Terms of Services ParaguayServers
Term of services (TOS) applies to all PARAGUAYSERVERS clients for Virtual Private Servers and Dedicated Servers.
This TOS applies automatically to all (PARAGUAYSERVERS) clients upon subscription to the Services including subscription through a third party or any commercial partner. BY USING PARAGUAYSERVERS’S SERVICES OR SIGNING A CONTRACT YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on PARAGUAYSERVERS’s website client area or the ” service order ” document. In this document.
PARAGUAYSERVERS, agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of PARAGUAYSERVERS services constitutes acceptance and agreement to these Terms Of Service and all attachments. PARAGUAYSERVERS will make all reasonable efforts to provide a quality service to the Customer.
PARAGUAYSERVERS will use the customer’s personal information only as reasonably necessary to provide contracted services. We will not disclose such information to any third party.
Our company protects customer information and any information stored or transmitted that may be personally identifiable.
The above statement applies to: names, addresses, phone numbers, email addresses, credit card information, social security numbers and similar information except for the initial email address we request from you at the time of set up. This email address is the only thing we will ever ask you for. This email address may be anonymous email or web based email for your privacy and security.
PARAGUAYSERVERS will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy.
Any IP Addresses allocated to the Customer by PARAGUAYSERVERS must be maintained by the Customer in an efficient manner as deemed by ARIN. PARAGUAYSERVERS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by PARAGUAYSERVERS, and PARAGUAYSERVERS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Upon request by the Customer, PARAGUAYSERVERS may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of 33 US$ for those other services.
Rights on equipment
PARAGUAYSERVERS is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.
If, in the determination of PARAGUAYSERVERS, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of PARAGUAYSERVERS or any other user of the Premises, or poses an immediate threat to the safety of any person, then PARAGUAYSERVERS may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practical after performing such work, PARAGUAYSERVERS will advise, by email, the Customer of the work performed or the action taken.
Under no circumstances will PARAGUAYSERVERS be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default: of any of its obligations under this Agreement, then PARAGUAYSERVERS may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to PARAGUAYSERVERS, exercise all the rights and remedies of a secured party under applicable law.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to PARAGUAYSERVERS before commencement of the Term. All other invoices must be paid by the Customer within 5 days from the date of PARAGUAYSERVERS’s invoices, which invoices will be issued 14 days before the end of the last paid period.
The Customer will pay PARAGUAYSERVERS the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by PARAGUAYSERVERS under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to PARAGUAYSERVERS before commencement of the Term, all amounts will be payable in American dollars within 15 days from the date of PARAGUAYSERVERS’s invoices, which invoices will be issued 14 days before the end of the last paid period. Service interrupted for nonpayment is subject to a US$ 33 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (3%) per month compounded monthly.
Automatic debits by credit card:
In the case of payments by credit card, PARAGUAYSERVERS will use the informations in its possession or third party payment processors to make a payment at the invoice date. The customer will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the customer wants to disable the automatic debit, he only needs to contact the customer service to firstname.lastname@example.org . By submitting an initial payment, the customer confirms that he has read and accepts the conditions related to the automatic debit. In addition, the customer allows PARAGUAYSERVERS to withdraw the amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the PARAGUAYSERVERS services. This authorization will be valid until an authorized person on the account ask to suspend the automatic debit.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a US$33 reconnect charge. Accounts that are not collectible by PARAGUAYSERVERS may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Term and termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing. Cancellation requests must be made writing to email@example.com with at least 48 hours notice .
Service downgrades and upgrades
Service downgrades (for instance, when changing to a vps or hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 15 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at PARAGUAYSERVERS.
The billing errors can be credited retroactively for a period of up to two (2) months.
Upon account activation, PARAGUAYSERVERS reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.
The Customer has 15 days following the account’s activation date to resiliate his subscription with complete reimbursement of the monthly fees paid. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
PARAGUAYSERVERS will provide yearly availability of 99.8% transit to the Internet and electrical power to all the customers who have purchased said service from PARAGUAYSERVERS.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT PARAGUAYSERVERS PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. PARAGUAYSERVERS WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF PARAGUAYSERVERS’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO PARAGUAYSERVERS UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL PARAGUAYSERVERS BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by PARAGUAYSERVERS to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless PARAGUAYSERVERS, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by PARAGUAYSERVERS under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Content & Activities – Aceptable use policy (AUP)
ParaguayServers will only comply with the local paraguayan laws (Not US Laws). We allow ANY type of content except:
Botnets & DDosing
Anything else that can result in SpamHause listing
The customer is solely responsible for the content stored on and served by his servers.
As long as you do respect this Aceptable use policy, we don’t really have a Suspend Button to press !
Changes and rights
ParaguayServers hereby reserves the right to amend, alter, modify, replace or suspend these terms & conditions, from time to time, in its sole discretion. All such changes to these terms & conditions will be effective when posted on paraguayservers.com website.
Complaints or TOS & AUP violations must be reported to abuse@PARAGUAYSERVERS.com, by fax (595-21-2381711) or by mail at : PARAGUAYSERVERS, Mariscal Lopez 3794. 4th Floor. Asuncion – PAraguay
Last update: 2020/03/13