The following Terms on watch (Agreement) are applied to all the served by BirdDogEmail (we) for you (the client). When buying our services, accept these conditions on watch.
So that a Visitor becomes Client, an order through system of BirdDogEmail invoicing is due to send. During the presentation of the order, the visitor is responsible for the exactitude of all the proportionate information. The errors during the process of registry due to the inaccuracy of the information of the order can bring about delays or rejection of the activation of the service. It must be greater of 18 years at the time of realising his order.
All the orders will be scanned in search of fraudulent activity and could be retained for the verification process manual of the user. It can receive a warning of which its order has been rejected in case nonpass our process of Verification of fraud. In such cases, any order will not be accepted and any service will not activate until the problem is solved.
The Company does not have the obligation to provide any service that is not explicitly including in the order.
The visitor must fulfill all the requirements to send his order and to provide precise information during the registry process. In case problems arise during the process, the Visitor or the Client is responsible to inform to the Company. The company does not become person in charge of any problem caused by an order sent incorrectly nor by any problem that the visitor not yet has informed to the company.
Property of the account
The personal information that it has been sent during the inscription process will settle down and be available in the section âMy detailsâ of the area of clients of the Client. The individual or organization established in the section âMy detailsâ considers the proprietor of the account. It is obligation of the Client to make sure that the correct details in this section settle down.
If there is a dispute on the property, the account will be blocked until the parts in the dispute decide a resolution, or until the subject is solved judicially.
When realising an order, will be generated a budget. No service will activate until the payment of the order is sent, by virtue of which adds the specific service. The budgets will have a use of 24 hours, therefore the client will have to be kind to the modifications of the prices reflected in the webpage and to confirm the amount before realising the payment. The client is responsible for any tariff or additional tax that can apply its bank to him.
All the services provided by the company automatically form in invoicing appellant and it will emit a budget 5 days before the date of victory of the service, except the services that announce explicitly as âuniqueâ services.
In case the client explicitly does not cancel nor suspends any of the services settled down in accordance with the policy of âCancellation and reimbursementsâ, the corresponding tariff by the renovation of the service based on its tariff of the cycle of invoicing will be received to him to the client.
The Company is not responsible for any loss, including archives, e-mails, domains or lost gains as a result of the suspension or completion of the service.
Activation on watch
All the services immediately consider assets after sending the payment by the service. The activation of the service and the availability of the service can or not happen simultaneously. The services explicitly announced as âimmediate activationâ is available immediately after sending the payment for the service and only settle down as assets.
The services as Virtual Private Servers and Dedicated Servers, as well as additional services that require technical time to form themselves or to complete themselves, can have a prolonged time of activation more. The state of the order and the service does not imply any state of availability of the service. After the activation of the service, a confirmation will be sent in writing to the Client through system of ticket of support or a by email electronic warning.
The company is not responsible by delays in the activation of the service caused by incorrect or incomplete information provided by the Client. The company is responsible to provide as fast service as it is technically possible.
The use of resources
By definition, all the services of shared lodging do not provide dedicated resources of any type, as cycles of CPU, RAM or service of dedicated software. The client is responsible to maintain and to use his services adequately to guarantee the operation without problems of the lodging surroundings and the accounts of other clients located in the same surroundings. This requirement establishes certain limitations of use of resources and activities applied by the law, the Terms on watch of the Company or the following restrictions of use of resources.
Use of disc and traffic
The space in disc and the traffic provided by the Company as it leaves from any service is due to use to fulfill in order the service. This means that all the resources provided by the Company must be used with lodging aims so that certain data are available for the world through Internet. The Client recognizes that the services acquired by the Company are for lodging aims Web and not of storage. The storage of a great amount of digital images without compressing or complete size is prohibited either other archives multimedia, backup copies in line of its local computer or another resource in line. The company reserves the right to ask for the content elimination or to temporarily suspend the access to any resource in case of suspicion that the resources of the service are not used as were expected.
The Client understands that the terms âlimitlessâ and âmeasuredâ do not define by the experience acquired by the Company with clients located of similar forms or measures according to the industrial standards and the use of resources average of an account of hosting shared located in the same servant.
The use on the part of the Client of the resources of a service cannot exceed the one the clients with a similar location to affect the global yield of the lodging surroundings or to cause problems related to the service, delays in regular backup copies or great delay of ES.
The company uses the following definition of âInodeâ:
An inode is a structure of data in a file system used to maintain the information on a file or a folder. The amount of inodes indicates the amount of archives and folders that has an account.
Use of the service of mail
The clients of VPS and Dedicated Servant are not limited by any size and can use their resources of the best way whenever this does not jeopardize the yield of the global service.
The services of shared lodging provide up to 10 simultaneous connections IMAP/POP3.
The total amount of e-mail messages, sent by applications, scripts, webmail or e-mail clients, does not have to be of more than 200 e-mails per hour. Any message that exceeds this limit will be deferred and can or not be stored for a later delivery following the availability of the service. In the case, wished mail/activity of asked for mail or does not suspect this service of mail or service of lodging can be suspended temporarily.
The clients with VPS or services of dedicated lodging can ask for limits higher than they must manually be approved by a member of the Company after the Client provides a suitable justification.
Use of CPU and memory
The clients who use the service of shared lodging receive statistics updated detailed for their CPU and use of memory in the Control Panel of the service (cPanel). A client cannot have a constant use of resources of 80% per hour. The client is responsible to maintain his account and any installed software adequately to guarantee that all the installed software works in its optimal state and the resources of the account are sent and been available other users as rapidly as possible to guarantee the optimal yield of the surroundings of lodging for all clients who share the resource.
The clients of VPS and Dedicated Hosting can use the resources of their service when they consider it appropriate whenever its activity does not affect the yield or the availability of any other resource maintained by the Company and used by other clients.
MySQL and another policy of basic motors of data
The client is responsible to maintain his data bases of software the best thing than she can. All the software and the applications cannot use more of 10% of all the assigned resources to MySQL or other basic motors of data.
All the data bases that lodge in surroundings of shared lodging are in a unit SSD of high speed. Considering the engine efficiency of storage, all the executions of consultations of more than 1 second are considered slow. An application or data base of shared lodging cannot generate more of 1% of slow consultations for a certain day.
The clients of Dedicated VPS and Hosting can use the resources of their service when they consider it appropriate whenever its activity does not affect the yield or the availability of any other resource maintained by the Company and used by other clients.
Policy of technical support
BirdDogEmail provides gratuitous technical attendance as gratuitous service for all the additional services of lodging and services. The service of technical support is an additional service not including in the service from lodging when registering itself.
This means that the company will act in the best one of the circumstances to help in any technical subject or technician according to our loyal one not to know and to understand, whenever is possible without no type of guarantee or commitment, except by the services indicated explicitly in the characteristics of the services of lodging.
In case any technical problem arises or nontechnician who cannot be solved by the personnel of support of the company, the company is responsible to provide the greater possible amount of information on the problem, as well as a detailed report on the reasons by which it cannot attend. Although we have ourselves it jeopardize to solve all the technical problems that can experience a client, we can reject the service of technical support or to apply additional tariffs on watch in one of the following cases:
- A technical problem related to a product or software of a third party.
- A technical problem that requires an excessive amount of time.
- A technical problem that requires work of development or purification in depth and analysis of code.
- If the client has sent an excessive amount of requests of support for the cycle of previous invoicing of his service.
- Any technical case or nontechnician for who to provide attendance is not financier, physically feasible technique or for the company.
The Client recognizes that when soliciing technical attendance to our technical representatives, authorizes its intervention and operation in the account of lodging of the Client, in the Area of Client/Client or in any other related domain.
The company will do all the possible one to provide the technical support asked for within the framework of time waited for by the client and to obtain the results required by each particular request. The Company, nevertheless, does not have the obligation to complete the task asked for in a certain term nor to obtain any result or result in particular.
The Company reserves the right to reject the service of technical support.
Limitation of responsibility of the company
BirdDogEmail will not be responsible for a) any indirect, incidental, special or consecuencial damage, or by any loss of benefits or resulting loss of income of the use of products and services by the client or any third party or any fault of products and services, b) any loss of data or corruption of data, including the resulting loss of data of delays, erroneous breaches, deceits, interruptions of the service, breach of the Network BirdDogEmail, recovery of servers by BirdDogEmail, lack of servers, I resend of an operating system or another software in a servant or the negligence of BirdDogEmail. The client is the only person in charge to safeguard, to endorse and to file all the data of property, controlled or transmitted by the client who resides in the Network BirdDogEmail or any servant of BirdDogEmail used or operated by her. In no BirdDogEmail case agenda the responsibility by any claim under this agreement of exceeding the added amount phelp by the client to BirdDogEmail in the cycle invoicing immediately previous to this claim. BirdDogEmail provides all the products and services âTal Cualâ, âwithout guarantee of no class, or it express or implicitâ, and resigns to all the implied warranties, including, among others, the implied warranties of saleability or suitability for a certain intention.