Terms and Conditions
Conditions of use.
Please read it carefully. It contains important information you should know.
Please read these terms carefully. Your access to and use of WinkHosting's products and services and our website, including any of its content, is conditional. You must read, agree to and accept all of the terms and conditions contained in these Terms contained in these Terms. By creating an account, or by using or visiting our website, you are subject to these Terms and indicate your continued acceptance.
1. Acceptance of general terms and conditions by the customer
By creating an order the party contracting the service, hereinafter referred to as 'the Client', certifies that he/she has read, understands and accepts each one of the conditions of this virtual document, understands and accepts each of the conditions that make up this virtual document, and that it is his desire to contract the services of WinkHosting.com contract the services of WinkHosting.com in the terms established in these General Conditions Terms and Conditions.
WinkHosting reserves the right to revise and modify these Terms and Conditions General Conditions for the contracting of its WebHosting services. In the case of modifications to the General Conditions that limit the rights or extend the obligations of the Client, WinkHosting.com. must notify via email to the Client of such modification and the Client will have a period of 10 days to will have a period of 10 days to state whether he/she wishes to continue with the service under the General General Conditions as they have been modified or if, on the contrary, he/she wishes to proceed with the termination of the service, effective as soon as WinkHosting.com of the service, with effect from the time WinkHosting.com receives such communication. If after 15 days from the sending of the email notifying the modification of the General Conditions, WinkHosting.com does not receive any response from the Client, it will be understood that the Client accepts such changes in their entirety changes in its entirety.
Also, WinkHosting.com reserves the right to accept or not the requests of services that it receives requests for services that it receives through the forms created for this purpose. It will be understood that the request for services has been accepted when the Client receives, via email, a confirmation of the of such acceptance on the part of WinkHosting.com In case of not acceptance of the request for services, WinkHosting.com will services, WinkHosting.com undertakes to explain to the applicant, via email, the reasons for the non-acceptance non-acceptance.
Pursuant to the provisions of the legislation in force, the Client shall have 30 calendar days from the Order Placing Date to inform with a period of 30 calendar days from the Date of the order to communicate to WinkHosting.com its will to unilaterally desist from its request of provision of services of WebHosting.
The Client declares to be over 18 years of age on the date of acceptance of these Conditions the present Conditions.
The "area assigned to the Client" shall be understood as the number of units of storage capacity in digital format of the Client's Servers of units of storage capacity of information in digital format of the Servers of WinkHosting.com, that WinkHosting.com makes available to the Client, and that this one contracts with WinkHosting.com, that WinkHosting.com puts at the disposal of the Client, and that this one contracts with in order to store its Information.
Client" means the person or company that has contracted the hosting services offered by WinkHosting.com hosting services offered by WinkHosting.com.
The "Contract Date" will be understood as the date on which the Client receives the confirmation email from WinkHosting.com the confirmatory email from WinkHosting.com is sent to the Client by which this company accepts the Client's request for services. It is on this date when the contract will be considered perfected.
Information" shall mean all data, programs, works, elements and contents, whether or not they are protected by Intellectual Property or Copyright, works, elements and contents, whether or not they are protected by Intellectual or Industrial Property rights, and other Industrial Property Rights, and other information that the Client makes available to Internet users, by storing it in the Internet, by means of its storage in the Server.
"WinkHosting.com" will be used to designate the Colombian company WinkHosting SAS.
"Plan" will be used to designate the different modalities of contracting the hosting services offered by WinkHosting.com. The term "Plan" does not include the right to use by the Client any of the trademarks, trade names or domains owned by WinkHosting.com property of WinkHosting.com.
"Web Hosting Services" are those services that consist of the allotment, for a fee, of a limited amount of hard disk space on a connected server the allocation, in exchange for a price, of a limited space on the hard disk of a server connected to the Internet network, the purpose of which is to host a set of files that make up the to the Internet network, the purpose of which is to host a set of files that make up the client's web page client's web page.
WinkHosting.com is a domain name under which WinkHosting SAS. markets its hosting services its hosting services.
The services offered by WinkHosting.com may be used by the Client exclusively for lawful Client exclusively for lawful purposes, being expressly forbidden the transmission, storage or presentation of information that violates the provisions of the legislation in force, injures the rights of third parties or rights of third parties or promotes any illegal activity, whether it occurs directly or through the presentation of links or by means of the presentation of links to other websites, including, but not limited to, links to other websites, including, but not limited to, links to other websites illustrative but not limited to, illegal pornographic content, content that infringes intellectual or industrial property rights, content that intellectual or industrial property rights, contents that violate the right to privacy of third parties, materials protected by trade secret, etc. Failure by the Client to comply with the provisions of this clause shall entitle the present clause will entitle WinkHosting.com to unilaterally terminate the provision of the service of the service, without prior notice or right to any compensation.
All services offered by WinkHosting.com must be used for lawful purposes. The
customer agrees to indemnify WinkHosting SAS. for any claims that may arise
The use of our services to infringe copyright and/or trademark rights is prohibited. This includes, but is not limited to, unauthorized copying of music, books, photographs or any other copyrighted work copyrighted work. Likewise, impersonation of any brand or company will result in immediate account termination immediate account termination
Examples of sites not allowed:
- IRC/Bots Scripts
- Proxy Scripts/Anonymizers
- Pirate/Warez Software
- IP scanners
- Brute Force Programs or Scripts
- Mail Bombers/Spam
- Massive file download
- Audio Streaming
- Money gathering sites (Forex, Pyramids, etc.)
- Sale of prohibited substances
- Lottery Sites
- Hate or racist sites
- Hacker sites and/or resources or tutorials for breaching systems
- Sites promoting illegal activities
- Sites distributing or linking to illegal or pirated content
- Mailer Pro
Additionally, it is not allowed to use our mail servers to send mail marketing or mass mailing campaigns marketing or mass mailing campaigns. Mass mailing is understood as any mailing of an email with similar or the same subject, body and/or attachments similar or the same to more than 50 different recipients within a period of one hour period of one hour. The use of specialized Internet marketing services is recommended for this type of mailing for this type of mailings.
Failure to heed the instructions of our agents during support sessions, disrespectful treatment and use of offensive words/qualifications by the client that affect the relationship with WinkHosting SAS may also be considered grounds for cancellation of services provided that affect the relationship with WinkHosting SAS may also be considered grounds for cancellation of the services provided.
Our shared hosting plans are not recommended for educational software such as moodle, chamilo or similar platforms that require more than 50 concurrent users or similar platforms that require the concurrent entry of more than 50 users, WinkHosting does not guarantee the proper functioning and performance of these winkHosting does not guarantee the proper operation and performance of these platforms due to its high consumption of hardware resources. For this type of software we recommend a VPS or bare metal server.
WinkHosting services, including all related equipment, networks and network devices must be used for authorized activities be used for authorized activities. WinkHosting servers may be monitored to verify proper use, to ensure that use is verify proper use, to ensure that the use is authorized, for system administration, to facilitate protection against system administration, to facilitate protection against unauthorized access and to verify security, stability and operational security, stability and operational procedures. During such monitoring, information may be examined, recorded may be examined, recorded, copied and used for authorized purposes. Use of our service constitutes consent to monitor for these activities.
Any account that is detected connecting to unauthorized external content is subject to suspension or termination. WinkHosting will, at its discretion, require documentation to prove that access to external documentation to prove that accesses to external material are authorized.
We reserve the right to provide and refuse service. Any material that in our judgment is obscene, threatening, racist, illegal, or that violates any of our terms and conditions of service in any way, may be removed from our servers (or disabled), without any manner, may be removed from our servers (or disabled), without notice.
Potential harm to minors is strictly prohibited, including but not limited to child pornography pornography. Any account with such content will be suspended immediately and without notice notice. Such violation will be reported to the appropriate authorities.
It is your responsibility to ensure that scripts or programs installed on your account are secure and folder permissions are set correctly, regardless of the method of installation permissions are set correctly, regardless of the installation method. The folders should have 755 permissions or as restrictive as possible. Users are responsible for any actions taken from their account. This includes compromising login and password credentials login and password credentials. It is required that you use a secure password. Audits can be performed can be performed to verify that passwords are of secure length and complexity.
The Client declares that he/she is solely and entirely responsible for the Information published through our services, and all the activity generated on its website, exempting WinkHosting.com from any liability winkHosting.com of any responsibility by actions or claims that have origin in this information or activity Information or activity. The Client guarantees that he/she is the owner of the Information stored in the Assigned area or that in the Assigned area or that, in any case, has the corresponding authorization to disclose the Information through the Internet disclose the Information through the Internet. In the event that an authority or third party winkHosting.com that the content of the information published by the Client could be illegal or detrimental to the be illegal or detrimental to the interests of third parties, WinkHosting.com reserves the right to suspend the service without the service without prior notice, unless the Customer presents convincing evidence at the discretion of WinkHosting.com that such content does not violate these conditions, in which case, the service will be restored service will be reinstated. If the illegality or harmful nature of the Information is confirmed, WinkHosting.com may proceed to terminate the service, in accordance with the above clause 3.1.
They are also activities not accepted by WinkHosting.com and that can motivate the termination of the WebHosting service by WinkHosting.com, with prior notice termination of the provision of WebHosting service by WinkHosting.com, without notice, the use of the virtual mail server and addresses for spamming purposes, phishing, spoofing, trolling, mailbombing and any other similar.
In shared virtual servers, if WinkHosting.com detects that the Client has installed files or programs in its installed in its Assigned area files or programs that suppose an over consumption of the resources of the server to the detriment of the other Clients that resources to the detriment of the other Clients sharing the server, WinkHosting.com will contact the Client and the latter will the Client and the latter will have to take the measures indicated by WinkHosting.com, that may involve the cessation of the use of such file or program. Likewise, those that exceed the transfer rate fixed for each Plan, must be readjusted to the allowed transfer rate or contact the Sales department or contact the Sales Department to extend the contracted Plan. If the Client does not make the adjustment, the site will be suspended for the remaining period until the first day of the following month following month.
All services and equipment necessary for the Customer's access to the contracted services, such as computer equipment (hardware and software) or telephone connection such as computer equipment (hardware and software) or telephone, cable, satellite or wireless connection shall be or cable or satellite or wireless connection, will be at the sole cost and expense of the Client. WinkHosting.com does not guarantee or warrant that the Client's equipment is compatible with WinkHosting.com's servers WinkHosting.com servers.
4. Add note
WinkHosting.com commits, during the term of its provision of WebHosting webHosting services, to make available to the Client the Assigned area contracted by the Client the latter.
It is expressly accepted by the Customer that WinkHosting.com cannot guarantee that the availability of the server will be continuous and uninterrupted due to the possibility of server problems availability of the server will be continuous and uninterrupted due to the possibility of problems in the Internet network, server equipment internet network, server equipment failures and other possible unforeseeable contingencies. Likewise, in the case of virtual servers, when the same machine is shared among several Clients, may occur technical problems attributable to third parties and that are not attributable to WinkHosting.com. Consequently, the Client expressly renounces to claim any contractual or extra-contractual liability or damages contractual or extra-contractual liability, or damages to WinkHosting.com for possible failures, slowness or errors in the access and use of the access and use of the service due to problems in the Internet network, breakdowns in the servers or other possible unforeseen servers or other possible unforeseeable contingencies.
Notwithstanding the foregoing, if WinkHosting.com should fail to comply with the commitments assumed in these General these General Conditions by providing an inefficient service for a period of more than 96 hours, the liability of WinkHosting.com for liability for damages demandable to WinkHosting.com will be limited, as a maximum, to the total amount charged from the Client for the hosting services, to the total amount collected from the Client for the hosting services provided during such period. In no event may the Client require WinkHosting.com to client will not be able to demand to WinkHosting.com responsibilities for damages and damages total or partial loss of the Information, or for the interruption of its business or for damages business or for damages to third parties, whether direct or indirect.
Under no circumstances can WinkHosting.com be held responsible for the interruptions of availability of the interruptions of availability of the Information caused by force majeure or beyond the control of WinkHosting.com control of WinkHosting.com. By way of illustration but not limitation, the following are considered outside the control of WinkHosting.com, among others, the following elements or resources: Modem, User's computer system, Net PC or Web PC of the user, Net PC or Web PC, Software of connection, Software of navigation, Applets, activeX controls and plugins of the navigation program, Virus, Switched telephone network, ISDN, frame relay, cable, satellite and any other transport or telecommunications infrastructure or any other force majeure any other causes of force majeure, or that could not be foreseen or are beyond the control of WinkHosting.com WinkHosting.com. Also WinkHosting.com will not respond, under any circumstances, for the acts of third parties outside WinkHosting.com of third parties outside WinkHosting.com and detrimental to the Client's website hosted on its servers, such as acts of hacking or cracking acts of hacking or cracking.
Although WinkHosting.com periodically performs backups of Customer Information, WinkHosting.com is not responsible in the event of loss or Although WinkHosting.com periodically makes backup copies of Customer Information, WinkHosting.com is not responsible in cases of loss or accidental accidental deletion of data, for whatever reason. In the same way WinkHosting.com does not guarantee the total reinstatement of the Information as for the changes that could have taken place between the last copy and the deletion the last copy and the deletion. The Client expressly accepts that, in the case of loss of the Information, the provision of the backup copy in order to replace such Information is at the Customer's risk is at the Customer's own risk. It is the Customer's responsibility to keep its backup copies up to date.
In addition to the assumptions of suspension or termination of the provision of the service of the service regulated in these General Conditions, WinkHosting.com will be able to interrupt of temporary form the storage of the temporarily the storage of the Information in its Servers, or the availability of the same on the part of Internet internet users, for security reasons, or due to restructuring of the computer resources of WinkHosting.com resources of WinkHosting.com destined to improve its services of storage and putting to availability of Information through Internet. In such a case, WinkHosting.com should try, in good faith, that such interruptions minimally affect the Customer. WinkHosting.com will not be liable for damages caused by such interruptions, if these have been communicated to the Client at least 36 hours in advance.
In the event that, as a result of the provision of WebHosting services by WinkHosting.com, the Client accesses information classified as confidential by WinkHosting.com, such as information and materials related to its business plans, customer lists, or technology or marketing strategies or technology or marketing strategies, the Client agrees to maintain the confidential nature of such information, taking confidential nature of such information, taking the necessary measures, in good faith, so that it does not fall into the hands of third parties, as well as the Client undertakes not to use this information for its own benefit or for the benefit of third parties who do not advantage nor in that of third parties not authorized by WinkHosting.com.
6. Contract Duration
The hosting service provision contract will begin on the date of service registration and will remain in force for 1 year date of registration of the service and shall remain in force for 1 year and shall be renewed at the Customer's the Client, on an annual basis when the Client makes the agreed payments, until either party notifies the other party of its wish to terminate the contract the other party notifies the other party of its desire to terminate the agreement with a minimum notice of 15 days prior to the effective date of termination by sending effective date of its termination by sending an email with the account details to firstname.lastname@example.org.
Renewal of any of our services may be made within a maximum period of 30 days after the expiration date maximum period of 30 days after the expiration date. After this period, if the period, if the Client were to make the corresponding payment, it will be agreed with WinkHosting.com the refund of the money the refund of the money paid through a transfer to a savings or current account of a bank in Colombia bank located in Colombia.
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Answers to the most frequently asked questions we receive.
Can I use emails for mass mailing?
Short answer: no. None of our hosting plans support mass mailing, mail marketing or similar.