Conditions and Terms

CONTRACT ON WATCH FOR SHARED PLANS HOSTING

The present instrument has as an aim regular the terms and conditions of the service of hosting shared that DCH COMMUNICATIONS COMPANY LIMITED, in future DCH Ltda., lends the CLIENT. Whenever in these terms and conditions reference to the ‘CLIENT’ becomes is understood by so any natural or legal person, grouping without legal personality, or representative in any form of the same, that uses the services and/or information provided by DCH Ltda. The hiring of the services offered in the website http://www.dch.cl and/or http://www.dch.cl/hosting-linux.php http://www.dch.cl/hosting-windows.php, and the acquisition of anyone of products in commercialized them, is in line or via actual hirings in the commercial offices of DCH Ltda., it is conditional to the complete acceptance of the terms and conditions that are expressed next and without right to modification of clauses. The access to the site, in direct or indirect form, its use, hiring of services and/or unloading of information contained in him supposes that the CLIENT accepts the present terms and conditions in all parts. Who will not accept the present terms and conditions, she will have to abstain to accede to this site, or directly or indirectly, and to use any information or provided service by the same.

SERVICES

DCH Ltda. will lend the CLIENT, who it accepts for himself, a service of hosting and Mail, according to the conditions that are detailed in the plan that it contracted, and that by this one act, occurs by well-known and accepted by the contracting parts.

DURATION OF THE CONTRACT

The duration of the present contract will be of 1 year to tell of the date in that the service was activated. In any case, the contract can be solved early by the causal ones indicated in the paragraph “causal of I finish advance” of this instrument.

LIMITATIONS OF RESPONSIBILITY

DCH Ltda., does not become person in charge before the following events:


a) Connectivity to intermittent Internet of the CLIENT.

b) You cut of Suministro Electrical caused by external third parties to DCH Ltda.

c) Any phenomenon of the nature that it prevents to give an optimal or complete service.

d) Fire in our dependencies where our responsibility is excluded absolutely.

e) You cut of National or International connections provided by companies suppliers of Internet.

f) Robberies to our facilities.

g) Critical degradation or faults in the network, equipment and servers.

h) DCH Ltda. maintains a system of daily endorsements and monthly of all the information lodged by the CLIENT in our servers, nevertheless the CLIENT is forced to maintain in his power copies/endorsements of his archives in cases that the means of endorsement are degraded or in acts of God or of greater force or anyone of previously indicated.


Case the client asks for restoration of account or endorsement of its archives by problems originated by the same or third parties, evil use, suspensions, terms of contract and in all the other cases that do not correspond to the natural support of the service, will be acquired the value of 2 UF + IVA.


In verified case that the error corresponds to DCH Ltda., the restoration or backup of the account and/or archives they will be recovered free of charge to correspond to the natural support of the service.


DCH Ltda. will not be responsible in case some by the damages or damages that can experience the CLIENT, or third parties direct or consequently indirect for the use and operation of their technological infrastructure or its programs, or by any other fact or cause related to the service that renders.

PREVENTION

The servers are tools for the data processing that by their nature is subject to faults; or in its own operation or its programs. Therefore, the CLIENT will have to take the preventive measures, usual in the computation activity and to worry to have the comfort and necessary endorsements to the execution about his processes. All work of lack ferocity is excluded on the contrary from the obligations of DCH Ltda. that is not derived from the normal and ordinary use of its equipment, and, are imputable to fault or dolo of the CLIENT, accidents, faults of electrical energy, degradation of magnetic means, improper use of the equipment and, generally, by any act of God or forces major specifically, having presents the predicted thing in the preceding paragraphs. Consequently, all work, whatever its nature, that must be realised in reason or on the occasion of the facts or indicated causes in the previous paragraphs, will be matter of budget and collection to part of the value contracted by the service, being the CLIENT the person in charge by this payment.


Occupation of quota and comfort: The client is forced to stay within the contracted quota of space. In case the client exceeds the contracted quota will be able to ask for an only time the temporary increase of his quota in order to drain the archives and/or surpluses, she is post office or another content. This request must be sent by email electronic to [email protected] which will serve as endorsement on the request, the increase of this quota is temporary, that is to say by a maximum of 6 hours., time which the client will have to lower or to eliminate the surplus to return to its contracted quota. In one second occasion of quota saturation, the client will have to cancel to DCH Ltda. the value of 1UF + IVA. Which is clear in this instrument that is by temporary increase of quota, not by hiring of greater space. In one third occasion of occupation/space saturation/quota the client will have to realise upgrade of plan to which it grants the necessary space for the execution of all the processes and correct operation of the service.

UP TRICKS OUT OF OR TIME OF ACTIVITY

DCH Ltda. is commited to serve with 99,91% of Up-trick out of on the total of the contracted period. That is to say, in the sum of 365 days complete. Before any event different from detailed in the paragraph “the Limitations of Responsibility”, an optimal and stable service will be due to provide, and in the smaller possible time and within the policy of the best effort, to give to solution to the misfortunes or problems that are of our responsibility.

SUPPORT

DCH Ltda. is committed to lend telephone support in Phono 2244 3030 to services that contemplate telephone attention, For all the plans of hosting we only counted on attention via e-mail or form of contact in our website, the attention schedule is of Monday through Friday of 8:30 to 19:30 hours. outside the attention schedules phono 9100 00 80 exists in emergency. That it only takes care of real emergency.

OBLIGATIONS OF THE CLIENT

The CLIENT who contract a service of hosting y/o Mail de DCH Ltda. with access to our Data network of payment, is commited to completely respect the conditions of this contract and not to harm in case some the prohibitions that more ahead are detailed, in case of disobedience, by the acceptance of this instrument are authorized to DCH Ltda. to put term immediate to the service of hosting, and it exonerates itself of the obligation to maintain endorsements of the data provided by the CLIENT for this service.


The CLIENT commits himself to maintain properly formed, optimized and mainly updated its applications and/or any software that uses, avoiding you hang or saturation of servers and that attempts with the yield of the machine or any item that tries to harm the security of the servers and the network of DCH Ltda. The CLIENT is in the obligation and is under his responsibility to maintain his domain aiming dns towards the servers DCH Ltda., when maintaining services of: hosting shared, servant VPS or dedicated, effective Servant within the servers and of the network of DCH Ltda.


Fulfilling of the informed thing he is not “causal of elimination without previous warning of the associated sites to domain or subdomains” This measurement is to protect the security of all our clients, since not to point dns it implies vulnerability to our security.


The CLIENT is forced to maintain free of virus his computer network, scripts, sites and any file lodged in the servers who can generate Spam or any attempt of distribution of malicious software MALWARE or attacks to the network and servers. Case this succeeds the client understands and authorizes to DCH Ltda. to suspend immediately and without previous warning, the site or account of user who generates problems to the servant and/or third parties, in addition the client will have to cancel to DCH Ltda. the amount of 1UF + V.A.T., if it is the First suspension. In case of one second occasion the client will have to cancel the amount of 6UF + V.A.T. by concept of caused generated damages and has supported extra. It is clear that if is an infection or generated major problems the client authorize to DCH Ltda. to give term immediate to its contract, without right some to later reclamations.


The CLIENT this forced to inform to DCH Ltda. on any change; or, trade name, telephones, email, etc. DCH Ltda. person in charge by the nonwarning from the CLIENT will not become in case the reminders or communications are sent to directions of obsolete e-mail.

PROHIBITIONS

DCH Ltda., will not have responsibility some before the Law by the content or the information that the CLIENT raises or makes reside in his servers since each client is responsible for his information or are data archives, images videos or publications in summary of all the content that maintains and that it raises his space. The verification of anyone of the practices that next are mentioned, will authorize to DCH Ltda. to give advance term of the contract or to suspend in immediate form the service, without previous warning, generating no type of indemnification in favor of the CLIENT. And without the obligation for DCH Ltda. to maintain stored the data provided by the CLIENT. The reestablishment of the service is to criterion and decision of DCH Ltda.


It is absolutely prohibited the CLIENT:


• To provide or to raise information that attempts against the effective law in Chile; or that attempts against the moral and moral convention; or that harms third people; or that affects to other CLIENTS lodged in a same servant or to the optimal performance of the same.


• The incorporation of content prohibited in its servers, for these effects, is understood by prohibited content the following:


• Gamer contents: sites of games, forums, games in line and everything what includes the thematic one, without exceptions.


• Pirate content (Unloadings of films, videos, music and software)


• Audio and video without rights of author or another any nature that attempts or harms to our legislation.


• Adult or pornographic content.


• With respect to the limits of CPU use, this it is detailed in the listing of plans. In hosting shared, in case of excessive use or that attempts against the normal operation of the service will immediately be suspended and without warning some, at the moment one will indicate the problem and its solution to him.


• Abusive language, offenses and/or threats towards the personnel of DCH Ltda. In the case that this happens is by direct means or indirect, verbal, written or by technological means (social networks) term “immediate” to the contract will be put, without rights to reclamations on the part of the CLIENT. The personnel of DCH Ltda. gives and must receive a worthy treatment, with respect and cordiality at any moment.


The massive shipment e-mail from our servers. The authorized maximum is of 200 post office per hour, with a daily maximum top of 600 post office and a maximum monthly total of 5,000 post office. As long as these are real post office of communication of the CLIENT.


(The shipment of post office is limitless as long as it is used well mannered by the CLIENT, that is to say in his normal daily operations, they do not allow mails massive of any type or Spam or NewsLetter.) In case the client is surprised sending Spam anyone were the reason or voluntary act immediately is suspended and must pay a fine of 4 UF + IVA to DCH Ltda. and the service once cancelled this fine would be qualified again, in addition, to make us fall in some black list of payment it will have to cancel what the list of Spam receives, the only exception will be in the case of having one or but computers infected with virus that accedes to shipment of massive post office, the CLIENT to commit itself to solve the problem in immediate form under its cost and its technicians of computer support, in case of recidivism I finish of contract will be immediate and without previous warning.

RENOVATION

The CLIENT will receive from DCH Ltda. three warnings of collection via e-mail on the victory with the value to cancel according to his contracted plan and in present use in addition to instructions for payment, this with ten days of anticipation to the victory. This warning is repeated to the fifth day and is sent in addition a last warning a day before its victory having added two days but of term for its payment. Once phelp and informed in agreement the instructions that are included, the contract will be renewed automatically by an equal period to 1 year or according to the time that stipulates its contract on the basis of the same terms and clauses of this document. In case the CLIENT does not pay opportunely, that is to say, until the 12:00 hours (noon) of I complete day of use of its contract, the service will be disconnected and passed 5 days in excess the stored data they will be eliminated.


For the replacement of the service in these cases, the CLIENT will have to pay the value by the service, in addition to the position of replacement by an amount $ 10,000, (Ten thousand pesos).


If the intention of the CLIENT is not to renew its service, it arranges until the day of victory to recover all their information and as it is understood that the CLIENT must maintain a complete endorsement. Subsequent to it, the recovery or temporary qualification from access to archives is subject to technical feasibility and for it the CLIENT will have to pay the sum of $ 20,000 (twenty thousand pesos), by concept of corresponding technical extra services, and I complete term to recover this information are maximum 10 days in excess mentioned precedingly, after the victory of the term of renovation.

RIGHT TO WITHDRAWAL, GUARANTEES AND/OR REIMBURSEMENTS

In case of withdrawal or dropping of the claim of the service, the CLIENT will be able to ask for the cancellation and corresponding reimbursement of the amount phelp in a maximum term of 10 days of his purchase. According to the article 3º twice of the law Number. 19.496 of protection of the consumers.


Guarantees: The right to guarantee of the CLIENT will be applied in case DCH Ltda. does not fulfill the UP-TIME (Established in the clause quarter of this instrument.)


There will be right to return nor no reimbursement in the following cases:


• Problems, faults or deficiencies of programming imputable to the CLIENT.


• Facilities of software or accessories considered uncertain for the system.


• Blockades of IP by Firewall


• In case of infraction to anyone of the prohibitions established in this contract.

JURISDICTION

Any difficulty or controversy that takes place between the contractors with respect to the application, interpretation, duration, validity or execution of this contract or any other reason will be put under arbitration, according to the Procedural Regulation of Arbitration of the Center of Arbitration and Mediation of Santiago, effective at the time of asking for it.


The parts confer to be able special irrevocable to the Chamber of Commerce of Santiago A.G., so that, to request written of anyone of them, it designates to a referee between the members of the by arbitration body of the Center of Arbitration and Mediation of Santiago.


Against the resolutions of the arbitrador some will not come resource, resigning the parts specifically to them. The referee is especially authorized to solve all subject related to his competition and/or jurisdiction.


Everything and any cost derived from arbitration will be phelp integrally by the client.


In representation of DCH COMMUNICATIONS COMPANY LIMITED.


Carlos Antonio Pérez Martínez.

Gerente General.