEENTH. SSL Certificates
SSL Certificate fees are non-refundable.
The delivery time of the certificate will depend on the speed with which “THE USER” completes the requirements specified by the supplier of the digital certificates, such as but not limited to official identification, articles of incorporation and telephone bill.
The certificate has a duration of 12 or 24 months only.
“THE USER” may initiate the renewal process of its certificate 30 calendar days prior to its expiration date in order to maintain the continuity of its service.
In case of not renewing the certificate in time, it will be suspended and may be reactivated during the period and sending the documentation that “THE COMPANY” considers pertinent.
EIGHTEENTH. Law.
In case of dispute between the user and MEXISERVER, the parties are aware and agree to submit to the Courts and the substantive and procedural laws of the State of Mexico, to settle their differences. Therefore, they waive any jurisdiction and legislation that may be applicable to them due to their present or future domicile or for any other reason.
The parties assume jurisdiction under the terms of the provisions of Title Three, Chapter One of the Code of Civil Procedures for the State of Mexico.
Headings or definitions contained in this agreement are for convenience only and shall not affect the construction or interpretation of this agreement.
The user at the moment of registering as a new user in the “Contract” module and placing a purchase order, agrees that these acts are considered as his/her express consent, accepting and knowing the meanings and scope of the terms and conditions herein, as well as the spam policy, validating his/her consent with the electronic signature.
In case of incurring in abuses and/or illegal activities that require legal procedures, these shall be carried out in the first instance, expressly submitting jurisdiction to the competent courts and authorities in the State of Mexico, Mexico.
“THE USER” shall be solely responsible for the activities developed under the protection of our services or products, relieving “THE COMPANY” of any responsibility for it.
In the event that “THE COMPANY” becomes involved in judicial or administrative proceedings due to the conduct or activities of “THE USER”, the latter will be responsible for the costs and expenses incurred.
NINETEENTH. Domain Registration by the Reseller.
If “THE USER” purchases domains with the purpose of reselling them, he/she will be considered as a “RESELLER” who must comply with the following agreement:
EXTENDED AGREEMENT FOR THE REGISTRATION OF DOMAINS BY THE RESELLER
MEXISERVER (hereinafter referred to as “THE COMPANY”) and you (hereinafter referred to as “RESELLER”)
WHEREAS, “THE COMPANY” is authorized to register domain names through the Internet and to provide domain name management services corresponding to the list in Appendix “B”;
WHEREAS, the “RESELLER” intends to perform the registration and/or management and/or renewal and/or transfer of the list of top level domains mentioned in Appendix “B” through “THE COMPANY”;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and conditions set forth herein the “RESELLER” and “THE COMPANY” agree as follows:
1.- DEFINITIONS
- “TLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .WS, .MOBI, .ASIA, .ME, .BIZ, .CC, .TV, .CO, .ES, .PRO.
- “gTLD “refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .MOBI, .ASIA, .XXX and .PRO.
- “Domain Order” refers to an order completed by the “RESELLER” through THE COMPANY under the extended agreement for domain registration by the reseller.
- “ICANN ” is the Internet Corporation for Assigned Names and Numbers.
- “Registrant” refers to the holder/owner of a domain order as it appears in the database.
- “Registrar” refers to “THE COMPANY” registrar of a domain order, as listed in the database and/or listed in the Whois Registry.
- “Registry” refers to the organization/entity that maintains the registry for a top-level domain.
- “Whois Record” refers to the collection of all data elements of the Domain Order, specifically the registrant’s contact information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, domain name servers where applicable, creation and expiration date, its Registrar and its current status in the Registry.
2.- OBLIGATIONS OF THE RESELLER
- The “RESELLER” must ensure that the Registrant of each domain name will agree and be subject to the terms and conditions established by “THE COMPANY” of the domain name, during the term of the domain name order and the “RESELLER” must familiarize itself with such terms. The “RESELLER” shall acknowledge that “THE COMPANY” has several rights and powers as mentioned in the terms and conditions of “THE COMPANY”.
- The “RESELLER” acknowledges and agrees that it shall indemnify “THE COMPANY” from, and shall be liable for any situation arising from the breach of the terms and conditions set forth by “THE COMPANY”.
- The “RESELLER” shall not make changes to the information related to the domain order without the explicit authorization of the domain order holder.
- The “RESELLER” must fulfill all the terms and conditions, norms, policies, procedures and practices established by ICANN, “THE COMPANY” and the Registry.
- The “RESELLER” acknowledges, agrees and warrants that the domain holder accepts the agreement established between the “RESELLER” and “THE COMPANY” before purchasing any domain name. The “RESELLER” must exhibit the agreement agreed with “THE COMPANY” before accepting the payment made by the holder.
- The “RESELLER” agrees to display domain registration, renewal, transfer and restoration fees on its website, for all TLDÂ’S offered by it during the term of this agreement.
- THE “RESELLER” is not authorized to declare itself as accredited by ICANN (Internet Corporation of Assigned Names and Numbers).
- The “RESELLER” agrees that it shall display the communication and notification methods on its web page, to communicate with the domain holder. The “RESELLER” shall send payment reminders at least 30 and 7 days before the expiration date of the domain. A third reminder should be sent immediately after the domain has expired.
- The “RESELLER” must ensure that if its customer is using a proxy or private reseller registration service for the domain name registration, it must provide the customer’s identity and contact information to “THE COMPANY”.
3.- RIGHTS OF THE COMPANY
“THE COMPANY” and Service Providers, in its sole discretion, expressly reserves the right to freeze, delete, suspend, deny, cancel, modify, take title to and/or transfer any domain name order, in order to comply with applicable domain name dispute policies, law enforcement requests or pursuant to court orders, or if “THE COMPANY” or Service Providers in its sole discretion determines that the information associated with the domain name order is inaccurate, has been altered or has been modified without authorization, or if “THE COMPANY” or Service Providers in their sole discretion determine that the ownership of a domain name order should belong to another entity, or if the RESELLER/CUSTOMER/OWNER does not comply with the terms and conditions, rules, policies, procedures and practices established by “THE COMPANY”, Service Providers, ICANN and the Registry.
The “VENDOR” agrees that contractors, employees, directors, officers, representatives, agents and affiliates of “THE COMPANY” and the Service Providers are not liable for losses or damages that may arise from any of the foregoing.
CURRENT
In the event of termination of the extended domain name registration agreement by the “RESELLER”, Sections 2 and 3 shall be effective.
APPENDIX “A
Specific conditions for the data privacy service.
Description of services
The WHOIS protection service hides the current registrant contact information, preventing them from appearing in the WHOIS lookup results for your domain name.
Implementation details
- The “RESELLER” acknowledges and agrees that the contact information shown in the Whois protected by the data privacy of a domain order will be those designated by “THE COMPANY”;
- any mail received by post at this address will be rejected;
- any phone call received on this phone number will prompt the requestor to send an email to the email address listed in the Whois result of the data privacy protection;
- The sender of any e-mail sent to an e-mail address listed by a domain’s Whois data privacy will receive an automatic response requesting them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, administrative billing contact or technical contact for a data privacy protected domain name via an online form. This message will be transmitted via email via http://www.privacyprotect.org/ to the current owner, administrative, technical or billing contact listed in the order database.
- THE “RESELLER” agrees that we cannot guarantee delivery of messages to either the owner, administrative, billing, technical or customer contact protected by the domain order data privacy, and that such message may not be delivered on time or at all, for any reason whatsoever. “THE COMPANY” and Service Providers disclaim all liability associated with the non-delivery of messages related to the domain order and service.
- The “RESELLER” understands that the data privacy protection service is only available for certain TLDs (top level domains).
- Regardless of whether data privacy protection is enabled or not, customers and owners are subject to comply with their obligations to provide true and accurate information for domain contacts as detailed in the agreement.
- “RESELLER” understands and acknowledges that “THE COMPANY” , in its sole discretion, may discontinue providing data privacy protection services to a domain order for any reason, including but not limited to :
- If “THE COMPANY” receives any complaint of abuse for the domain name protected by data privacy, or
- Pursuant to laws, governmental rules or requirements, law enforcement requests; or
- For the resolution of disputes related to the domain name, or
- Any other reason that “THE COMPANY”, in its sole discretion deems appropriate to deactivate the Data Privacy Protection services.
OBLIGATIONS OF THE “RESELLER
The “RESELLER” must ensure that the holder and customer of each domain order must also acknowledge and agree to be bound by the terms and conditions of the agreement. The “RESELLER” acknowledges and agrees that it shall indemnify “THE COMPANY” from and shall be liable for any situation arising from the non-disclosure of these terms to domain name holders and customers.
INDEMNIFICATION
“RESELLER” warrants that the holder and customer will agree to release, defend, indemnify and hold harmless “THE COMPANY”, Service Providers, PrivacyProtect.org and their parents, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or expenses, including reasonable attorneys’ fees, arising out of or related in any way to the Data Privacy Protection services.
