Virtual Servers

Virtual Servers

General Conditions for Provision of Service For Virtual Servers

General Conditions for Provision of Service For Virtual Servers

to proceed to payment the customer declares that it is in accordance with the present General Conditions. Please Contact us for Special Conditions.

Upon this document sets out the General Conditions of the contractual relationship that has as its object the provision of the service of virtual server per part of company IBERWEB, LDA. (IBERWEB Next) with Tax Identification Number 508247098, and headquarters in the Street of the Passal, 13, 4700-076 Braga, natural persons and/or legal persons (Customer next) to manifest their desire to hire service virtual server .



1.1. The present General Conditions of service provision of virtual server expose with permanent character in the following websites: IBERWEB The Customer can then archive them digitally, print them, and soon, be informed in advance of all the conditions with which it will carry out the provision of the service of virtual server.

1.2. The terms contained in Special Conditions, if any, shall take precedence over the provisions of the present General Conditions, and on both, prevail any additional stipulations written specifically agreed between the Customer and the IBERWEB.

1.3. The present General Conditions formalize the contract of service of virtual server between the IBERWEB and the Customer who declares to be greater age, have sufficient capacity to hire and have read, understood and accepted the present General Conditions.

1.4. The Customer will be notified via e-mail, a month in advance, of any changes to these General Conditions. On the other hand, these changes will be exposed in an easily accessible location in the following websites: IBERWEB All the documentation indicated above may be printed and filed by the Customer, who may request it at any time via e-mail or by phone.



2.1. By this contract, the IBERWEB undertakes to rent the Customer a virtual server in exchange for a certain remuneration depending on the Particular Circumstances.

2.2. The service includes the installation and connectivity of the virtual server to the worldwide network of Internet and other ancillary services that are explained in these General Conditions as a function of modality and the plan referred to in Special Conditions.

2.3. The virtual server in any case is always owned by IBERWEB. Tells you if the Customer who may not physical access to virtual server.

2.4. The IBERWEB furthermore informs the Customer that reserves the right to change at any time the virtual server assigned to IBERWEB, always with a notice and always by hardware that meets the same, or higher than, characteristics that the initially assigned.



3.1. The Customer, by means of Special Conditions, choose the modality, the plan and the characteristics of the virtual server that actually want to hire and the period of time over which the hires and prompt this service of virtual server to IBERWEB. This request, kingdom the present General Conditions, formalize the contract between IBERWEB and the Customer, always and when there is availability of service.

3.2. Pre-installed Programs and safety: the initial Software will be installed by IBERWEB, but this should be configured by the Customer. This means that once delivered the virtual server to the client, the IBERWEB does not perform any type of setup or software update, do not administer the server, nor pained to even without the express consent on the part of the Customer, which should deliver the passwords to facilitate access and concrete action to perform in case of need.

3.3. The Customer assumes the configuration of the pre-installed software as well as to their future management in everything that relates to the required updates.

3.4. The IBERWEB in no event shall be responsible for the errors, slowness, of security errors or any other type of incidence derived from does not update the pre-installed programs or any other program that the Customer decide to install.

3.5. IBERWEB will not responsible for global problems in Internet network. The Customer is solely responsible for the security of the virtual server .

3.6. Technical Support and monitoring: The technical support provided by IBERWEB, always by email, is limited to the following issues: hardware and connectivity. The Customer may obtain free support for everything that reaches the these issues, and within these issues.

3.7. If the incidence is attributable directly to the Customer, the action of the IBERWEB may assume an additional cost through the service of technical intervention.

3.8. The Client claims to have sufficient knowledge to administer the virtual server already that the IBERWEB does not provide, at any moment, support the administration of the virtual server or the use or installation of programs, hosting of websites or other services installed on virtual server .

3.9. IBERWEB, in this way, letting the virtual server to which the Client manage fully without the need of assistance on the part of the IBERWEB.

3.10. The monitoring that takes place to virtual servers is basic, limiting themselves to IBERWEB to sending an e-mail to the Customer in the case that your server ceases to be available for any cause.



4.1. IBERWEB, in relation to the provision of service of virtual server, provides various additional services that include a additional cost:

4.2. Copies of security or Backups: The service consists in the execution of a full backup every week and daily incremental information desired by the Client. These copies will be available as maximum during 1 month. In This way, the Customer can request the restoration of free copies of the day or days you want to restore the information up to a maximum of 1 month old. It is understood as incremental copies the performed solely to files that change after the last copy of security and by complete copies, those which include a copy of all files requested by the Customer. The setting takes place in function of modality actually hired:

4.3. Traffic additional: When the Customer exceeds the monthly transfer contracted in virtue of the requested plan, the packets of charge-transfer if at the end of the month in accordance with the Special Conditions agreed upon with the Customer.

4.4. Licenses of Panel of Directors: It will be up to the Customer to the payment of the value of the licenses of the administration console and/or the various software applications necessary to the operation of the virtual server. The licenses may be supplied by IBERWEB in accordance with the Special Conditions agreed upon with the Customer.

4.5. Fire-Rated or firewall: The Customer can use the additional service of firewall of IBERWEB. The conditions and characteristics shall be agreed upon in the Special Conditions.

4.6. Copies of security or backups: The IBERWEB expressly informs the Customer that, except in the case of that employ specifically as additional services, clearly defined in the Special Conditions, the service of virtual server in any case includes copies of safety or backups, thus being the Customer, if not request this service, the only one responsible for loss of data or any program hosted on the server .

4.7. Availability: The Client will confirm the request and must wait for the confirmation of IBERWEB about the availability of the service and its configuration. The Customer should always refer to the availability of the virtual server that actually want to hire already that problems may exist for stock that prevent their immediate availability.

4.8. Resources System, storage capacity and technical and legal restrictions: Within the limits of the storage capacity of each modality and plan, the number of websites and domain names that may accommodate is unlimited. The Customer says knowing perfectly these limits and their needs.

4.9. There are also certain technical and legal restrictions that are specified in these General Conditions. Prohibits the carrying out of any type of illegal activity on the virtual server. Also if expressly prohibits the carrying out of any type of activity that involves an abuse of resources made available by the Customer IBERWEB or which endangers the integrity of the systems and networks of IBERWEB.

4.10. With special character prohibits the use of the virtual server for the following activities: The virtual server may not be the source, intermediary, or destination address involved in the transmission of 'Spam' or 'bombs' by e-mail and the domain/site and/or the Customer's email account may not be referred to as origin, intermediate, or being involved in indicated above. The IBERWEB considers 'Spam' the entire e-mail (UCE) commercial not requested (UBE) in average of newsgroups, faxes, and e-mail.

4.11. If the virtual server is involved in the activities of 'Spam', the IBERWEB reserves the right to immediately and without notice, suspend the service of virtual server. The IBERWEB reserves the right to refuse or cancel accounts the 'spammers' known as well as to determine who violates this policy.

4.12. Pornography, paedophilia, related websites related websites with pornography, paedophilia, websites of trade related to sex and with related products with sex, websites 'for adults only', websites with areas designed for adults only and websites with images of nude full or partial, are prohibited on the virtual server and on all servers in the IBERWEB. It is not permitted even the hosting websites that point to this type of websites (pointers and directories) .

4.13. Also, are prohibited on the virtual server, websites or content that promote illegal activities, xenophobia, racism, piracy, software distribution, illegal file sharing systems, systems for sharing illegal copies of video and/or audio or that may be harmful to the IBERWEB servers or any other server on the Internet. Connections to such materials are also prohibited as well as the websites that point to this type of websites (pointers and directories). In addition, it is also not allowed the lodging of websites that promote crack, hacker, phishing or software for sending e-mail by massive Internet. Connections to such materials are also prohibited as well as the websites that point to this type of websites (pointers and directories) .

4.14. They are not allowed in virtual server programs or scripts such as: starx, X windows, bnc, IRC and IRC bots, eggdrop, cgi YaBB, Bitch and BitchX, as well as any type of programs or scripts that might try to take over the root of servers or that may create problems for ourselves.

4.15. It is not allowed in virtual server hosting websites intended for the distribution of free software, hosting of pages free systems, free e-mail, blogs (weblogs) free or the other that can impair the proper functioning of the servers. If the Customer wishes to provide this type of service should establish Specific Conditions for the purpose.

4.16. Management of IP's: With the virtual server includes 1 IP pre-configured. If the Client requires more IP's should asks them to IBERWEB upon an additional payment or in accordance with the Special Conditions. The IBERWEB reserves the right to accept or refuse the requests of more IP's if you consider that your need is not adequately justified. The IBERWEB, upon notice by e-mail sent to the Customer, may modify the IP addresses assigned to the Customer.

4.17. Computer Programs and safety: The IBERWEB undertakes to install the software or computer programs according to the plan actually hired in Special Conditions.

4.18. In the event of attacks on the network or security incidents, the IBERWEB reserves the right to perform as many actions it deems necessary to stop or reduce the impact of the attacks and mitigate their consequences. For this reason, the IBERWEB reserves the right to allow or deny access to certain types of networks, IP addresses or specific services on a temporary or permanent to virtual server from the Client. The IBERWEB always inform the Customer of any change in firewall that can affect the Customer access to virtual server.

4.19. Connectivity: The IBERWEB offers a flexible network that lets you increase the bandwidth of form unlimited in extent that the requirements so require. In any case, it is faculty of IBERWEB limit or not the bandwidth without that this limitation can be assumed in any case a drop in speed that the Client needs for the proper functioning of the services.



5.1. Provision of services: The IBERWEB undertakes, upon the formalization of this contract, to provide the following services:

5.2. Installation and connection: The installation of the virtual server in the data center used by IBERWEB and your connection to the Internet network.

5.3. Hardware: Manage materially the virtual server in everything that relates to the hardware. The IBERWEB will replace all faulty hardware elements as soon as possible and without charge this Customer service.

5.4. Computer Programs or software: The IBERWEB undertakes to install the software or computer programs basic in virtue of the plan actually requested by the Customer and in accordance with the Special Conditions laid down with the Customer.

5.5. The IBERWEB not to administer, in any case, the programs installed on virtual server by own Client nor the websites that the Client host in same.

5.6. The IBERWEB is not responsible for any type of action that the Client perform in virtual server, being these actions the sole responsibility of the Customer, and should the same request the services of technical intervention to IBERWEB in case you need help or support.. The computer programs made available to the Customer are the property of IBERWEB.

5.7. Technical Support: The IBERWEB will facilitate free technical support during the provision of the service hired based on specified in the Special Conditions. The technical support is accomplished preferably, and prior to any other track, via email. The e-mail that the Client facilitate your registration will be the main route of communication with the Client and this undertakes to notify the change of this e-mail as soon as possible. The impact may also be notified by telephone during the hours of IBERWEB at its headquarters. }

5.8. Updates: it is determined according to the Particular Conditions contracted with the Customer.

5.9. Features of the system: The IBERWEB reserves the right to refuse the execution of certain actions or files on the part of the Customer, and the refuse total or temporarily the transit for the virtual server hired in the event that the same if performing actions that entail serious problems for the integrity and the proper functioning of the network of IBERWEB.

5.10. In a concrete manner, and with special character in relation with any action of the Customer who assume some type of action unlawful, the IBERWEB could act in this way, without notice, in the case of danger to the integrity of the systems of IBERWEB.

5.11. This action on the part of the IBERWEB will not place, in any case, the possible claim on the part of the Customer already that this knows the capabilities of the service or concrete plan hired IBERWEB may refuse to advance the achievement of certain actions that entails an abusive use based on the contracted service.

5.12. In some cases, the IBERWEB will indicate to the Customer that must hire a superior service in characteristics that fits your needs.

5.13. The IBERWEB may still ask the Customer the blocking or limiting the implementation of certain programs or scripts that can cause problems for the services provided to the server.

5.14. The IBERWEB will notify the Customer, at the time that the server is within the limits of its resources, that should change to a higher plane, hiring additional services, or take the appropriate measures to prevent incidents in services installed.

5.15. Interruption of service: The IBERWEB reserves the right to temporarily interrupt the provision of mandatory service for needs improvement, repair or replacement of the technical means used for the provision of the same.

5.16. Furthermore IBERWEB reserves the right to interrupt the service when the Customer does not comply with any of the existing provisions in these General Conditions, and very especially, when the Customer commit some type of illegal activity or not to proceed with the payment of the service and/or additional costs. These interruptions of service does not give rise, in any case, for any type of compensation to the Customer.

5.17. IBERWEB, the margin of other Disclaimers marked in the present General Conditions and the Special Conditions, expressly not be responsible in any event in relation with:

5.18. Errors in the connections, unforeseeable circumstances and force majeure: The IBERWEB will not be responsible for non-availability of service virtual server, errors, delays in access, or any anomaly that originates in connection problems the Customer

5.19. Difficulties of access to websites hosted on the virtual server: The IBERWEB will not responsible for non-availability or difficulty of access to websites that the Client host in virtual server when these errors are due to their own performances of the Customer and does not relate to the impact on connectivity of IBERWEB or hardware. The Client is the person who administers the server exclusively and the performances that in that can perform are your responsibility. If you need help, the Customer may request the service of technical support from IBERWEB upon an additional payment.

5.20. The IBERWEB in no event shall be responsible for the errors or damage produced by inefficient use and bad faith of the service by the Customer. Also will not responsible for any consequences due to the lack of communication between IBERWEB and the Customer when it is attributable to the non-functioning of the e-mail facilitated or falsity of data provided by the Customer in your registration.

5.15. Interruption of service: The IBERWEB reserves the right to temporarily interrupt the provision of mandatory service for needs improvement, repair or replacement of the technical means used for the provision of the same.

5.21. The services to be provided by IBERWEB under this contract are limited exclusively to provide the Customer with a physical support for hosting information, ignoring the IBERWEB the contents of information housed, which is the sole responsibility of the Customer.

5.22. The IBERWEB may not be held liable for (I) damage caused by the fault of the Customer or third parties, (ii) that result from the enforcement of judicial decisions or administrative authorities or (iii) resulting from the verification of cases of force majeure, i.e. situations of extraordinary nature or unpredictable, outside the IBERWEB and that it cannot be controlled, such as fires, power cuts, wars, riots, earthquakes, floods or other natural disasters, strikes, or any other situations not controllable by IBERWEB.

5.23. The IBERWEB does not warrant that the Service will be uninterrupted and Hosting may not be held liable for any use of, or inability to use, the service of virtual server, including, but not limited to, service interruptions, problems in sending and receiving electronic messages (e-mails), problems of connectivity to the Internet, unauthorized access to the virtual server, problems related with cache on DNS servers and related problems with the congestion of transfer of information on the Internet.

5.24. The IBERWEB assumes the responsibility for the efficient provision of the service of virtual server on the basis of the established in the present Conditions and as a function of the concrete request carried out by the Customer and in accordance with the Special Conditions.

5.25. The Customer expressly waives the claim any contractual or non-contractual liability by virtual damage and/or losses arising from its own failure in these General Conditions or derivatives of any wilful or negligent action on the part of the Customer.




6.1. Customer Responsibility:

6.2. Contents: The Customer assumes all the responsibilities for content hosted on the virtual server, it being expressly exonerated the IBERWEB of every kind of civil liability, criminal or of any other kind that could derive from complaints in relation with the content that the Client introduces.

6.3. The IBERWEB, now that has actual knowledge of the introduction on the part of the Customer content that affect the rights of third parties or of their own IBERWEB, such as content that violate intellectual property rights or industrial, fundamental rights or any other content that is contrary to the law, shall suspend or the definitive cancellation of service provision of virtual server, removing the network, therefore, illegal content. In addition, the IBERWEB warns of the competent authorities immediately on these planes by facilitating the same all the data that you are required judicially .

6.4. Good use of the service: The Customer is obliged to make good use of the service of virtual server and, therefore, not to use it in bad faith for any practice that is prohibited by law or rejected by merchant uses.

6.5. The IBERWEB is authorized, by means of the present contract, from the moment in which it has actual knowledge of achievement on the part of the Customer of any action or illegal use in general, to give knowledge the competent authorities of the circumstances and to suspend the service for virtual server so immediate.

6.6. The Customer shall be solely responsible for any claim or face legal action, judicial or thing started by third parties harmed, assuming this all expenses, costs and compensation, which in his case, can assume the IBERWEB if complaint is directed against this.

6.7. It is expressly Prohibits the use by the Customer of the service provision of virtual server with purposes such as sending electronic mail not massive desired (spamming). The IBERWEB receives, from different organizations impartial who are fighting against the use of this type of practice, notifications when a user or Customer of IBERWEB sends mail massively not desired, resulting prejudice to the IBERWEB as regards its image and prestige. If the IBERWEB receive these notifications shall inform the Customer that, with immediate effect, this ceases these bad practices. The IBERWEB act always and when an organization dedicated to the fight against these activities the request. If the Customer does not abandon the use of these practices, the IBERWEB will cancel immediately the service and resolve the present contract reserving the exercise of how many legal actions are appropriate to defend their interests.

6.8. In addition, it is expressly forbidden in the servers IBERWEB the use of programs designed with the purpose to cause problems or attacks on the network. It is also expressly forbidden bring, or by the evidence, the safety of third party servers performing any type of input or action that does not result required for you to enjoy on the part of the Customer service of virtual server. It is also expressly prohibited use the virtual server in order to create networks for the exchange of files 'peer to peer', type e-donkey or kazaa, or any other use that can cause network incidents of IBERWEB or of third parties.

6.9. Safety: The Customer will be the sole responsibility of the maintenance and creation of their own copies of security on the contents and all the information you publish on their websites, to not be that hire this service specifically to IBERWEB. In this case, and in accordance with the Special Conditions, the IBERWEB will hold the copies to ensure the integrity of information in cases of loss not attributable to the Customer. Where and when the loss is attributable to the Customer, it should proceed to the payment of the cost of restoring from backup as extra.

6.10. Suspension of Service: The IBERWEB reserves the right to suspend the service for virtual server, in the event of a breach by the Customer of any of the obligations for the same emerging from this contract.

6.11. In the framework of the provision of the Hosting Service, the IBERWEB may not be held liable for loss of data/information that may result in suspension of service of virtual server in the event of a breach by the Customer of any of the obligations for the same emerging this contract.

6.12. Payments, Billing and Collection: All payments must be made to IBERWEB so early in relation to the period of service to which they relate. The respective invoices/receipts follow by e-mail, or by regular mail, after the payments. The IBERWEB issuing invoices not anticipated.

6.13. The service of virtual server will be suspended if it is not the payment of the service, by the Customer, so early. To proceed to the first payment the customer demonstrates that is in accordance with these conditions. Five (5) days after the suspension of the service of virtual server, and if it is not, however, make the payment, the virtual server will be turned off.

6.14. In the framework of the provision of the service of virtual server, the IBERWEB may not be held liable for any loss of data/information that may result in suspension or cancellation of the service for lack of payment.

6.15. In the event of default in the payment of any sums due by the Customer to the IBERWEB under the present contract IBERWEB will charge on these amounts and for the duration of the arrears, the interest rate applicable commercial and could still cumulatively suspend the provision of the service under the provisions of this agreement.

6.16. Custody and security of access passwords: The Customer will be responsible for the security and confidentiality of passwords with that accesses the private areas of the virtual server with the purpose of carrying out the administration of services and save them in a safe place to prevent access to unauthorized third parties.



7.1. Any one of the parties may terminate this contract in the event of failure or defective performance of any of the obligations assumed by another under the present Conditions of General or Particular applicable.

7.2. The resolution operates automatically on the date of receipt of written notice to the effect sent by one party to another, invoking their pleas and import the extinction of any rights or obligations assumed by the parties at a date prior to the date of the resolution, unless the right of IBERWEB receive any monies owed to you by the Customer as well as the respective interest and arrears.

7.3. Term: this agreement shall enter into force at the time of payment by the Customer of the first monthly payment and applies for a period of one (1) month, and shall be automatically renewed for equal and successive periods, unless it is terminated by any of the parties in accordance with the following paragraph.

7.4. Each of the parties may, at any time, denounce this agreement upon notice to that effect sent to another with the advance of 30 (thirty) days, in relation to the initial term of the term or of one of its renewals.

7.5. The termination of the agreement in accordance with the previous paragraph only produces effects on the last day of the month to which it relates, and no matter the right to any compensation or any other compensation.



8.1. The IBERWEB complies strictly with the rules in force and other legislation on Data Protection and informs the Customer that the data will be included in automated processing systems only for the purpose of Billing and Management of Contacts with Customers, providing the Customer consent upon the acceptance of these General Conditions to this treatment.

8.2. Purpose of the data: The IBERWEB collects certain personal data, which are introduced by the Client freely on a form, or sent by the Customer by e-mail to IBERWEB, with the purpose of power hiring the services as well as contest and identify the requests made by the Customer. The IBERWEB informs that automatically poll these data for the administration, expansion and improvement of their services, as well as for technical purposes and commercial about the products and services available. However, the data collected and processed by IBERWEB are solely the basics for the purposes indicated above.

8.3. Responsible of the treatment: The person responsible for the processing of data is IBERWEB. The IBERWEB is not, in any case, responsible for data that can receive from users of the services it offers, since IBERWEB does not collect these data nor does it, assuming the Customer liability for same.

8.4. Transfer of data: there is not any type of transfer of Customer data to third parties. The IBERWEB only uses the data for the purposes described above and does not give the data to any other company. The IBERWEB informs the Customer that upon the accession to the present general conditions renders his consent to the necessary communication and essential for your data to administer the services that have contracted.

8.5. Safety: The IBERWEB ensures the absolute confidentiality and privacy of personal data collected and, for this reason, adopted safety measures to prevent the alteration, loss, treatment or unauthorized access, and thus to guarantee its integrity and security. Even so, The IBERWEB will not responsible for incidences that may arise around the personal data of Customers, when these truths, as well as of an attack or unauthorized access to systems in such a way that results impossible to detect it or prevent it.

8.6. Accuracy of the data: The Customer is responsible for the veracity of their data, committing themselves to not send the IBERWEB false data and to rectify the same if necessary. The IBERWEB puts at the disposal of the Customer all means so that it can carry out the modification of their data.



9.1. The IBERWEB and the Customer agree communicate and notify all the incidences that produce along the duration of the contract, preferably via e-mail. The mailbox of the IBERWEB for these communications will be indicated in the contact area of the following websites: IBERWEB The mail Client will be the indicated the IBERWEB on registration and/or at the time of the request of the service of virtual server.

9.2. The Customer undertakes to keep this e-mail operational and to modify it from your private area, if necessary, to continue to receive communications from IBERWEB. The track of preferred communication is the e-mail, getting free IBERWEB of all type of liability which may derive from the lack of consultation or error in the e-mail facilitated by the Customer. Each of the parties shall be responsible for the custody and security of copies of communications that are held between both parties.



10.1. IBERWEB is a registered trademark at the National Institute of Industrial Property (INPI). It is prohibited to use unconnected by any means of brand IBERWEB, which includes both the name and logo, except with the express consent, in writing, by the IBERWEB.

10.2. In addition, the web site of IBERWEB - their own contents, the programming and the design of the web site - is fully protected by copyright, it being expressly prohibited any reproduction, communication, distribution and processing of such elements protected unless express consent of IBERWEB.



11.1. The present contract of service provision of virtual server will have a variable duration in relation to the type of concrete service that the Client specified in the Special Conditions.



12.1. If any provision of this agreement is declared void or illegal, invalid or not compulsory by a legal court, the legality, validity and obligation of the remaining provisions of this agreement will remain non-affected in this way, unless stated otherwise.

12.2. This contract reflects the agreement of both parties being applied the laws in force in the Portuguese Republic. For the resolution of any dispute between the parties will be only the competent forum of the comarca of Braga, being renounced any other, supporting the unsuccessful party all the expenses derived from such disputes, including the fees of the proxies forensic that the other party may have, perhaps, to have recourse to enforce their rights.