NVA Hosting - TERMS OF USE<br />
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1. Purpose<br />
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a) Subscription for web hosting plans<br />
b) Subscription for reseller hosting plans<br />
c) Subscription for VPS and Cloud Servers plans<br />
d) Subscription for Dedicated Server plans<br />
e) Subscription for Cloud Backup plans<br />
f) Subscription for SMTP plans<br />
g) Email Exchange subscription plans<br />
h) Domain registration<br />
i) SSL / TLS certificates<br />
j) Virtual Data Center Service<br />
k) Cybersecurity Consulting Services<br />
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2. Common resources:<br />
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a) Hosting and reseller hosting plans:<br />
- Control panel;<br />
- FTP server for website maintenance;<br />
- SMTP / POP3 / IMAP email server;<br />
- Webmail;<br />
- Website access statistics;<br />
- DNS server;<br />
- Anti-spam filter in emails;<br />
- Weekly backup of sites and database;<br />
- Automatic Anti-DDoS.<br />
b) VPS Plans, Cloud Servers and Dedicated Servers<br />
- S.O installation .;<br />
- Installation Control panel if hired;<br />
- Installation of Cloud Backup unit if hired;<br />
- Automatic Anti-DDoS.<br />
c) Cloud Backup Plans<br />
- Availability of Cloud Backup unit access;<br />
- Automatic Anti-DDoS.<br />
d) SMTP plans<br />
- Control panel;<br />
- FTP server for maintenance of the sending application;<br />
- SMTP / POP3 / IMAP email server;<br />
- Webmail;<br />
- DNS server;<br />
- Anti-spam filter in emails;<br />
- Daily backup of applications and database;<br />
- Automatic Anti-DDoS.<br />
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3. NVA Hosting Responsibilities<br />
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a) Provide appropriate infrastructure in accordance with the signed plan;<br />
b) Restrict physical access to servers and equipment only to qualified and trained techs;<br />
c) Do not disclose and keep confidential the registration information and private content of customers<br />
d) Service guarantee or SLA (Service Level Agreement) of 99.9% network availability each month, excluding failures caused by misuse of resources, early hours and weekends for maintenance and infrastructure improvements , as well as stoppages to deter attempts at malicious attacks;<br />
e) Failure to reach the agreed SLA will result in the granting of 5% discount / hour offline limited to 100% discount within the month;<br />
f) Provide adequate technical support for the signed product, excluding technical support for the management, operation, programming, installation, use and configuration of programs, page design, website assembly, blogs and any problems outside the scope of the object of this term.<br />
g) On VPS, Cloud and Dedicated Servers products technical support is limited to problems related to hardware, network and the functioning of the service provided, technical support is not included for matters related to OS configuration, installation and program configuration, control panel, as well as operation of any application installed by the subscriber;<br />
h) NVA Hosting's liability is limited to the service provided and the value of the plan subscription.<br />
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4. Customer Responsibilities<br />
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a) Host, transmit, use, store and disseminate only legal content in accordance with Brazilian Laws, while also respecting the international ethics of the Internet;<br />
b) Use resources appropriately, with good programming practices so as not to degrade and harm other sites hosted on the same server both in performance and in security in Website Hosting Products, Website Hosting Resellers, VPS, Cloud Servers , Cloud Backup and SMTP;<br />
c) Keep the websites updated and compatible with the most recent versions of the tools used, under penalty of having their operation interrupted after updates of versions of the programming tools, databases, web servers, etc;<br />
d) Not producing or using the hosting as a mirror of sites for the distribution of files, videos, music or any other element of mass distribution;<br />
e) Not commercialize or make available for third parties access, computer programs, books, music, films, content or any intellectual and / or restricted property, without due legal authorization;<br />
f) Do not use materials with reserved rights or copyright, protected by State secrets or other legal statutes,<br />
g) Not to publish content considered dangerous, offensive, defamatory, obscene and any other type of illegal content;<br />
h) Not to host content or parts of content and / or database of sites hosted on other servers;<br />
i) Save and do not make access passwords available to the public;<br />
j) Do not distribute e-mails in mass or in an abusive or generalized way or send them without the recipient's request (SPAM), from NVA Hosting servers or from any domain hosted on its servers, breaking passwords or hacking into other websites , from NVA Hosting servers, practice or contribute to any act considered a crime or aiming to cause damage;<br />
k) In reseller hosting plans, it is not allowed to maintain accounts with inactive domains, domains hosted on other servers or with space allocation below 1GB. A fee of $5.00 will be charged for irregular account;<br />
l) Do not transfer to third parties or allow them to use the account;<br />
m) Provide technical support to its customers;<br />
n) Make payments on time.<br />
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5. General Provisions<br />
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a) NVA Hosting is not responsible for any damage caused by third parties, which may cause loss of hosted content, nor will it be liable for any losses and damages, lost profits and charges of any order, caused to reseller hosting or to third parties as a result of services now contracted. In no event will NVA Hosting's liability exceed the amount of the remuneration paid for the resale, referring to the month of occurrence of the alleged harmful fact;<br />
b) NVA Hosting is exempt from any responsibility in relation to the failure to pay the fees of domain register agencies, as well as the failure to send the documents requested by them;<br />
c) The client is aware that in the event of a court order directed at the client's site or activities, the total or partial content of the hosted sites or servers may be suspended without prior notice from NVA Hosting;<br />
d) In the hosting websites with multiple domains and reseller hosting plans, a single domain or account may utilize up to 5GB of space;<br />
e) The plans for hosting sites and reseller hosting are specified for hosting sites that have a resource consumption pattern considered normal for a shared hosting environment, it is forbidden to host websites with excessive and continue use of CPU, memory, bandwidth and more than 200,000 files in a single hosting account, for other cases it is recommended to use cloud server plans and / or dedicated servers;<br />
e) The plans for hosting sites and reseller hosting shall be used exclusively to host websites and can't be used to other purposes like virtual disks, data backup, etc.;<br />
f) In the event of excessive or improper use of resources in the plans for Web Hosting, Reseller Hosting, VPS, Cloud Servers, SMTP and Cloud Backup, NVA Hosting may suspend the account without prior notice in order to maintain the quality of services for other customers, as well as requesting an upgrade to a plan more suited to the customer's needs;<br />
g) In the Web Hosting, Reseller Hosting and VPS plans, the constant use of CPU above 50% of the contracted CPU resources is not allowed, for this purpose, a dedicated CPU plan must be signed. In VPS plans with unlimited data traffic, there will be a reduction in bandwidth to 1Mbps if data traffic exceeds 10TB within the month.<br />
h) In case of mass distribution of e-mails by the contracted plan, even if they originated by viruses, NVA Hosting may interrupt the provision of services without prior notice and its reestablishment will be carried out according to NVA Hosting criteria and upon proof of solution effective and definitive cause of the problem on the client's server and computers, being responsible for any sanctions applied as a result of the mass distribution of e-mails.<br />
i) Hosting of streaming applications, online games, download sites, open proxy, open relay and IRC is not allowed. Exclusively in the plans of dedicated Servers, hosting of streaming and online games is permitted provided that they comply with the laws in force in the countries in which the data is accessed.<br />
j) It is not allowed to use the email system to publicize products, services and events, send email marketing, communications, newsletters, mass notices, or any other type of mass email including SPAM, as well as hosting spammed websites;<br />
k) It is not allowed to use the database service shared with remote applications, external connections must be restricted for the management and maintenance of the databases;<br />
l) NVA Hosting will provide technical support exclusively for up to 2 (two) technical people qualified for the reseller hosting plans, under no circumstances will reseller customers be able to request direct technical support from NVA Hosting, nor will the reseller be able to forward customer requests directly to NVA Hosting without trying to solve them and perform all necessary tests and identify the real need for NVA Hosting intervention to solve the problem;<br />
m) In the plans for Website Hosting, Reseller of Website Hosting and SMTP the account may be canceled due to late payment for a period exceeding 5 days;<br />
n) There will be no tolerance for payment delays in the plans Email Exchage, VPS, Cloud Servers, Dedicated Servers and Virtual Data Center, the renewal must occur no later than the end of the term signed under penalty of cancellation and removal of data;<br />
o) After the cancellation, all data will be removed with no possibility of backup recovery;<br />
p) In VPS, Cloud Servers, Dedicated Servers and Virtual Data Center plans, in case of damage to the S.O. caused by poor operation of the subscriber, a fee may be charged for reinstallation of the S.O .;<br />
q) The data backup service is not included in the VPS, Cloud Servers and dedicated Servers plans;<br />
r) The use of Backup Storage is exclusive for making backups and cannot be used as an online virtual disk;<br />
s) Paid SSL / TLS certificates are provided by certifiers with an excellent reputation in the market, we offer certificates with strong 128-bit / 256-bit encryption and a 2048-bit key with a guarantee provided by the certifier to the end user in case of issuing a certificate to a fraudulent website;<br />
t) Free SSL / TLS certificates are the responsibility of the certifier and cannot be transferred without financial guarantee by the certifier;<br />
u) The services are not refundable;<br />
v) By subscribing to the service, the customer declares acceptance of the current terms of use;<br />
w) The terms of use may be updated at any time by NVA Hosting, in case of disagreement the customer must request the cancellation of services.<br />
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6. Promotions<br />
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a) Promotions are not cumulative, the customer may choose only one of the available promotions;<br />
b) The free trial promotion is only valid for new customers, all data will be removed if there is no upgrade and subscription payment for the definitive plan within the testing period;<br />
c) The additional Reseller Hosting Windows promotion for subscribers of the Reseller Hosting Linux is valid as long as the Reseller Hosting Linux plan is active;<br />
d) Promotional prices are not valid for downgrades.<br />
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7. Price and payment method<br />
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a) The customer will pay NVA Hosting the value of the signed plan;<br />
b) Payment can be made by the payments methods available on the website;<br />
c) NVA Hosting will issue the electronic invoice for services related to the signed plan;<br />
d) In case of default, a fine will be charged for late payment. The fine will be charged in the amount of 10% (ten percent) of the total amount of the invoice;<br />
e) Delay in payment of installments for a period longer than 2 days, after the due date, will result in the suspension of the service now signed, without prejudice to the collection of the amounts due;<br />
f) The delay in payment for VPS services, Cloud Servers and dedicated Servers may result in immediate suspension, cancellation and removal of data.<br />
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8. Price adjustments<br />
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a) The prices can be adjusted any time.<br />
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9. Cancellation<br />
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a) The cancellation of services can be done by either party by email / support ticket at least 10 days before the next invoice is due, without prejudice to the collection of amounts due;<br />
b) There is no minimum loyalty / permanence contract.<br />
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