Terms and Conditions
Facilcloud It is a global company that offers web hosting to CUSTOMERS worldwide, and assumes the responsibility to protect each client and offer you the best services available. All CLIENTS of Facilcloud.com are subject to the following terms of service:
You agree to use all the services of Facilcloud.com under your responsibility. Facilcloud.com formally disclaims all warranties of merchantability for a particular purpose. In no event will Facilcloud.com be liable for any loss of data, or other commercial damages, including, but not limited to, special, secondary or other loss.
The CLIENT agrees to defend, indemnify, hold and hold Facilcloud.com harmless from any claims, liabilities, losses, costs and claims, including attorney´s fees against Facilcloud.com, its customers, officers and employees, arising or arising Of any service provided, made or agreed to be performed or any product sold by the customer, employed or assigned.
The CLIENT agrees to defend, indemnify and hold Facilcloud.com harmless from any liability arising from: Any damage to persons or property caused by any product sold or distributed in connection with the Facilcloud.com server.
The CLIENT agrees to defend, indemnify, hold and hold Facilcloud.com harmless from any claims, liabilities, losses, costs and claims, including attorney´s fees against Facilcloud.com, its customers, officers and employees, arising or arising Of any service provided, made or agreed to be performed or any product sold by the customer, employed or assigned.
The CLIENT agrees to defend, indemnify and hold Facilcloud.com harmless from any liability arising from: Any damage to persons or property caused by any product sold or distributed in connection with the Facilcloud.com server.
Facilcloud.com, monthly invoice, quarterly, semi-annual and annually, depending on the plan. If the CLIENT is not satisfied with the service the first 30 days, Facilcloud.com provides a full refund (For some special offers on the day of the return of your money will be varied and the rate of registration of domain names is not refundable) . We accept Visa, Master Card, American Express and Paypal. For web hosting plans we will set up your account without any payment. There are no contract periods but for each successive period, your contract is automatically renewed unless notified otherwise.
All accounts are billed considering the dates they were first activated. If the CLIENT does not cancel the service renewal 5 days after the service has expired, your account is suspended.
If you did not make the payment, your account will be canceled within 30 days after the suspension.
You will receive a reminder by email 5 days before the expiration of the service until its deactivation.
If you did not make the payment, your account will be canceled within 30 days after the suspension.
You will receive a reminder by email 5 days before the expiration of the service until its deactivation.
Information of collection:
The first thing to do to access the promotions of Facilcloud.com is to provide some complete and accurate data ("Personal Information"). We may request, collect and store the following Personal Information: name, valid document number or identification, physical contact information (such as home address, e-mail address, etc.). Facilcloud.com will be able to confirm the personal data supplied by public entities, specialized companies or risk centers, for which we expressly authorize us. The information obtained from these entities will be treated confidentially.
Use of information:
In order to provide an excellent service and to enable users to perform operations in an agile and secure way, Facilcloud.com requires certain personal information, including e-mail address. The collection of information allows us to offer users services and functionalities that best fit their needs and personalize our services to make their experiences as comfortable as possible. The personal information we collect has the following purposes:
- Help direct contact in the opportunity that corresponds according to the modality of the purchase. In this case, your personal data (name, phone numbers, location and email) will be provided to interested parties, via email or through the site. The information so known by the seller, may only be used for the purpose of completing the operation originated in Facilcloud.com and should not be used by any of them for advertising or promotional purposes or other activities not related to the company, except for the express authorization of the user.
- Develop internal studies on the interests, behaviors and demographics of users to better understand their needs and interests and provide better services or provide related information.
- To improve our commercial and promotional initiatives and to analyze the pages visited the searches made by the users, to improve our offer of contents and articles, to personalize said contents, its presentation and services.
- Send information or messages by e-mail about new services, show advertising or promotions, banners, of interest for our users, news on Facilcloud.com. If the user prefers, he can request that they exclude him from the lists for the sending of promotional or advertising information.
- The winners of the Promotions and / or competitions made by Facilcloud.com expressly authorize to disseminate their names, personal data and images and those of their families, by the means and in the forms that they deem appropriate, for advertising and / or promotional purposes, Without any right to compensation.
Confidentiality of information:
Once registered on the website, Facilcloud.com will not sell, rent or share the Personal Information except in the ways established in these policies. Notwithstanding this, the user expressly agrees that Facilcloud.com transfers all or part of the Personal Information to any of the controlled companies, controllers and / or linked to Facilcloud.com, under any title and at the time, manner and conditions Which it deems appropriate. We will do everything in our power to protect the privacy of information. It may happen that by virtue of court orders or legal regulations, we are compelled to disclose information to authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions in which Case Facilcloud.com will not be responsible for any information that may be revealed.
The first thing to do to access the promotions of Facilcloud.com is to provide some complete and accurate data ("Personal Information"). We may request, collect and store the following Personal Information: name, valid document number or identification, physical contact information (such as home address, e-mail address, etc.). Facilcloud.com will be able to confirm the personal data supplied by public entities, specialized companies or risk centers, for which we expressly authorize us. The information obtained from these entities will be treated confidentially.
Use of information:
In order to provide an excellent service and to enable users to perform operations in an agile and secure way, Facilcloud.com requires certain personal information, including e-mail address. The collection of information allows us to offer users services and functionalities that best fit their needs and personalize our services to make their experiences as comfortable as possible. The personal information we collect has the following purposes:
- Help direct contact in the opportunity that corresponds according to the modality of the purchase. In this case, your personal data (name, phone numbers, location and email) will be provided to interested parties, via email or through the site. The information so known by the seller, may only be used for the purpose of completing the operation originated in Facilcloud.com and should not be used by any of them for advertising or promotional purposes or other activities not related to the company, except for the express authorization of the user.
- Develop internal studies on the interests, behaviors and demographics of users to better understand their needs and interests and provide better services or provide related information.
- To improve our commercial and promotional initiatives and to analyze the pages visited the searches made by the users, to improve our offer of contents and articles, to personalize said contents, its presentation and services.
- Send information or messages by e-mail about new services, show advertising or promotions, banners, of interest for our users, news on Facilcloud.com. If the user prefers, he can request that they exclude him from the lists for the sending of promotional or advertising information.
- The winners of the Promotions and / or competitions made by Facilcloud.com expressly authorize to disseminate their names, personal data and images and those of their families, by the means and in the forms that they deem appropriate, for advertising and / or promotional purposes, Without any right to compensation.
Confidentiality of information:
Once registered on the website, Facilcloud.com will not sell, rent or share the Personal Information except in the ways established in these policies. Notwithstanding this, the user expressly agrees that Facilcloud.com transfers all or part of the Personal Information to any of the controlled companies, controllers and / or linked to Facilcloud.com, under any title and at the time, manner and conditions Which it deems appropriate. We will do everything in our power to protect the privacy of information. It may happen that by virtue of court orders or legal regulations, we are compelled to disclose information to authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions in which Case Facilcloud.com will not be responsible for any information that may be revealed.
Object, modifications and benefits:
1.1. The present general conditions, together with the particular conditions, the corresponding descriptions of benefits and the lists of tariffs, which in each case are established, will regulate the provision by Facilcloud.com of the services of web hosting, domain name registration , Servers, e-mail service, applications and computer tools, as well as other services that in the future could be offered to the CLIENT in exchange for the corresponding remuneration to be met by this one.1.2. Facilcloud.com may modify the content of this contract by accepting the CLIENT. Acceptance of the modification of the contract will be considered provided that the CLIENT does not reject within four weeks after receipt of notification of the modification. Facilcloud.com will provide the CLIENT with the consequences of the non-opposition together with the modification information.
1.3. The present general conditions will prevail over any general condition that could be claimed by the CLIENT, except in an express agreement to the contrary, in which it is stated in writing the acceptance of those by Facilcloud.com.
1.4. These general conditions will also apply to future business that may arise between the parties.
Rights and obligations of the parties:
A) CLIENT
2.1. The CLIENT shall have the right to use the contracted service or services in accordance with the general and particular conditions that are agreed upon in each case.2.2. You must use the service or services contracted according to the conditions agreed between the parties, the current legislation and good faith.
2.3. You must meet the remuneration agreed for each service or services in the terms and forms contained in the particular conditions and price lists.
2.4. The CLIENT shall provide Facilcloud.com with the correct and complete information. It is obliged, therefore, to inform to Facilcloud.com immediately on any modification of the provided data and to confirm them again to Facilcloud.com, at its request, within a period of 15 days from the date of the modification.
Unless otherwise agreed, the following data shall be provided:
Full name, address, e-mail address, telephone, service holder, payment details (either credit card or Paypal) and the holder of the payment data. In the event that the CUSTOMER is a legal entity, it will also request its legal form.2.5. The CLIENT has full responsibility for the content of its website, the information transmitted and stored, its holdings, hypertext links, third party claims and legal actions that can trigger. Ultimately, the CLIENT is responsible for the laws and regulations in force and the rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use.
2.6. The use of hosting plans is prohibited in a manner contrary to good faith and, in particular, not exhaustively:
The use that is contrary to the laws of each country or that infringes the rights of third parties.
The publication or transmission of any content that, in Facilcloud.com´s opinion, proves to be violent, obscene, abusive, illegal, xenophobic, defamatory or inappropriate.
Cracks, serial numbers of programs or any other content that violates intellectual property rights of third parties.
The use of the mail server and / or its e-mail addresses for the purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming, dissemination of viruses (trojans, worms, etc.), or any other type of Activity carried out with sabotage, fraudulent or criminal. Facilcloud.com expressly advises CLIENT that its outgoing emails will be automatically filtered by Facilcloud.com to detect such activities.
2.7. The web space offered can only be used for web content and applications. In this sense it is not allowed to make backups - commonly known as "data backups" - or data storage if they are not directly related to the contents and applications of said web space, Except the dedicated solutions in which you can use the space of Disc to freedom.
2.8. In case of violation of any of the obligations indicated in points 2.4, 2.5, 2.6 and
2.9. Facilcloud.com shall have the right to terminate the contract with the CLIENT without being entitled to any claim. Facilcloud.com has the right to interrupt the provision of the service upon written notification 48 hours in advance, which may also be made via e-mail.
2.10. Facilcloud.com guarantees the service or services contracted in the manner provided in these general conditions and, where appropriate, in the established in the particular conditions.
2.11. The CLIENT shall not have the right to demand that the same IP address be assigned to the server for the entire term of the contract.
2.12. For each Internet domain of the CUSTOMER, only one fee of Facilcloud.com may be applied.
2.13. Unless otherwise agreed, every client has a "CPU Cycles" quota that is equivalent to a portion of critical server resources (RAM and CPU) if their domain (s) generated a higher amount than the contracted one, Domains to a superior solution prior written notification 48 hours in advance as a reference 1000 CPU cycles are approximately equivalent to the consumption of a website with 1000 hits per month.
2.14. The CLIENT will choose a specific rate when making the order. Unless otherwise agreed, a combination of different offers is not possible.
2.15. Facilcloud.com may limit, provisionally interrupt or even permanently cancel access to its services when it is necessary to secure the network service, maintain network integrity and, in particular, avoid serious network interruptions, Of the Software or saved data. These interruptions will be communicated, as far as possible, in sufficient time to the CLIENT through www.Facilcloud.com or via e-mail. The above obligation will not be required of Facilcloud.com in case of force majeure or if there is a fall in the data network that serves as a basis for the provision of the same other than its will and control.
2.16. Facilcloud.com is not responsible for:
A) Content hosted in the space allocated to the user by the service.
B) The possible damages in the equipment due to the incorrect use of them (responsibility of the CLIENT).
C) Damage due to a virus infection of their equipment.
D) The errors produced by the access providers.
E) Any illegitimate interference by a third party.
F) Faulty configuration by the CLIENT.
2.17. Facilcloud.com may assign the rights and obligations contained in these general conditions to one or more third parties. In this case, the CLIENT can resolve the contract without deadline.
2.18. Facilcloud.com will freely choose the technical means, which may be related to the technology and / or infrastructure, in order to facilitate the delivery of the services provided.
2.19. Facilcloud.com will not be responsible for damages of any nature that could be caused to a third party or to the CLIENT as a result of the improper or illegitimate use of the services by the CLIENT.
2.20. Any claim of the CLIENT to Facilcloud.com must be submitted within a period that can not exceed two weeks, once the CLIENT has become aware of the defects and interruptions in the claim. The communication must be in written form, which may also be done by electronic mail if the CLIENT adds to the claim their full name, identification number of identity document, address, e-mail address, telephone number as well as the owner of the service, and Provides the electronic document of an electronic signature, in accordance with current regulations. The claim of defects and interruptions not warned in time is excluded.
The complaints should be addressed to the following e-mail address: [email protected]
After notifying Facilcloud.com of defects and interruptions, objects of the claim, the CLIENT will grant Facilcloud.com a period of 20 days to restore the correct operation of the service. During this period, the CLIENT may not exercise any action against Facilcloud.com nor terminate the contract due to such defects and interruptions.
2.21. Facilcloud.com will only be liable for damages incurred as a result of breach of an essential contractual obligation (cardinal obligations) by Facilcloud.com or one of the persons Facilcloud.com serves to fulfill its obligations, Jeopardizing the contractual object, or damages that are due to an intentional or grossly reckless behavior of Facilcloud.com or one of the persons Facilcloud.com serves to fulfill its obligations. If the breach of an essential obligation of the contract (cardinal obligation) does not occur in a seriously unwise or intentional manner, Facilcloud.com´s liability is limited to the amount of damage that was reasonably foreseeable for Facilcloud.com to conclude the contract.
2.22. The CLIENT accepts the responsibility to make periodic backups of its website and / or databases, unless otherwise agreed. Facilcloud.com will perform server backups for disaster recovery purposes, however they do not guarantee the restoration of your website data in the event of a failure or accident.
In all other cases where, due to the application of the relevant contractual clauses or by legal imperative, a liability of Facilcloud.com is given, and except for mandatory legal provisions against, the quantification of such liability will be limited to the corresponding part of the consideration Paid by the CLIENT.
Licensing, Intellectual Property:
Facilcloud.com is the owner of all copyrights, trademarks, intellectual property rights and any other rights related to the services contracted by the CLIENT, as well as the computer programs necessary for its implementation and the information it obtains on the same.The CLIENT must respect the programs of use of third parties made available to him by Facilcloud.com even if they are free, of which Facilcloud.com has the necessary exploitation rights.
The CLIENT, by virtue of this contract, does not acquire any right or license with respect to the services provided, the computer programs necessary for the provision of the service or the technical information for monitoring the service, except for the rights And licenses necessary for the fulfillment of this contract and only for the duration of the same.
The CLIENT agrees to ensure that any user of the programs respects the license agreement. The CLIENT can only use the programs on a computer simultaneously. A "use" of the programs will be considered when they are in the main memory or in a means of archiving of a computer. A program that is only installed on a network server for the sole purpose of distributing programs will not be considered used.
For the use of the software provided by Facilcloud.com for a product without additional consideration, the CLIENT must activate it using a license code facilitated by Facilcloud.com. The license code will be valid for 6 months, after which activation will no longer be possible.
Rates and method of payment:
3.1. The rates included in the tariff lists are fixed. The rates depend on the choice of the agreed rate, contained in the corresponding particular conditions. If independent rates have been agreed upon, Facilcloud.com will be able to establish a prepaid system. The rates that are related to the use or consumption will be invoiced after the rendering has been performed.3.2. Facilcloud.com can increase the amount of the rates. For the validity of the increase requires the consent of the CLIENT, which will be granted if the CLIENT does not declare its disagreement with said increase, within four weeks of its written notification, sent by email [email protected] If Does not declare its disagreement, will alternatively have the right to terminate the contract during the same term, after which, the contract will continue its validity with the new rates without possibility of resolution by the client.
3.3. All prices, costs and fees indicated in these general and / or particular conditions include any corresponding tax, according to the applicable legislation at any time.
3.4. If there is a change in the taxes applicable to the agreed services, Facilcloud.com will be able to adapt its prices accordingly.
3.5. Invoices will be issued and sent to the CLIENT under your express request and coverage of shipping costs.
3.6. Depending on the service provided and the payment method facilitated by Facilcloud.com, the payment of invoices will be registered in the bank account indicated by the CLIENT or will be charged to the bank card number provided by the CLIENT. The CLIENT expressly authorizes Facilcloud.com to perform this domiciliation or debit card charge for the entire duration of the contractual relationship.
3.7. In case of non-payment of the invoice, the CUSTOMER will bear the costs of all payment requests, as well as the cost of returning the bank receipt and all other expenses incurred for that reason attributable to the CLIENT, including fees and expenses. The lawyers of Facilcloud.com.
3.8. Facilcloud.com reserves the right to suspend services rendered before any incidents experienced in the collection of the service and / or non-payment. If the CLIENT does not proceed to regularize the payments within the following 20 calendar days, Facilcloud may immediately and definitively cancel the service, resolving the contract with the CLIENT for breach.
Offer, formalization and extension of the contract:
4.1. After the telephone request or sending the request by the CLIENT, Facilcloud.com can accept the contract request within a period of 14 days.4.2. Unless otherwise agreed, the contract has an unlimited period of validity.
4.3. If the contract is signed for a certain period or a minimum period of validity has been agreed upon with the CLIENT, it will be extended in each case for the agreed time or for the minimum period, but for a maximum of one year, as long as it is not waived With a deadline of four weeks before the agreed time or the end of the minimum period. The foregoing shall apply unless otherwise agreed in the particular conditions.
Termination of the contract:
5.1. The contract may be terminated by mutual agreement of the parties.5.2. Facilcloud.com may terminate the contract when a period of validity of up to 6 months is left, with a notice of 1 month; When the remaining period to be fulfilled was between 6 and 12 months, the notice will be 2 months and in longer periods with a notice of 3 months.
The contractual relations between Facilcloud.com and the CLIENT that do not have a determined duration, can be terminated by any of the parties at any moment without necessity of justification some. Said termination shall take effect on the last day of the month following that in which the termination is notified to the other party.
Facilcloud.com is not responsible for the client´s data once the service is suspended, the machine can be removed after two months, having made the notifications and corresponding warnings.
5.3. Any resolution requires for its effectiveness the written form, which will also be considered fulfilled by the communication by facsimile.
5.4. If the CLIENT requests additional benefits to the contract, the period initially agreed upon in the contract will be valid for the same. Additional benefits may be, according to the indicated waiver regulations, subject to separate waiver, otherwise the contract will remain valid.
5.5 Facilcloud.com reserves the right of admission, in circumstances in which it deems it appropriate, may decide whether or not to sell its products or services, without explanation.
Facilcloud.com will not tolerate any abusive behavior, abusive language or threats against any staff member. In breach of this policy, we reserve the right to suspend or permanently terminate your account (s) without prior notice and without any refunds. That is to say, Facilcloud.com may cancel, without right to reimbursement, to customers that do not comply with our service policies.
Personal data protection:
6.1. In accordance with current regulations on the protection of personal data, Facilcloud.com informs CLIENT of the existence of automated personal data files, for which Facilcloud.com is responsible.6.2. Facilcloud.com expressly warns the CLIENT that the current state of development of the technique does not fully guarantee the protection of data in data transmissions in open networks such as the Internet. The CLIENT is aware that for technical reasons the provider has access at all times to the pages recorded on the network server and, if applicable, also to other CLIENT data stored there. Other Internet users may also be technically available to interfere in an unauthorized way in network security by controlling message traffic. The CLIENT will be totally responsible for the security of the data that he transmitted on the Internet and recorded on network servers.
6.3.The CLIENT gives his consent to Facilcloud.com so that he can treat his data in order to give him a better service. The CLIENT may at any time exercise the rights of access, rectification, cancellation and opposition, with respect to such data by writing to us by email at [email protected].
Right of withdrawal:
7.1. When the CLIENT is a consumer and the contract is executed without the simultaneous physical presence of the CLIENT and Facilcloud.com (distance selling), the CLIENT will enjoy the right of withdrawal described in this section.7.2. The CLIENT will have a maximum period of fourteen days to withdraw the contract by means of a written declaration, sent by fax, ordinary mail or electronic mail without penalty and without indicating the reasons. The term to exercise the right of withdrawal will start running from the day of the conclusion of the contract.
7.3. The CLIENT may exercise the right of withdrawal by sending a letter with the data mentioned in clause 2.4, as well as the data related to the service (Customer ID and contract number (s)), to the electronic address qos @ facilcloud .com.
7.4. The right of withdrawal of the CLIENT is extinguished in advance if Facilcloud.com, with the express consent of the CLIENT or at the initiative of the CLIENT, has already begun with the provision of the contracted service before the expiration of the withdrawal period. The customer does not have the right to withdraw if Facilcloud.com supplies him with goods made according to the CLIENT´s specifications or that are clearly designed according to his needs or if the CLIENT himself has ordered the provision of a service before the expiration of the term Of withdrawal (for example, immediate registration of a domain at the CLIENT´s wish). Neither does the CLIENT have the right to withdraw if Facilcloud.com provides you with software on a data carrier and the CLIENT disregards it.
Warranty period:
Facilcloud.com grants the CLIENT a guarantee period of 30 days counted from the date of registration in the service, only in cases where there are justifiable faults on the part of Facilcloud.com. The CLIENT may terminate the contract and request a refund of the basic fee paid.Once the case has been evaluated by Facilcloud.com and refunded, the amount returned to the CLIENT will not include additional expenses incurred, such as those accrued by domain names or by optional services contracted by the CLIENT.
For this, a written statement signed by the CLIENT will be necessary, sent to the email: [email protected] in which it expressly refers to the exercise of the guarantee. In any case, such declaration must be received by Facilcloud.com within the period of the indicated 30 days.
Each CLIENT may only use this faculty once, regardless of the number of services contracted by Facilcloud.com.
At the same time, it may not be applicable in any case for services contracted through promotional offers. To access the Guarantee of Reimbursement, the CLIENT must request their service without opting for the promotion in force during the discharge process.
The warranty period does not apply to dedicated server services, cloud servers, dedicated virtual servers, or dedicated dedicated servers.
Applicable law and jurisdiction:
9.1. As provided in this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties, the United States law will apply.9.2. The parties, expressly waiving any jurisdiction that, according to law may correspond, are submitted for the final resolution of all disputes arising from the contractual relationship to the courts or tribunals of the United States.
Various:
In case one or more of the stipulations of the contract are null, this will not affect the validity of the rest.Domain Registration
10.1. The different Top-Level-Domains are administered by many different organizations, mostly national. Each of these domain assignment organizations has established different conditions for the registration and administration of the Top-Level Domains, their corresponding Sub-Level Domains, and how to proceed in case of domain disputes.10.2. In the creation and / or maintenance of domains Facilcloud.com will intervene in the relationship between the client and the corresponding organization granting the domain, as a mere intermediary. Facilcloud.com has no influence on the granting of domains. Facilcloud.com does not assume any guarantee that the domains requested by the client will be granted and / or that the domains granted will be free of rights in favor of third parties or have a long term continuity.
Domain rights, litigation
11.1. The CLIENT guarantees that the domain requested by him does not infringe the rights of third parties.11.2. The CLIENT is obliged to notify Facilcloud.com immediately of any loss of his domain. If the CLIENT plans to recover its domain from a third party, it will be obliged to inform Facilcloud.com immediately about the initiation of negotiations with the third party, to answer Facilcloud.com queries about the status of negotiations with the third party And to grant to Facilcloud.com the preferential right of recovery for the CLIENT, in the cases and to the extent that this does not damage the CLIENT´s interests.
11.3. While the CLIENT himself has not yet provided content with a domain, Facilcloud.com will be entitled to enter its own content, such as advertising from Facilcloud.com or from third parties.
About Unlimited Resources and Acceptable Use of Resources*
Shared Hosting, Acceptable Use Agreement. The hosting space is limited to web archives, active e-mail and the content of subscribed Websites, not for storage (media, emails or other data).The hosting space cannot be used as external storage of electronic files, e-mail or FTP hosts. Facilcloud reserves the right to review each customer account for excessive use of CPU, bandwidth, disk space and other resources that may result from its violation of this Acceptable Use Agreement.
Facilcloud may, in its sole discretion, terminate access to services, apply additional fees or delete client´s content for accounts that are in violation of the policies of Acceptable Use established by Facilcloud.
Unlimited Hosting Space; Excess of MySQL files. Facilcloud does not define arbitrary limits on the amount of disk space a customer may use for their Website, nor will it charge additional fees based on a greater amount of storage used, provided that the use of storage complies with this Acceptable Use Agreement.
Accounts with a large number of files can have an adverse effect on server performance. Likewise, accounts with an excessive number of MySQL / PostgreSQL charts or database size affect server performance. Facilcloud may request to reduce the number of files / inodes of a client, database charts or the total use of the database to guarantee the correct operation of the services, otherwise it can terminate the account of the Customer without prior notice.
Unlimited file transfer. Facilcloud does not set arbitrary limits on visitor traffic that clients receive on their web pages. Sites can receive the amount of content a customer can upload in a given month, and Facilcloud ensures that you will not charge additional fees based on increased bandwidth usage.
In most cases, customer websites will be able to support as much traffic as the customer can legitimately purchase. However, Facilcloud reserves the right to limit the time, bandwidth, processes or memory of the processor in cases where it is necessary to avoid negatively impacting other subscribers.
12.5. Those CUSTOMERS who require more resources should hire a service according to their needs, breach of our rules of coexistence is cause for cancellation of service contract.
OPERATING SYSTEM: Facilcloud.com will perform the initial installation and security patches and / or update any compatible operating system, at no additional cost. The supported operating systems of Facilcloud.com currently include: Centos 6.X, Windows® Server 2008/2012, Debian Linux, Ubuntu Linux. Re-installation of any server, for reasons of hardware failure or Software, will be charged a fee of $ 40 per hour (or fraction).
Facilcloud.com will assist with error location and repair basic operating system problems. Facilcloud.com can install alternative operating systems, if required by the client, which will be agreed on a case-by-case basis. Support may be limited in relation to any type of settings and / or configuration of the alternate operating system, and / or for those customers who choose not to use the compatible control panel of Facilcloud.com regardless of the selected operating system. Co-Location customers will be charged a flat fee of $ 20 per installation or re-installation of the operating system.
Control Panel: Facilcloud.com will perform the initial installation and test the compatible control panel software for any server that has been ordered this way. If a server administrator includes compatible control panel software, Facilcloud.com will provide support based on the best effort. This includes but is not limited to support for the basic functions of the control panel (example: add, remove accounts, functions, dns, password changes, among others) and limited support of control panel software installed by third parties (example: Proftpd, pureftpd, mailman, now). Facilcloud.com will not provide control panel software support or any of its third party software inclusions, related bugs or software errors. Such issues should be sent to the attention of software vendors directly for their support. Facilcloud.com is not responsible for web development, non-compatible third-party software (eg compatibility, installation, maintenance) and / or daily administrative tasks (eg adjusting new users, mail accounts & domains). Facilcloud.com, at its discretion, can assist with custom initial server settings and / or configurations (eg, adjusting new users, mail accounts & domains, and / or software modifications). Facilcloud.com will install compatible control panels purchased through Facilcloud.com, without additional charges, for vps clients and cloud servers. Reinstallation of control panels purchased through Facilcloud.com for vps and cloud server customers will be charged at a rate of $ 40 per hour or fraction. Support for control panels purchased through Facilcloud.com, for vps and cloud customers, will be billed at a fee of $ 40 per hour or fraction. The installation of the compatible control panel software requires, and will be executed on, newly installed operating systems.
Updates, Software Patches and Operating Systems: Facilcloud.com will assist, if required, with control panel updates and security patches on any system that is running a supported operating system and that is using a Facilcloud control panel .com. Control panels can be upgraded automatically, including third-party software, and can be configured by the user if desired. Facilcloud.com can assist with control panel upgrades and system security patches that are running alternative operating systems, or that are not using a Facilcloud.com control panel, handled under the case-by-case scheme, with a fee Of $ 40 per hour or fraction. Facilcloud.com will automatically update and correct Shared Hosting, at its best discretion. Individual VPS and cloud servers behave and treated as regular systems in connection with patch panel and patch upgrades, and Facilcloud.com will assist, if required, with control panel updates and security patches on any VPS that Use a compatible Facilcloud control panel, managed under a case-by-case scheme, at a rate of $ 40 per hour or fraction. The improvement of the operating systems will be handled with a case-by-case scheme, and may or may not be subject to a flat fee of $ 20. Depending on the complexity of the upgrade. The operating system of a VPS may not be able to be upgraded and may require a full reinstallation, which can be done under the flat fee of $ 20. Facilcloud.com can assist with control panel updates and security patches for vps and cloud, managed under the case-by-case scheme, at a rate of $ 40 per hour or fraction.
Hardware Replacement and Maintenance: If any of the hardware components of the Facilcloud.com supplied system fail, Facilcloud.com will replace it without any additional charge, within periods of time specified in the Service Level Agreement (SLA) Level Agreement of service. All supported and unsupported operating systems, such as main software installation and Facilcloud.com configurations, will be reinstalled at no cost to the customer in the event of a hardware failure. For information related to system restore beyond the operating system and software / configurations, please see the section in this document entitled Data Recovery and Backups.
Hardware Improvement: Any information related to installation fees, upgrades and / or monthly rates for hardware improvement can be found on the specific product page on Facilcloud.com and / or via the Facilcloud online ordering system .com. Upgrading hard disks to a different size or type of drive, requiring a reinstallation of the operating system and software configurations, and transferring data from an old system to a new one, will be billed at a rate of $ 40 per hour or fraction.
Recovery of data and backups:
Facilcloud.com always recommends purchasing storage and backup services with all systems and services. Customers can purchase backup and / or storage units to run their own backups with or without Facilcloud.com, or the control panel backup software enabled, or you can purchase a managed backup solution from Facilcloud.comHardware Failure: In case of hardware failure, all operating systems, with or without support, as well as the software configurations installed by Facilcloud.com, will be reinstalled at no additional charge to the customer.
If a backup storage does not exist, Facilcloud.com will reinstall the operating system and software previously installed by Facilcloud.com on a new Hard Drive and attempt to install the faulty drive so that the client can recover and / or restore the data 72 hours after Reinstallation.
If a backup storage exists and the client was making its own backups, with or without Facilcloud.com or a control panel provided with software-enabled backups, Facilcloud.com will reinstall the operating system and software configurations previously installed by Facilcloud. Com on a new hard drive and attempt to install the backup drive and / or faulty drive so that the client can recover and / or restore the data 72 hours after reinstallation. Facilcloud.com under your discretion rules, you can assist with restoration data at a rate of $ 40 per hour or fraction.
If a managed backup solution exists at Facilcloud.com or the control panel backup software is enabled, the operating system and the previously installed installer and / or software installed by Facilcloud.com will be reinstalled on a new hard drive and will provide assistance With the restoration of the system data, without any additional charge. Managed backup solutions exist automatically for all Virtual Hosting customers and VPS, Cloud, however, Facilcloud.com always recommends purchasing additional remote backup services.
Facilcloud.com can not fully or partially guarantee the recovery of data from compromised or failed systems, it will do its best to recover the data, based on well defined policies and procedures.
Placement: Customers are responsible for their own hardware replacement and reinstallation of the operating system and the configurations / software. Reinstallations of the Facilcloud.com operating system will be charged with a flat fee of $ 20 and the company will attend with configurations / software and / or data recovery will be charged at a rate of $ 40 per hour or fraction.
Remote Backup: Customers are responsible for their own hardware replacement and reinstallation of the operating system and configurations / software, as well as recovery data. Facilcloud.com will provide assistance in connecting to stored data, at its best. Facilcloud.com under its discretion rules, can assist with data recovery at a rate of $ 40 per hour or fraction.
Network queries / connections: Customers using Facilcloud.com remote backup solutions will be charged a fee of $ 40 per hour or fraction for each hardware replacement job, operating system reinstallation and software assistance, configurations And / or data recovery. Support may be limited to softwares and / or configurations that were not originally installed by Facilcloud.com. If Facilcloud.com is not running a data recovery, the company will assist with connections to the stored data, at its best.
Monitoring: Facilcloud.com will monitor all the protocols of each system, to verify that the system is operational. The fault protocol that is monitored is HTTP (Port 80), however, in systems that do not respond as such, it is performed through another protocol path.
The monitoring protocols available are HTTP, SMTP, FTP, SSH, and ICMP (PING). The client may require that a specific protocol and port be monitored, rather than Facilcloud.com fault selection.
Multiple port monitoring may be available at an additional cost. Fully managed systems are monitored with multiple protocols and can be defined by the user.
If a server fails to respond to a monitored protocol, Facilcloud.com will manually attempt to check the status of the server through another protocol path.
Facilcloud.com will automatically restart systems that fail to respond after a second test protocol fails. If the second protocol tested responds adequately, Facilcloud.com will try to enter the system to retrieve and / or resume the service in the initial failed protocol being monitored.
Facilcloud.com does not charge extra for restarting any system on the network.
It is the responsibility of the client to upgrade to Facilcloud.com every time the password is changed on a system, otherwise it will be impossible for Facilcloud.com to automatically reset and / or resume the failed monitored protocols.
It is the responsibility of the client to maintain access by the ip addresses of the Facilcloud.com monitoring system available on their system, and not to block firewall routes, and also notify Facilcloud.com whenever the port is changed in a monitored protocol or if Some protocol is disabled.
Otherwise, Facilcloud.com will be unable to provide monitoring services. If a protocol is not constantly available to the Facilcloud.com monitoring system, the company may decide to cease such monitoring.
In some circumstances, Facilcloud.com may replace and change the primary system key, if it deems it necessary to correct an urgent matter or remedy AUP / TOS. (Acceptable Use Policy / Acceptable Use Policy).
Atypical support: Facilcloud.com charges a fee of $ 40 per hour or fraction for support and / or administrative work not included or clearly stated in terms of administrative policy. The support and / or administrative work that is not included or exposed in a key way in the administrative policies, will be executed according to the rules of Facilcloud.com and will be handled case by case. Customers will be informed of such changes in advance, and will be required to provide information to Facilcloud.com to proceed with the work.
Telephone support: Facilcloud.com provides telephone support to its clientele every day of the year. Customers with standard "Basic Administration" contract receive telephone support for restarts and emergencies ONLY. The telephone support provided to users are "Basic Managed" is considered "Abnormal Support" and will be charged at a rate of $ 20 an hour. The Sales, Administration Departments are available by telephone for all clients, during a normal office hours. Contact Facilcloud.com if you have any doubts that have not been clarified.