This policy represents Igniweb’s terms of service in its entirety and replaces or suppresses any other written or oral policy. This policy defines the terms of service that all Igniweb customers accept when they sign up to use the services that Igniweb offers. Igniweb reserves the right to change, amend or revise any part of this document, at any time, with or without prior notice to our customers. Customers who use any of the services offered by Igniweb are obliged to comply with these policies or otherwise must abandon and cancel their hosting account with Igniweb. Igniweb reserves the right to judge, FULLY PAID BY YOU. Any action by the customer that it considers a violation and to take the necessary measures in the event that these terms are violated, including the cancellation of the service without the right to a refund and/or, if necessary, to sue legally for the offense committed.
▪ “We” or ” Provider” or ” Igniweb”. igniweb.com.
▪”We” or ” Provider” or ” Igniweb”. igniweb.com..
DISCLAIMER OF WARRANTY
The Internet and hosting services are based on a complex network of hardware, software, network services and information providers. Due to this complexity, it is possible that not all services may always be available to you.
However, Igniweb offers a 99.9% uptime guarantee. This guarantee is valid for our servers. Igniweb is not responsible for disconnections caused by failures of any of the hardware providers or network malfunctions beyond our direct control. Igniweb’s clients are diverse as are their websites and the functionalities and services that these sites provide, and Igniweb is not responsible for any interruption of service due to errors caused by a client, DDOS attacks or any other kind of cyber attack.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Igniweb BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO THE CORRUPTION OR DELETION OF WEB SITE CONTENT, E-MAIL ACCOUNTS, AND/OR DATA BASE CONTENT) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE Igniweb SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Igniweb’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Igniweb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Igniweb’S LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Igniweb FOR THE SERVICES PROVIDED DURING THE LAST 12 MONTHS.
You agree to indemnify and defend Igniweb and its affiliates, directors, officers, employees and agents against any liability, loss, damage or expense, including attorneys’ fees, resulting from any third party claim, action, suit or demand related to the way you use the services that Igniweb offers you, the violation of any of the provisions of this agreement or for the material or content that you host or disclose on Igniweb’s servers. Such obligations (although they are not the only possible ones) may arise from the following faults:
a) With respect to your business:
▪Infringement or misappropriation of intellectual property rights.
▪Defamation, libel, slander, slander, obscenity, pornography or violation of privacy or publicity rights.
▪Spamming, or any other offense, harassment or unlawful conduct or violation of the permissible uses described herein or in the anti-spam policy.
b) Any damage caused to Igniweb, or to any other customer using Igniweb services, caused by action or omission of you, your representatives or designers.
c) Any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Igniweb’s negligence.
d) Any other damage that arises as a consequence of your work equipment or your business.
SERVICES PROVIDED BY IGNIWEB
Igniweb provides servers on a rental basis to its clients for the express purpose of enabling them to provide https content over the Internet to the general public. This service allows Igniweb’s clients to publish websites, receive and maintain email accounts and web access via FTP to upload the files that make up their pages. Igniweb members will use the services provided in a manner consistent with any and all applicable laws. Igniweb provides services on an exclusive basis and makes no effort to edit, control, monitor or restrict the content of the data except as necessary to provide such services. Igniweb reserves the right to refuse and provide service to potential and/or existing customers to protect other customers. If any of the violations mentioned below are committed, Igniweb may close the customer’s account without prior notice.
Igniweb provides timely support to our customers via email, chat and phone. By becoming an Igniweb customer you agree not to verbally or physically abuse either in person, via email, phone, chat or by any other means, another of our customers or any of our employees or contractors.
Igniweb will send emails from time to time with information related to your account, special offers and promotions. You may subscribe or unsubscribe to these emails at any time by following the instructions at the bottom of these emails.
a. Customer Content:
The customer agrees that the web pages and files uploaded to the servers will not violate any national or foreign law or regulation; infringe any intellectual property rights of Igniweb or a third party; are not defamatory or libelous; do not constitute a threat nor are they discriminatory based on gender, race, age; nor do they encourage hatred or contain viruses or any other malicious program that causes damage to Igniweb or a third party. Customers are not allowed to use IRC applications or bots. Customers may not use Igniweb’s servers as storage for files unrelated to the customer’s website; the storage space is only for the files that make up the customer’s website. Hosting accounts cannot be used as reseller accounts, which means that no customer can host websites whose domains are not owned by the customer. Also included in unacceptable uses are: unsolicited mass mailing, sending unsolicited mail, unsolicited mail for newsgroups, child pornography, hardcore or links to these types of sites, illegal MP3 content sites, illegal video content sites, illegal music content sites, any other type of illegal content, copyright infringement, warez, cracks, serial software licensing, proxy (ies) and image or file sharing sites. Igniweb will be the sole and final arbiter as to what constitutes a violation of this policy. Igniweb does not normally monitor the content of servers, however, if there are indications or suspicions of unacceptable material Igniweb reserves the right to investigate and terminate the customer’s subscription or account.
b. Excessive use of resources:
Resources are defined as disk space, bandwidth, and/or computer resource utilization (cpu, memory, i/o). Igniweb offers a shared hosting service in an environment in which customers share resources with other customers, therefore it is imperative that Igniweb controls that a customer, whoever it may be, does not make excessive use that disrupts the quality of service of other customers who use the same resources. A hosting account is considered to be using resources excessively when it consumes 100% of a CPU, and/or 512 MB of memory. There are numerous situations that could cause such problems, including, but not limited to: cgi scripting, FTP, HTTP, etc. To prevent service interruption to other customers, a hosting account that exceeds the allowed computing resources will be automatically suspended for as long as the resources are being used in excess. Igniweb will make all reasonable efforts to notify customers prior to suspension, however, Igniweb may suspend any hosting account before notifying the customer in the event that it is disrupting the proper functioning of other customer accounts. The customer who is using excessive resources has the possibility of migrating to another of the hosting plans that Igniweb offers and that better suits their needs. Igniweb will be the sole and final arbiter as to what constitutes a violation of this policy. All customers have access to the “Resource Usage” tool that is incorporated into the control panel of their Igniweb hosting account.
c. No “Spam”:
It is completely prohibited and will not be tolerated to send Spam or UCE/UBE from servers located on our network. This includes any e-mail that promotes websites hosted on our servers but sent from an e-mail address that is not associated with that hosting account. No customer may use Igniweb’s services to send chain mail, junk mail, bulk mail, or mailings to individuals on distribution lists who have not requested that such mailings be sent. Igniweb reserves the right to deactivate or completely close, without notice, any account involved in this type of activity.
Igniweb allows any customer to install third party scripts in their hosting account either from our auto-installer or manually (scripts may or may not be part of the list found in the auto-installer). It is the responsibility of each customer to keep the scripts installed on their hosting account updated to the latest version. If a script presents security vulnerabilities that allow third parties to hack, exploit or damage the customer’s website, it is the customer’s responsibility to remove and delete the script from their hosting account or Igniweb reserves the right to close the customer’s account.
e. False information:
The customer declares to agree not to publish false or inaccurate information in newsgroups, in violation of the rules and regulations of newsgroups. If a newsgroup contacts Igniweb referring to unethical, false or illegal activities practiced by you, Igniweb reserves the right to suspend or delete your hosting account with or without notice.
f. File Back-Up:
Igniweb provides the necessary tools to create back ups of the hosting account. Igniweb also backs up the servers and keeps a copy of them for a period of 24 hours for the sole purpose of recovering the information in the event of a disaster. It is the customer’s responsibility to maintain recent backups of the files in their hosting account. Igniweb does not provide or maintain copies of the files hosted on our servers for customer use, therefore Igniweb is not responsible for data loss due to hardware failures, back up failures, hacking, accidental deletion or any other circumstance.
PAYMENTS, RENEWALS AND CANCELLATIONS
Payment Obligations: It is necessary that the service is fully paid before activating your hosting account. You warrant that the information provided on the order form or otherwise requested is accurate and truthful. All outstanding payment notices will be sent by e-mail. No outstanding payment notices will be sent by fax or postal mail. If payment is not made by the due date your Igniweb hosting account will be suspended. It is the customer’s responsibility to ensure payment is made before the renewal date and although Igniweb sends emails as a reminder to the customer, the customer is solely responsible for remembering the renewal date and making timely payment before it is due.
Renewals: It is the obligation of Igniweb customers to know when their accounts are close to their renewal date. Igniweb customers receive an email notification 15 days prior to the renewal date of their account informing them that the service is about to expire and must be renewed. It is the customer’s responsibility to provide Igniweb with a valid and current email address in order to receive notifications in a timely manner. Accounts that require renewal will be renewed with the same features of the plan chosen at the time of subscribing to the service, unless between the initial subscription date and the renewal date the customer has decided to change to another hosting plan. The 60-day money back guarantee only applies for the initial subscription period of the service and not for renewals.
Late Payment Charges: If the customer does not make the payment due within the stipulated dates, the payment is automatically marked as late in our system. If after 4 days of the due date the payment is still overdue the account is automatically suspended and the customer must pay an additional $40,000 pesos plus the original amount in order for the account to be reactivated.
Cancellations and refunds: If you are not satisfied with our services within the first 60 days of activation of your account, Igniweb will refund your hosting fees according to the terms of the money back guarantee contained in this agreement. After the first 60 days of account activation, Igniweb will not refund any money. Customers who are delinquent in their payments will have their accounts cancelled, including domain registrations. Refunds are not valid for domain registrations. To transfer a domain to Igniweb the client must pay an additional year of registration, therefore this transfer will be considered as a domain registration. The cost per domain registration is $30.000 pesos per year ( .com, .net and .org). If the client decides to leave our services within the first 60 days of the activation of his account, the money will be refunded but the domain registration fee, if any, will be deducted.
REFUNDS ARE NOT VALID FOR ADDITIONAL SERVICES PURCHASED BY THE CUSTOMER SUCH AS AN ADDITIONAL DOMAIN NAME OR IP ADDRESS.
The files hosted on our servers are the responsibility of the customer and if the customer decides to close their Igniweb account, it is the customer’s responsibility to save a copy of all files that are hosted on their hosting account, as well as all emails received, before Igniweb cancels the account. Once Igniweb receives a request from the customer to terminate or close the hosting account they have with us, it will be cancelled at any time and all files hosted in that account will be permanently deleted. We emphasize that it is the customer’s obligation to make a copy of all files hosted on their hosting account before sending the request to close their account with Igniweb.
99-9% DE UPTIME
Igniweb offers a 99.9% uptime guarantee to ensure our customers the maximum performance of their business. Igniweb will do its utmost to maintain the highest possible uptime percentage. Igniweb is not responsible for failures that occur due to the customer’s responsibility.
60 DAYS WARRANTY
Igniweb offers an unconditional money-back guarantee within the first 60 days of service for hosting accounts that have not performed optimally. Customer satisfaction is very important to Igniweb and as part of our effort to be leaders in this area, we will refund the money paid for hosting service minus the value that corresponds to additional values or domain registration, which is non-refundable. The guarantee does not apply to accounts that have not been used or have been misused. Domain registration fees are non-refundable. To transfer a domain to Igniweb the client must pay an additional year’s registration fee, therefore this transfer will be considered as a domain registration. The cost per domain registration is $30.000 pesos per year ( .com, .net and .org). If the client decides to leave our services within the first 60 days of the activation of his account, the money will be refunded but the domain registration fee, if any, will be deducted from the amount. Any questions regarding our 60 day guarantee can be sent to [email protected].