CLAUSE 1 – PURPOSE: It is the provision of service by FACILLITE to the Contracting Party related to the hosting activities of the FACILLITE website on the Internet.
CLAUSE 2 – DESCRIPTION OF SERVICES: As an Internet service provider, FACILLITE has a computer that performs the functions of a dedicated server and is connected to the Internet. Sending information to the Internet and receiving it back will be done by the server connected to the TAL. The contracting party must connect using an Internet access provider and use the software recommended by FACILLITE to establish a website on the Internet.
CLAUSE 3 - USE OF THE SERVICE - GENERAL CONSIDERATIONS:
I. The contracting party, by this contract, has the right to a website on the Internet, being exclusively for its own use, not being able to use it from any other person or entity. The Contracting Party, however, may resell space to third parties, being responsible, however, for payment and compliance with the terms described in this contract.
II. Legal considerations: The service, now contracted, can only be used in matters permitted by law. Its use in matters that, in any way, contravene municipal, state and federal regulations and/or provisions is prohibited. Violation of any legal norm that results in judicial or administrative action, of any kind, whether civil, criminal, tax, or of any other kind, will be borne exclusively by the Contracting Party, which will also be jointly and severally liable for those in which FACILLITE is called, for an infringement committed by the Contracting Party or caused by them.
III. Cancellation of the contract: at the moment that FACILLITE becomes aware of the improper use of the services by the Contracting Party in terms of the rules set forth in sections I and II, described above, FACILLITE may immediately cancel the services provided to the Contracting Party, being responsible only for the reimbursement of the service fees not yet used.
CLAUSE 4 – GUARANTEE: FACILLITE is responsible for the hosting services of the website, its configuration on the Internet and registration of the domain name with the competent body. This guarantee does not include any activity that results from incorrect use of the site, and from operations that depend on the Internet itself, which may cause loss of data, network interruption, programs unusability, even if such occurrences cause damages and losses to the Contracting Party.
CLAUSE 5 – USE OF INFORMATION: The use of any data or information received from the Contracting Party for inclusion in the services provided by FACILLITE is the responsibility and risk of the Contracting Party, which assumes responsibility for the quality and accuracy of the information transmitted through its website.
CLAUSE 6 - DOMAIN NAME: If the domain name acquired by the Contracting Party through FACILLITE becomes a registered trademark in the name of another company, the Contracting Party will be responsible for any and all claims, losses, damages, indemnities or expenses incurred by or related to the misuse of the domain name.
§1.º – Domain name registration is subject to availability
§2.º – The fees for registering the domain name must be paid by the Contracting Party directly to the responsible institutions: FACILLITE, for national registries and FACILLITE for international registries. Failure to pay the domain name registration fee may result in the cancellation of said registration, without FACILLITE being liable for the fact.
CLAUSE 7 - SERVICE AND BILLING FEES:
I. Payment of contracted services and registration fee will be charged at least 1 month in advance. Upon renewal of the contract, pursuant to clause eight, payment for the new period will be made, also in advance.
II. Failure to pay for services, as described in the previous item, will give FACILLITE the right to unilaterally cancel this contract. In this case, the provisions of the third, fourth, fifth and sixth clauses will remain in effect, and/or FACILLITE may, at its sole discretion, discontinue or suspend services to the Contracting Party until the payment is made.
CLAUSE 8 – CONTRACT DURATION AND RENEWAL: The duration of this contract is stipulated according to the time chosen by the contracting party, and may be renewed for the same period or for a longer period. The renewal for the same period will take place automatically, unless one of the parties expresses, in writing, its non-agreement, within a period of at least 5 (five) days before the end, when then, within the predetermined period, it will be definitively extinguished. Renewal for a longer period will be subject to communication with the respective agreement of the other party. There will be no type of reimbursement by FACILLITE if the contract is canceled by the contracting party before the end of the contracted period.
CLAUSE 9 – SUPPORT FOR THE CONTRACTING PARTY: All support requests will be made via e-mail (email@example.com) or via ticket. FACILLITE will provide telephone support whenever necessary.
CLAUSE 10 - AMENDMENT TO THE CONTRACT TERMS: FACILLITE reserves the right to make changes to the contractual terms and conditions, in everything that concerns technical improvement and adaptations to new discoveries, notifying the Contracting Party, in writing, with a minimum period of 7 (seven days). The use of the services after the proposed changes will constitute acceptance by the Contracting Party. Changing monthly service fees, if necessary, will only take place upon renewal of the contract.
CLAUSE 11 – JURISDICTION: The jurisdiction of the city of SÃO PAULO-SP is hereby established, to resolve issues arising from the execution of this contract, waiving the parties to any other, however privileged it may be.
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