This service contract contains the terms and conditions that govern your subscription to Web Hosting, E-Commerce, Computer Repairs and any other related Internet service provided by Latinbits, (The “Services”). As stipulated in this contract, "Latinbits" means Latinbits, and "Client", "You" or "You" means You. By clicking on the "Order" buttons, you acknowledge having read the contract, and you agree to its terms and conditions and all the policies imposed by the Latinbits website. As stipulated in this contract, "Site" refers to the WWW website of Latinbits and "Site and Latinbits" refers to the site located at the URL https://www.latinbits.com, or any other successor site acquired or maintained by Latinbits.
1. Appropriate Use of Services
Latinbits provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of the data other than that necessary to provide its services.
The client agrees not to distribute, electronically transmit or display any material provided by the Client - or by the Client through a third party - on any Latinbits server in connection with the Client's use of it to services that: Violate any state, federal, regional, departmental or international law or regulation; infringes on any intellectual property right (Axis, Copyright, trademark, patents or any other copyright or property) of Latinbits or any third party; that is defamatory or libelous; that are threatening or harassing, that are discriminatory based on race, sex, age or promote hatred; violate any policy posted by Latinbits on its website. You agree that you will not send malicious e-mails that contain viruses or any other faulty computer program that results in damage to Latinbits.com or any third party.
Acceptable Use Policy: Hosting space is intended for use in accordance with Latinbits’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Latinbits expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Latinbits may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Latinbits policies. You hereby agree that Latinbits shall have no liability due to any action that Latinbits may take, including without limitation suspension or termination of Services in connection with your violation of this section.
Unlimited Hosting Space: Excessive Server Resources. Latinbits does not set defined limits on the amount of disk space a Subscriber can use for the Subscriber's Website or charge fees based on the amount of storage used. However, use of Latinbits resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, Latinbits may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Latinbits reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
Unlimited File Transfer: Latinbits does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does Latinbits charge additional fees based on the increased use of bandwidth, as long as the Subscriber's use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Latinbits reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Virtual Private Servers (VPS) and Dedicated Servers Usage
Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including any Subscriber Websites. Latinbits is not responsible for the loss of any Subscriber Content.
Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that Latinbits may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. Latinbits's level of support to those Subscribers accessing super-user privileges will be limited as follows:
- Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
- Reinstallation of the baseline operating system and core file image at Subscriber's request. Subscriber acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. Latinbits is not liable for any data lost as a result of this action;
- Restoration of files from available backups at Subscriber's request. This restoration will be a full restore of the backup files; Latinbits does not offer file-by-file restoration services;
- Latinbits will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
- Latinbits will attempt basic diagnostics upon Subscriber's request. Latinbits does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact Latinbits Professional Services to inquire about additional support offerings.
The Client must not use the Services for chain letters, spam, spamming, or any use of distribution lists to any person who has not granted specific authorization to be included in such activities. The Client must not enter any type of spam with Latinbits, or in any other way, that mentions or refers to any domain hosted on Latinbits Servers or parked Latinbits DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESELLED ACCOUNTS, CUSTOMERS OF DEDICATED SERVERS, AND ALL DOMAINS, DOMAIN SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be charged! We reserve the right to penalize violators $ 500 USD per incident of spam abuse.)
Licensed Programs Only:
The Client agrees to use only licensed third-party programs in connection with the use of the Client's services.
The Client will have the ability to restore files that are automatically saved by Latinbits as backup; However, Latinbits does not guarantee the existence, accuracy or regularity of its backup services and, in this way, the Client will be responsible for making its own backup copies in connection with the use of its Services. The ability to backup copies is available through the control panel or, failing that, by request to the administrator and/or root of the server at the moment and through the support system.
Latinbits reserves the right to refute or deny service to anyone. Latinbits, in its absolute discretion, can immediately terminate this contract or agreement if the Client falls within the aforementioned. To report any unacceptable activity by a third party using the Services, please contact us at firstname.lastname@example.org. The suspension of any service that is contracted by the client is also executed at the discretion of Latinbits for any reason and without prior notice.
2. Obligation of Payments and Charges for the Service
Payments must be made the first of each collection cycle, Latinbits must (i) charge the Client's credit card (where the information is provided by the client) or (ii) send by e-mail an invoice to the Client in accordance with the charges applicable to the services provided for the corresponding month. Where an invoice is sent to the Client, the Client must send the payment to Latinbits.com no later than 3 days from the payment date. Latinbits shall have the authority to immediately terminate this contract upon failure of the Client to make timely payments to Latinbits. Certain services carry an activation or configuration cost and/or an extra charge for late payments charged by Latinbits.com to the Client that must be paid by the Client in order to receive Services. If the Client terminates this contract in accordance with Section 4 below, the Client shall be responsible for any outstanding or accrued charges to Latinbits.com and agrees to pay any and all charges for which the Client is liable. Because the services are provided on a monthly basis, the Client will be responsible for charges for the Service each month regardless of when the Client notifies termination of the service. For example, if the Client requests cancellation of services on the 15th of a particular month, the Client must still respond for the entire month and such charges will not be adjusted or refunded. If the Client has retained the service for (1) year and has prepaid Latinbits for said Services, money back will be granted for each full month not used except one month of Service and at the Client's request. Thus, if the Customer's account is canceled at any time during the period of one year of service purchased, the Customer will be granted a refund of all the remaining unused months except one after a notice of cancellation 15 days before has received from the previous month.
4. Customer Responsibility and Indemnification
The parties agree that in no case shall Latinbits be liable to any third party as a result of breaks or violations by the Client of any of the terms and conditions stipulated in this contract. The Client agrees to defend, indemnify and protect Latinbits against damages from any expense, loss, liability, damage or claims by third parties that are the result of the violation of the terms stipulated herein by the Client.
5. Term, Termination and Re-Institutions
Subject to the terms and conditions stipulated herein, this contract will be effective the day you register for any of our services, and must continue in effect from month to month unless otherwise specified in a contract separate (the "Term") unless it is terminated early in accordance with the provisions of this Section 4. Either party shall have the right to terminate this contract with prior notice. If the Client is terminating this contract, the Client must follow the cancellation instructions provided at the time. All cancellation requests must be received no later than 7 days before the end of the cancellation month.
6. About Communications
Latinbits makes use of an online or web communication and billing system. The client is responsible for taking care of access to his personal information, protecting the access credentials to said platform. The Client is responsible for maintaining his current account making use of periodic access to it from our website. All email sent by this system has an original copy in the "Client Area" to which all active users have access. Latinbits is not responsible for any email message sent by the system not received by the Client for any reason. The e-mails sent to the Client are a courtesy on the part of Latinbits and the inability to receive them from the Client or to send them by Latinbits does not represent an exception to the accounting and technical obligations acquired by the Client with Latinbits.
7. About Managed Services
All Latinbits servers are fully managed and include the most recent versions of the operating system contracted by the Client and he makes exclusive use of the Directadmin control panel. The server administration service eliminates access to the root account (Super user) of the servers; in this way we can ensure that we provide a stable, safe and efficient service according to our security and development standards. Latinbits guarantees the configuration and installation of everything mentioned below within a period of no more than 48 hours. We guarantee a response to your requests within a period of no more than 8 hours. The information obtained on the servers and any other personal information will never be disclosed to third parties. Latinbits reserves the right to issue prior notice when carrying out maintenance and/or procedures considered emergency and/or that endanger the stability of the server or the services contracted by the client.
30 Day Money-Back Guarantee: If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all hosting fees paid (the "Money-back Guarantee Refund") if you cancel within the first thirty (30) days of the Initial Term (the "Money-back Guarantee Period"). To request a Money-back Guarantee Refund, please contact our billing department by calling 888-401-4678 or by using our online LiveChat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 14. Money-back Guarantee Refunds only apply to hosting services and certain add-on products or services and do not apply to domain registration fees, setup fees, or any fees for additional Services.
The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, Dedicated Servers, VPS Hosting, SSL certificates, Site Backups, Pay Per Click Marketing (PPC), Directadmin Control Panel, 3rd Party material, Weebly, website transfer, Design Services, SEO Packages, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.
Domain Registration Fees: In the event Subscriber cancels the Services prior to the expiration of thirty (30) calendar days and requests a refund in compliance with the terms and conditions of this Section 14, Subscriber will receive a Money-back Guarantee Refund provided that if Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the Services, Subscriber's refund will automatically be reduced by the regular cost per domain name. Subscriber will retain full ownership and control of any such domain names.
Cancellations After 30 Days: Latinbits does not offer refunds for cancellations that occur after thirty (30) calendar days following the purchase.
Latinbits as Reseller or Licensor.
Third Party Services: Latinbits is a reseller or licensor of certain third party products and services (collectively, "Third Party Services") including without limitation as sold through the Latinbits Marketplace (the "Marketplace"). Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. A list of certain third parties can be found here. Latinbits is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third Party Services either sold, licensed or provided by Latinbits to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Latinbits's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Latinbits only in connection with your permitted use of the Services unless otherwise expressly provided.
Themes and Plugins: In the event the Third Party Services you purchase include a website theme or plugin, the following additional terms shall apply to your purchase. Third parties can upload, distribute, and sell products such as website themes and plugins through the Marketplace (each referred to as a "Seller"). Your purchase of and/or download of any theme or plugin from the Marketplace does not grant you an ownership or other exclusive interest in such theme or plugin. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later ("GPL"). The terms of the GPL can be accessed here.
Seller Support: Latinbits is not responsible for any Seller's failure to support any theme or plugin. Seller shall provide basic email-based support of the theme or plugin for the purpose of assisting with basic questions regarding their use, as well as access to any patches, bug fixes or new releases of a product for the purpose of correcting any errors or defects for no additional charge. You are entitled to such support for one (1) year from the date of purchase.
The Client will pay and indemnify and protect Latinbits from any and all taxes associated or resulting from the use of the Services by the Client, including any penalties and interest and any costs associated with the collection or retention of the same. .
9. Disclaimer of Warranties
THE SERVICES, THE Latinbits SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES PRESENTED OR OFFERED ON THE Latinbits SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO THE CUSTOMER' AS IS 'AND WITHOUT ANY WARRANTY OF ANY KIND. Latinbits.com DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTIES, WITH REGARD TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE, NON-INFRINGING OR ARISING AS A RESULT OF A NEGOTIATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Latinbits SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR HARMFUL COMPONENTS; AND (4) THAT THE SECURITY METHODS USED WILL BE SUFFICIENT.
10. Limitation of Liability
AT NO TIME SHALL Latinbits BE LIABLE FOR DAMAGES AS A RESULT OF THE LOSS OF DATA, PROFITS, USE OF THE Latinbits SITE OR ANY Latinbits PRODUCT OR SERVICE, BY ANY INCIDENTAL, INIDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES CONNECTION WITH THIS AGREEMENT IN CONNECTION WITH ANY PRODUCT OR SERVICE PROVIDED HEREIN. AT NO TIME OR EVENT SHOULD Latinbits ACCUMULATE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED AMERICAN DOLLARS ($ 500 US).
Yes for the Client: Name and address provided in account activation. If any of the provisions, or portions, of this agreement or contract are invalid under any applicable statute or law, then, that provision notwithstanding, this Agreement shall remain in all power and effect and such provision or portion shall be considered omitted. This Agreement (including what is displayed, attachments and/or additions, if any) represents the entire Agreement of the parties with respect to the subject matter herein and supersedes all prior and/or contemporaneous written or verbal agreements or understandings between the parties. regarding the subject of this matter. This Contract and its rights granted and obligations obtained herein, may not be transferred, assigned or delegated in any way by a Client, but they can be transferred, assigned or delegated by Latinbits. Any waiver or provision of this Agreement, or delay by either party in the performance of any stipulated right, should not be construed as a continuing waiver or create an idea of non-compliance with that or any other provision or right. In any legal proceeding between the parties to this Agreement, the benefited party shall be allowed to recover his reasonable costs, expenses and attorney fees. This Agreement was made before and shall be governed under the laws of the United States of America, except in relation to its conflicts of law rules. This Agreement and Latinbits policies are subject to change without prior notice. Continued use of the Services after a change to this Agreement by Latinbits or after a new policy is implemented and posted on the Latinbits Site constitutes your acceptance of such change or policy. We suggest you regularly check the Latinbits Site for any changes or additions. We reserve the right to make changes to the above terms at any time.