Terms of Use

SpeedWebdesigner services.

Shared hosting (websites and resellers)

01 – Our hosting servers are exclusively for hosting websites and using personal and/or professional emails. Therefore, you cannot use them for other purposes, such as:

• archiving and/or personal backup
• audio or video streaming services (examples: radio, web TV and live stream)
• email marketing
• CDN – Content delivery network

02 – There are some protections that help us in the mission of keeping the server stable, this stability depends directly on these protections, these systems can suspend your account without prior notice if it puts the server's operation at risk in any way.

• Sending bulk emails: our server automatically blocks the sending of more than 300 messages per hour, this limit allows you to send up to 5 emails per minute, thus avoiding the use for email marketing, providing an agile email service for those who use it correctly.
• Server resource usage: Shared hosting assumes that multiple sites share resources, so monitoring is necessary so that some sites are not harmed by the consumption of others. If any account consumes more than 10% of all server resources, it may be suspended.
• High number of hits: Accounts that require a lot of requests and consume server resources may become incompatible with the shared hosting system. In these cases, these customers will be notified and will first be asked to optimize or correct any possible errors. In the case of using the WordPress platform, the use of a cache plugin will be mandatory. This can be installed by a developer or by our support team (at no extra cost). In the rare cases where this optimization is not sufficient, we will ask the customer to migrate to a dedicated server, which can be requested through the following link: client.speedwebdesigner.com.
• firewall: Our servers have powerful firewalls, they can mistakenly block the IP of the user who edits the website, making the website inaccessible to that user, our support releases it within moments after request via support ticket.

All measures are extremely necessary so that customers who use the server correctly remain stable and fast.

03 – Illegal sites:  the use of our hosting for illegal websites or websites that violate any law, i.e. racism, piracy, copyright violations and the like, will never be welcome on our servers.

04 – Backups and security copies: We make weekly local and remote copies of all accounts with less than 5GB of occupied space. These copies are ultra-compressed and are used for restoration in case of natural disasters, hard drive failures and other problems that every server is subject to. However, backup is the responsibility of the customers. Always keep a copy of your files regardless of the size of the account, but especially if it is larger than 5GB.

05 – Financial: Our system works on a prepaid basis and if a charge remains overdue for more than 5 days your website will be suspended. After 20 days from the due date your account will be deleted from the system. Confirmations are required according to the instructions on the billing form. The accepted payment method may vary depending on the amount of the charge. Invoices are issued and totaled only once a year and on dates previously configured in our system.

06 – Cancellation and termination of accounts: The customer can cancel their account at any time, however there is no refund policy for these cases, cancellation must be requested in the management panel, any account suspended for more than 10 days can be terminated permanently.

07- Malicious files and backdoors: CMS applications (WordPress, for example) have thousands of plugins and themes. These files can be created by any user and distributed on the web, without any verification. The providers of these applications themselves warn that you should use third-party plugins and themes at your own risk. It is important to know that when you install a plugin or theme containing malicious code, you give permission for this file to access other files, putting your entire hosting at risk. If this occurs, antivirus programs may issue warnings. We are not responsible for backdoors, vulnerabilities, or malicious codes included by CMS, themes, or plugins. You should be aware that these events have nothing to do with the technical or security aspects of the hosting server.

08- File migrations: All file migrations are the responsibility of the customers or their developers.

09- To fully use the hosting, it is necessary to have a domain registration that points to our server, this is not our function and/or responsibility.

10- Any and all configuration of programs, mobile devices, computers or networks necessary to connect to the services is not our responsibility.

11- Maildir management (internal server application) automatically cleans up copies of emails in trash, spam boxes, and sent items that have been sitting for more than 3 months in webmail. You can also be asked to do this manually in case of accumulation.

12- The webmail service should not be used to archive emails. Some applications such as Outlook and mobile phones may delete messages contained in the webmail when trying to synchronize. Always keep a backup of your emails. We are not responsible and do not have access to your emails.

13- The use of some commands and functions of the available languages is blocked. We strictly follow the security guidelines of cPanel, Mysql, ngnix, Apache, PHP and others. If they request the blocking of a function to maintain security, this blocking will be done, regardless of whether this may cause errors in a given system. The client or their developer is responsible for adapting to such a change.

14- Computers with access to the server panels need to be secure, some clients with misconfigured or unprotected equipment may end up blocked by the server, especially when they continually try to log in with invalid access data.

15- We reserve the right to exclude or deactivate clients who put the server at risk, whether due to technical problems or bad faith.

16- Service prices may be subject to adjustments whenever necessary to adapt to the market and quotations.

17- Changes to the server's internal application settings, such as: PHP, MySQL, Apache, Exim, etc. settings, are not permitted.

18- Any and all attempts to circumvent the rules and limitations of the plans violate the terms of use.

Domains

01 – The registrations we make are in the client's name, the account data must be real, and the authenticity of this data is the client's responsibility, the domains must have at least 3 characters before the ending (TDL).

02 – The minimum registration is 1 year and works on a prepaid basis, the customer is responsible for requesting renewal before the expiration date, otherwise the domain may become inaccessible.

03 – 20 days after expiration, in addition to being offline, the domain enters a lengthy release cycle, during which time it cannot be renewed and after this period it is released to another registrant.

04 – The domain terms of use extend to the rights of Icann registrants (the body that regulates most international domains) see: http://www.icann.org/en/resources/registrars/registrant-rights
* this value varies depending on the system used, it is not possible to quantify it in general, in case of doubt, use support.

** Register dozens of extensions (TDL) through the address domains.speedwebdesigner.com

Dedicated Servers

01 – It is prohibited to host on our dedicated servers managed by our team or not, illegal content or content that infringes third party copyrights, with the customer being exclusively responsible for making their content available.

02 – Our servers can be located in various regions of the globe, being configured according to the client’s needs.

Websites

Website Hosting and Security Services Agreement

By this contractual instrument, THE CONTRACTING PARTY is HIRING the services described in clause 01 (first) of this document for the period described in the service, to be taken from the PROVIDER, LITORAL COMERCIO DE PRODUTOS DE PESCA E INFORMÁTICA LTDA, CNPJ: 08.971.193/0001-30 – Rua Pastor José Alves de Oliveira, 710, Lote cidade Formosa, Camalaú, Cabedelo – PB; under the terms and conditions that follow:

Clause One – The contracting of the company in this present document, referred to as provider, aims at the maintenance and security of the website ______________, which is the responsibility of the eminent CONTRACTOR in this present document, in order to: Provide hosting for the website ________________, promote the security of its data, provide access passwords to the system for updating, by professionals AUTHORIZED by the CONTRACTOR in writing, maintain the contracted service with 24-hour online support (by e-mail), as well as by telephone and in person when necessary, at the headquarters of the Contractor or, by its representatives.

Clause Two – For the services specified in Clause One of this contract, the CONTRACTING PARTY will pay the CONTRACTED PARTY the amount described in the plan during the contracted period, with payment intervals being the first payment upon signing the contract and subsequently every 30 days, with no retention of payment for a period exceeding 5 days from the scheduled dates, from the Contracting Party to the Contractor.

Clause Three – The following shall be considered BREACH OF CONTRACT: Failure to comply with the provisions of Clause One, of any of the services contracted for a period exceeding 5 calendar days from the communication of the request, order or telephone contact (proven by SMS or call record), by the Contractor; the Contractor shall not be entitled to receive payment for the period not provided, stipulating as a “contractual penalty” 30 days without remuneration for the services of the contractual month in which the breach provided for in this clause occurs, with the Contractor being obliged to issue a receipt for payment normally, except if its repeated failure to provide the services is not proven; and; the Contracting Party may, at its discretion, state that it does not intend to continue with this contract, for this purpose; regardless of failure to comply with the provisions of this Clause Three, PAY, as contract termination, the amount corresponding to a period of 60 days, to the Contractor. In any situation provided for in this third clause, the Contracting Party must, within 72 hours, communicate in writing, proving the Contractor's non-compliance; that it has DECIDED to terminate this contract irrevocably.

Clause Four – The Contractor Provider shall have the right to terminate this contract when: More than 10 days have passed since the day stipulated for payment of services (observing the terms contained and agreed upon in this contract), having the RIGHT to monetary compensation in the amount of 60 (sixty) days stipulated as the contractual value in clause Two, to be paid within a maximum period of 10 (ten) calendar days from the WRITTEN COMMUNICATION to the Contracting Party, informing that it does not intend to continue providing the services for the reasons mentioned in this clause and, the Contracting Party undertakes to comply with the term stipulated in this clause, under penalty of incurring a daily fine of 1% (one percent) of the total amount to be paid (relating to 60 days), as well as both parties shall be entitled to TERMINATE by mutual agreement (in writing), at any time during the contractual period, in which case, it is only up to the parties to mutually fulfill their parts related to this contract, by period relating to the 30 (thirty remaining days), defined in agreement.
Clause Five – All content on the website will be the RESPONSIBILITY of the CONTRACTING PARTY or its agents; the CONTRACTED PARTY will be solely responsible for what is set forth in the first clause, and the responsibility for collecting ISS and INSS is the responsibility of the Contractor before the agency or agencies responsible for these fees; it is clear that there is no individual employment relationship under this contract, but only what is set forth in the contract itself, which may be terminated under the conditions already set forth or renewed AUTOMATICALLY at the end of the contractual term for the same period.

Clause Six – The monthly backup data of the website database will be forwarded by the Contractor to the Contracting Party when requested at any time.

Clause Seven – Any cases not covered by this contract will be treated in accordance with the legislation applicable to “contracting” website hosting services; it is stated that the Contractor has not exercised the right to charge (and will not exercise it at any time) for the “design” of the website; this being the property of the Contracting Party and, the parties being contained in this contract, defining to resolve doubts and settlements, the Forum of the City of Cabedelo, PB.
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