SinLios Soluciones Digitales shall provide its Services to You (the Client) under the Terms and Conditions of this Service Agreement. You be referred to as the Customer or the Customers, for short. In some places you might be referred to simply as you. The Agreement is intended to keep the integrity of SinLios on the one hand, and that of the Customer on the other, thus protecting both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Service Agreement constitutes the whole act of convention between SinLios and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement’s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
Customer’s side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state’s law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
You understand and agree that the Service is provided “AS-IS” and that SinLios assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
As used in this Agreement, “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
If, at any time, the Data Protection Laws require any further steps to be taken in order to permit the collection, the processing or the transfer of Personal Data as envisaged under this Agreement, then You will take all the steps required by SinLios (including, when necessary, entering into contractual clauses with SinLios) to ensure that the transfer of the Personal Data meets the Data Protection Laws’ respective requirements.
We do not allow background-running programs. These include any IRC-related software such as bouncers and bots. We provide a hosting service, not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts you wish provided they do not affect the servers’ normal operation and are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, SinLios reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
– Chat servers/scripts of any kind are strictly prohibited.
– Formmail is not allowed on our servers. You can use formmail scripts but they must be up-to-date and not running with the filename “formmail”. Any files named “formmail” will be deleted without notice.
These services include but are not limited to: Softaculous package, Mailing Lists and others, are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. RESELLERSPANEL’S ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON “AS IS” AND “AS AVAILABLE” BASIS. RESELLERSPANEL REJECTS ANY IMPLIED WARRANTIES. ANY OF RESELLERSPANEL’S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY RESELLERSPANEL, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
SinLios guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where SinLios has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that ResellersPanel cannot directly influence. ResellersPanel may temporarily deny or terminate service upon clients failure to pay their charges when due.
SinLios will guarantee 99.9% network uptime. This, however, does not refer to problems stemming from:
Network Outages or Unscheduled Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.
Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our blog section at a minimum 24-hour notice.
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. SinLios offers a cloud hosting service in which environment customers may share resources with other customers, therefore it is imperative that SinLios control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources.
A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory and/or 20 concurrent connections also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: CGI scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account, which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused.
Excessive Disk Space & Traffic Usage – SinLios offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid.
SinLios will make every reasonable effort to notify customer prior to suspension, however, SinLios may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package. SinLios will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their Control Panel.
The amount that will be credited back to you in accordance with our 30-day money back guarantee will not include the cost of all non-refundable services that have been purchased upon sign-up (i.e. you will be issued a partial refund on the original transaction if you have purchased non-refundable services for your web hosting account).
SinLios provides hosting services on an “as is” and “as available” basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers’ hosting with ResellersPanel confronts with service interruption issues.
As a condition for your use of the SinLios Services, you might not use the SinLios Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any SinLios Services, other accounts, computer systems or networks connected to any SinLios Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ResellersPanel Services.
SinLios reserves the right at all times to disclose any information as SinLios deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at SinLios sole discretion.
SinLios is within the capacity to refuse service to unlawful parties. SinLios servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, SinLios expressly forbids any breach of Federal, State or Local regulation, including, but not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
SinLios management will thoroughly scrutinize any of the received orders and decide at their own discretion which of them does not comply with the officially stated requirements for use of the company’s servers. SinLios servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to – pornography, adult materials, blasphemy, and any other materials of an adult nature.
Any dealings with third parties (including advertisers) included within the SinLios Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SinLios shall not be responsible or liable for any part of any such dealings or promotions.
You agree that SinLios, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms. All accounts, which remain unpaid for 60 days after their expiration date will be automatically terminated.
SinLios reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers’ failure to pay. The customer then is considered a debtor to SinLios and liable for reasonable interest and collection fees.
You are solely responsible for the content of your messages. Using the SinLios Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
The account’s owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer’s account gets. SinLios reserves the right to block files or scripts that use CPU exceedingly and notify clients.
SinLios provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world.
The services for newly signed up clients are activated within 48 hours of the payment submission.
The hosting service is active for one year (365 days). After that period of time, the account will be automatically suspended until the Customer renews it by paying the monthly subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account’s data will be kept for two months, after that it will be permamently deleted.
Even though SinLios will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
If a Redemption Grace Period is applicable for a specific domain name, it will last between 30 and 42 days.
After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) can be: provided to third parties; SinLios may choose to auction the domain name(s); SinLios may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.
If the customers fails to rectify an already reported violation of our Terms of Service, SinLios reserves the right to delete the contents of his /public_html/ folder. Customers who have a /public_html/ folder smaller or equal to 100MB will receive a .zip file with the content of their website. Larger websites will be deleted.
Any case of indecent treatment towards a SinLios employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with SinLios employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
Other acts of treatment towards SinLios employees that will be considered as unacceptable include any verbal, oral, written or second party threats addressing SinLios or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. SinLios keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
SinLios is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below.
In order to file a complaint, please send an email to info[at]inlios[dot]com, specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be.
Here are the steps for addressing every single complaint:
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as “believes”, “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential”. However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
SinLios will be in a non-liability position with regard to the failure or delay in doing its professional duties as a consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
Copyrighted material must not be placed on Customers’ accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.
Any attempts to undermine, slander, libel, threaten, or cause harm to a SinLios server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
The Customer shall not have the right to assign this Agreement without SinLios written permission. This Agreement shall be in force and effect to the total benefit of the Customer and SinLios and their successors and permitted assigns.