Terms of Service

Last Update 14 December 2019

Terms of Service

General conditions

By subscribing to a service at DevHost, the customer accepts all points referred to in this document, which represents all the minimum conditions for the provision of services by DevHost.

DevHost reserves the right to change this document, as well as the other identified attachments, without prior notice, and the customer is responsible for checking them whenever necessary. Changes will, whenever possible, be notified via digital means or by updating the end date in this document.

DevHost reserves the right to refuse to join or renew any service, absent any obligation to justify its final decision.

The services provided by DevHost are available for subscription exclusively online on a pre-payment basis, except when agreed between both parties to the contrary.

DevHost may also make customer data available for legal purposes, if requested by competent authorities and legally registered as such.

Failure to comply with the terms in this document may result in the cancellation and termination, in whole or in part, of the services associated with the customer.

DevHost reserves the right to interrupt the provision of the service whenever maintenance is necessary in order to keep the servers and network stable, secure and up to date. In an emergency, this measure can be applied immediately, with additional information transmitted by the other means of contact.

DevHost reserves the right to disable the service if it is used for sending unsolicited e-mails, commonly known as Spam, virus propagation (malware, Trojans, among others), illegal availability of copyrighted content or that encourage the practice of crimes, propagation of DDoS attacks, Brute Force or Spam Bots and other practices considered illegal under Portuguese law.

It is strictly forbidden to host illegal content and / or related to pedophilia, warez, racism, terrorism or hacking, as well as the sharing of links or files that facilitate access to them on the DevHost network.

DevHost reserves the right to charge the customer an amount of compensation for damages caused by the incorrect use of its services in which there is a breach of any regulations identified in this document and its annexes.

DevHost reserves the right to suspend, deactivate or terminate any service in the event of non-payment of the service renewal amount by the due date of the open payment documents or non-compliance with any of the conditions of these Terms of Service .

Web Hosting

The customer is solely responsible for the content hosted on the services in his possession, and it is impossible for DevHost to control all the information placed on our servers, which has been introduced directly or indirectly by the customer.

Resale, assignment or sub-rental to third parties of any web hosting plan is not allowed, except for resale plans specifically created for this purpose or when there is a prior agreement between both parties.

The web hosting service has a limit on sending 100 mails per hour (60 minutes) and for each hosting account. This limit may be reduced if a constant email is sent or recurring periods where the limit of 100 emails has been reached.

Any and all newsletters sent to more than 100 contacts must be pre-approved by DevHost. It is the customer's responsibility to use mailling software capable of mass sending in stages so as not to impair the proper functioning of the servers.

If there is a high consumption of resources (including, but not limited to, Memory and CPU) originating from a web hosting account, compromising the good functioning of the server, it may be temporarily or permanently suspended, and the customer contact the Technical Department in order to obtain details and request the reactivation of the service.

DevHost reserves the right to suspend the service without any prior notification, and may notify the customer of the suspension of the service electronically within 24 hours afterwards.

DevHost reserves the right to keep the service deactivated for a period sufficient to reset the server stabilization, and may migrate the service to a new server or make changes so that all conditions necessary to reactivate the service are met without problems.

DevHost may, in case of non-suspension or immediate deactivation of the service, limit the use of standard system resources and associated with the account in question.

The sharing of files protected by copyright or sharing via Bittorrent and / or P2P using web hosting services is not allowed.

DevHost reserves the right to assign additional fees to the customer for any consumption of traffic, space, CPU or memory that may result from the incorrect use of the service or lack of responsibility in using it.

It is not allowed to use web hosting services as a storage device for backups.

Multimedia hosting services that require high resources to the server, namely regarding bandwidth, are not allowed.

It is not allowed to run MySQL queries that have errors or have a realization period of more than 20 seconds, as a way to avoid performance degradation of the MySQL server.

DevHost reserves the right to remove and / or cancel the automatic backup of accounts that exceed 20GB of space and / or 100,000 files.

Virtual and Dedicated Servers

DevHost is not responsible for information shared or hosted on customers' dedicated servers.

DevHost does not have direct access to the files associated with the server, however, if there are signs of violation of these Terms of Service, we reserve the right to physically access the server to identify infringing content. This access is performed internally and by specialized technicians, and no data is externally removed from the system.

It is strictly forbidden to host any type of file that encourages the practice of crimes vis-à-vis the country where the client is located and Portuguese legislation..

The server should not be used, in any format, in computer attacks, among which are, but not limited to, Brute Force, Spam Bot, Denial of Service Requests (DoS and DDoS), sending Spam to unauthorized mailing lists , bitcoin mining, among others.

The use of EggDrops, BNCs, Bots, Ircd, Bitchx, Nulled Scripts and other IRC services is not allowed.

It is strictly forbidden to use the servers to share piracy, warez or files that are in any way considered illegal, which includes, but is not limited to, computer viruses and Phishing pages, distribution of mailing lists and files without respective copyright.

DevHost is not responsible for any damage to the server that is the result of 3rd party applications, external attacks, failures in the infrastructure network or any other system that is not available to our company.

DevHost is not responsible for any attack that is successful due to the lack of maintenance and security of the server.

The client is responsible for any security measure to be implemented in the server system, and DevHost cannot be held responsible for any external attack that is incorrect.

DevHost is not responsible for the incorrect use of the server by the customer.

Server backups are the customer's sole responsibility, so DevHost is not responsible for any type of data loss.

DevHost is responsible for repairing / exchanging hardware in the event of a breakdown of the rental solutions, proceeding to it in the minimum possible time and taking into account the necessary technical work.

The contract for a VPS or Dedicated server has a minimum duration of 1 month, and is not included in the refund option.

The assignment of additional IP’s that have not been purchased by the customer is prohibited.

In the event that the VPS or Dedicated Server service is suspended due to non-payment, an activation fee in the amount of 5 euros will be required.

The services will be suspended after the expiration date, stipulated in the respective documents for payment.

DevHost may keep, if it considers it relevant, the active server after the suspension date, out of courtesy and without any stipulated obligation, therefore, notwithstanding the points stipulated in this document.

DevHost reserves the right, from the moment of suspension for non-payment, to terminate the service, resulting in the deactivation of the service and the elimination of all associated data.

Billing

The customer assumes that the data provided is correct, as well as the indication of any changes to these, for the purposes of billing services, DevHost is not responsible for any error in the data submitted by the customer.

The final Invoice will be issued in the name of the Service Holder according to the data provided by the customer during the creation of the customer account, in the ordering process in the Customers Area of ​​our website or manually through intermediaries.

The change in Billing data must be notified by the customer in advance, and DevHost cannot be held responsible for any incorrect information provided by the customer.

Once issued, the final Invoice for the service cannot be changed, so the subscriber must guarantee the supply of all necessary data and confirm their validity.

Invoices will be issued by email, in the form of an Electronic Invoice (PDF), to the email associated with the Client Account.

The respective file will also be attached to the Client Area for an indefinite period, but may be removed if necessary, giving the client the responsibility to carry out the prior download.

DevHost is not responsible for any loss of the invoice in the sending process via electronic mail, which includes, but is not limited to, the refusal in the remote reception. However, the invoice can always be provided to the customer, if required, and can be sent to the respective account associated with the national finance system automatically.

The customer should contact DevHost support if he intends to send the invoice by other means.

In the event that these means are associated with extra costs, these will be the responsibility of the customer.

Cancellation of Services

The cancellation of services must be carried out by the Customer, using the tools made available for that purpose in the Customer Area, or by contacting support via the available means.

Services must be canceled at least 15 days before the service's expiration date. In the case of cancellation of services such as Dedicated Servers, VPS, you must proceed with the cancellation at least 30 days before the date of renewal of the service.

The customer must settle all pending payments until the expiration date of the active services, in case the cancellation request has not been made within the indicated period using the specific method.

The cancellation of services does not preclude the subscriber's obligation to settle the payment documents generated to date, as well as those that can be generated later and associated with service tasks.

The request to cancel services after renewing them by the subscriber, does not matter any obligation of refund by DevHost, for the period of service he does not enjoy.

In the case of VPS and Dedicated servers they will remain active until the end of the renewal date.

The request for reimbursement of the amount paid for the subscription of services can be made within a period of 7 days, if it has not been provisioned in a useful period and except for specific cases in agreement between both parties.

Service Level Agreement (SLA)

DevHost guarantees that the internal data center network is accessible 100% of the time, except in cases of scheduled maintenance, in which the customer is informed in advance as indicated in the terms associated above.

With regard to the Internet connection, we guarantee that it has an availability objective of 99.90%, except in the case of maintenance previously notified to the contractor.

In case of non-compliance, the reduction will be proceeded:
Internal network: 5% of the total amount of the next invoice, for periods of 10 minutes of unavailability and within the limit of 100% of the total amount of the invoice;
Internet connection: 5% of the total amount of the next invoice, per hour of unavailability and up to 100% of the total amount of the invoice.

These SLA terms do not cover problems related to the client's misuse of the server / service or due to its incorrect configuration, as well as cases of violation of these Terms of Service.

DevHost is not responsible for losses and damages arising on the part of the customer and which are not directly related to DevHost and the services provided by it to the customer.

Code of conduct

The customer may not publish defamatory, scandalous, or private information about a person without his consent, intentionally inflicting emotional distress, or violating trademark, copyright or other intellectual property rights.

Abuse of DevHost employees and employees will not be tolerated. You are expected to request support and respond to our employees in a professional and cordial manner. When contacting DevHost by e-mail or through the Ticket System, you are requested to refrain from using CAPS LOCK, exclamation points or any other form of abusive writing. Any harassment, harassment, offense / insult, slander, defamation, abuse of name or image, abuse of trust, use of slang or any other abusive and inappropriate behavior that is harmful to DevHost and its employees, is considered a violation of our Terms of service.

Any verbal, oral or written threat directed at DevHost or any of its employees, partners or equipment, will constitute a violation of our Terms of Service.

Any less appropriate conduct that is found to be a violation of this section will constitute a breach of the Terms of Service, with DevHost alone deciding what will be considered a violation.

Violation of any of the points in this section may result in the suspension, cancellation or termination of any subscription currently in force in the account of the offending customer, and the customer is not entitled to issue any refund.

Privacy Policy

Data Collection / Registration

DevHost is committed to ensuring the privacy of all its customers, and as such, only information is voluntarily provided by them, and used only for the purposes for which it was intended.

The personal data collected by DevHost are processed automatically and are intended for the management and maintenance of the client file, services and support requests that are made. The collection and processing of personal data also has the purpose of using DevHost contacts for the following purposes:
Ensuring the correct operation of the contracted service, namely through the provision of data for management and billing
Communication of interventions scheduled, information about problems and / or other situations of relevance or impact on services
Promote the required communication in accordance with the Terms of Service
Sending information in the generalist and advertising scope exclusively related to DevHost and the services provided by it is.

Changing or Deleting Data

Access to customer data is provided from a single reserved area, protected over authentication systems and by an SSL certificate, which makes improper access by unauthorized third parties impossible.

Under the terms of the applicable legislation, customers have the right to access and rectify their data. In this way, DevHost undertakes to provide the contractor with permanent access to all data and its rectification, if necessary, throughout the entire contractual period.

All customers can choose whether or not to provide their data to DevHost.

Filling in the client's form is considered voluntary supply of data, being understood as a declaration of acceptance by the client about this privacy policy, as well as the treatment and storage of such data by DevHost, for the commercial purposes to which are intended.

In this way, DevHost reserves the right to store and use the data provided by the customer, under the terms of this Privacy Policy, until its express declaration to request its permanent elimination.

Although DevHost does not undertake to store customer data after the deadlines for renewing its services and / or the termination of the contract have been exceeded, without express information being given in this regard, DevHost cannot have knowledge if the customer intends to or not to remain registered with your customer record.

Thus, if it is in the client's interest not to be contacted by DevHost and does not intend to store his data, he must expressly request the deletion of them from our database.

This request can be made by any of our traditional means of contact, available from the website.

Use of Information and Data Security

DevHost undertakes not to sell, rent or transmit, in any format, the personal data of users to third parties, without prejudice to the fact that this is done with the proper authorization of the client or when it is legally stipulated to do so.

DevHost also ensures that, wherever possible, adequate measures have been taken, as far as possible, to protect all personal data against accidental or unlawful destruction, alteration or dissemination to third parties.

Any attempt to breach the personal data and / or databases of customers on the DevHost website will be subject to criminal action and criminal complaint with the competent authorities, as stipulated in Portuguese law.

Retention of Personal Data

After the collection of personal information transmitted voluntarily by the customer, DevHost proceeds with its conservation and maintenance for the period necessary for its use, until instructions to the contrary, or until the law requires its destruction.

This conservation allows DevHost to provide services to the customer without interruption, unless expressly denied.

However, DevHost is not obliged to keep this data after the renewal or contractual deadlines for services have been exceeded, without these being correctly settled / renewed.

Payments

DevHost guarantees all precautions to guarantee protection of the information collected from the customer, and guarantees that all payments made are made through digitally encrypted connections using SSL technology.

The data provided for payments, including credit cards, are not stored by DevHost, they are used only at the time of the transaction. In this way, we guarantee that no payment data is stored or, in extreme cases, may be subject to unlawful access by third parties.

Certain payment methods are based on external platforms, which have their own Privacy Policies external to DevHost's control.