Host Chocolate is a service of Mediápolis, SRL, a commercial company established in accordance with the laws of the Dominican Republic and domiciled in the city of Santo Domingo, hereinafter referred to as THE PROVIDER, Host Chocolate or by its own name.
I. General Terms and Conditions of Service
1. With the use of the services of Host Chocolate it is understood that the user knows and accepts these General Terms and Conditions of Service.
2. It is agreed that Host Chocolate, provider of the hosting service operated by Mediápolis, SRL, is authorized to change these conditions without prior notice.
3. Mediápolis will notify its clients and registered users whenever there are changes in these conditions of service.
II. The service
1. It is understood that the user agrees to pay, according to the periodicity or billing cycle agreed at the time of contracting the service, the amount corresponding to their hosting plan, domain registration or other services.
2. Mediápolis reserves the right to suspend the service if, five (5) days after the first notification of non-payment, compliance with this commitment is not received.
3. If the corresponding payment is not presented within five days after the payment deadline, THE PROVIDER reserves the right to apply a fee or late payment fee.
4. The cost of the Internet connection necessary for the client to access the Mediápolis servers is the responsibility of the client and its users.
5. The programs that allow access to the service ("browser" or Internet browser and FTP manager or client) must be purchased or acquired by the user, even though THE PROVIDER may suggest or recommend software without any responsibility or guarantee of quality and/or security of those.
6. Host Chocolate or Mediápolis, SRL is not obliged to examine or disclose the information and messages stored in their servers or systems, except in the case of a judicial requirement.
7. Host Chocolate is committed to striving to ensure that its Web hosting service is available 99.9% of the time in a given month and guarantees at least 99.5%.
8. In the unlikely event of service interruptions due to force majeure, Mediápolis undertakes to return or discount the equivalent of five (5) percent of the Monthly Recurring Charge for each hour or fraction of an hour in failure, according to the contracted plan, provided that the interruption lasts for more than four consecutive hours. This warranty is governed by and is part of the Service Level Agreement (SLA) available on the Host Chocolate website, and excludes Scheduled Maintenance and Emergency Maintenance as well as the following exceptions: Acts of nature (hurricanes, earthquakes, floods, tornadoes, fires, lightning and other natural phenomena), acts beyond the reasonable control of Mediápolis, SRL that include, but are not limited to governmental or judicial decisions, wars, revolts, insurrections, sabotage, embargoes, strikes, failures of the public electricity network (beyond a reasonable time); faults in third-party software; Major failures in network connectivity services (breakage of submarine cables, a node that leaves a complete region without the Internet and the like); hardware failures, DNS events beyond the control of Host Chocolate and/or Mediapolis, attacks by external individuals or groups, hacker intrusion, security holes in operating systems or other software or hardware exploited by third parties, actions or negligence of customers.
9. This refund will be made in the form of credit, redeemable for the use of the same interrupted service and cannot be applied to the payment of other services such as registration or renewal of domains or cash reimbursement.
III. Obligations of the customer
1. The user is obliged not to abuse the service in any way and agrees not to violate the laws of any country with the use of this service.
2. The user is responsible for any action committed through this service and Mediápolis, SRL is not responsible for such actions beyond providing information to the courts.
3. The user agrees to supply real data about his/her identity at the time of registering his account and to keep his/her personal data updated.
4. The user is obliged to protect his password to prevent third parties from accessing his account.
5. The use of this service for the sending of unsolicited mass advertising, "spam" or junk email is expressly prohibited. The user is responsible for compensating the damages caused to their victims.
6. The use of mailing lists is allowed as long as the client has physical or electronic proof of having received authorization from each of the contacts on his list to send mass mailings.
7. We declare as strictly prohibited he storage, presentation or transmission on the Mediápolis servers of warez sites, pirate or unauthorized software, programs, applications and files of hackers, MP3 or other audio and/or music files acquired without respecting the copyright laws, keygens or serial numbers of programs or applications that are not licensed, sites with child pornography (or pedophilia), material that violates copyright, malicious scripts or computer viruses and webdilaers or any type of file or information that violates the laws of the corresponding legal or territorial jurisdiction or jurisdictions.
8. The dissemination or publication of information that guides in any way on how to commit crimes, including but not limited to the manufacture of bombs, homemade weapons, weapons of mass destruction or any form of terrorism is also prohibited.
9. THE PROVIDER reserves the right to suspend accounts that for any reason endanger the stability and/or security of its servers, whether due to user actions, program execution, external attacks or negligence.
10. Mediápolis reserves the right to cancel the account or accounts belonging to users who violate these General Terms and Conditions of Service and to destroy all their stored data without any obligation of compensation.
11. In the event of an act that violates these Terms, Mediápolis will immediately suspend the account that caused the violation. Mediápolis, SRL, at its sole discretion, will make inquiries that determine the presence of fraud before proceeding to the definitive cancellation of the contract.
IV. Email
1. The email and Webmail service provided by Mediápolis Host may included as part of the contracted hosting package.
2. The cost of the Internet connection resulting from the use of the email or Webmail service is the responsibility of the user.
3. The program that allows access to the service ("browser" or Internet browser or email clients) must be purchased or acquired by the user himself.
4. Mediápolis Host and/or Mediápolis, SRL are not obliged to examine or disclose the information and messages stored on its server, except in case of legal requirements and / or by legal means.
V. Data security
1. Mediápolis undertakes not to supply third parties, partially or totally, with the registration data provided by the user.
2. THE PROVIDER guarantees to carry out with care and dedication all possible actions to ensure the confidentiality of both the data supplied by the user and electronic correspondence and data stored on its servers.
3. Mediápolis undertakes to take the necessary security measures to maintain the integrity of the stored data.
4. Mediápolis Host will periodically store backup copies that facilitate data recovery in case of damage caused by force majeure or user errors. However, the client refuses to sue or request compensation in case this courtesy service does not solve the problem.
5. The client acknowledges his responsibility to make backup copies as regularly as his/her online activities require.
VI. Final clause
1. Host Chocolate o Mediápolis, SRL cannot be sued nor will they be forced to pay any compensation in case of loss of user data due to major technical situations such as attacks by "hackers", computer viruses or any another reason.
2. The user agrees that Mediápolis, SRL may make use of his commercial or personal name and/or logo or image exclusively on its website to be cited in the list of clients of these services, unless it is expressly requested, and in writing, the omission and reserve of his/her name.