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Terms of Use


Virtupar's Terms of Use:
Everything you need to know about the privacy of your data, what we collect,
how we use it and your data protection rights.
AGB Nutzungsbedingungen



TERMS OF USE OF VIRTUPAR

Please read the terms of use on Virtupar.com before using any service. Only purchase or order if you fully agree with the following terms of use.

SUBJECT MATTER

These terms of use govern the contractual basis for all services of Virtupar EAS, Caacupé, Paraguay. These include, but are not limited to, various hosting plans and products such as:

The "Customer" refers to the contracting party. This can be any natural or legal person who fills out the contract form, is aware of the terms of use, and agrees to them as the basis for the contract and services.

DEFINITIONS

HOSTING PLANS

The terms of use set out here apply to all plans of:

The technical specifications of our hosting plans are always available on our website and may change according to technical developments. Such changes will be published on the website and optionally communicated in the customer portal or by email.

To set up a hosting plan, customers need a domain name, which is subject to the regulations in the relevant section of these terms of use.

The customer can switch to another hosting plan offered by Virtupar.com, provided the following conditions are met:

All hosting plans covered by these terms and conditions run under the LINUX operating system, unless otherwise specified in the hosting description on the website.

SHARED HOSTING TERMS OF USE

In our shared hosting plans, multiple customers use the same server. To ensure security and stability for all, we may suspend the fulfillment of the contract in whole or in part if there is excessive storage usage, high CPU usage, or other changes that could affect the services of other customers.

Customers with shared hosting accounts are not allowed to:

There are various reasons for this behavior of an account, including:

If the server is compromised or endangered, Virtupar has the right to terminate and close the hosting account without prior notice and with immediate effect.

VPS AND DEDICATED SERVER

VPS and dedicated servers offer more flexibility and performance than traditional shared hosting, but there are also rules for their use:

With the provision of the root password, the responsibility for the security of the server and the proper functioning of the services passes to the customer. Important points are:

Payments for VPS servers and dedicated servers are made in advance and must be received before the due date. The server will be automatically disconnected from the network 3 days after the due date. The server and the applications and data on it will be permanently and irrevocably deleted for data protection reasons. Timely payment prevents this.

DATA BACKUPS

Virtupar.com has an external backup system in the data center. Depending on the plan, backups are performed automatically either weekly or daily and are overwritten every 7 or 30 days, respectively. Virtupar assumes no responsibility for data loss or problems with the restoration of these backups. Customers must also secure their data themselves, for example, using the backup tools in the control panel.

The customer is fully responsible for the external backup of their data. For this purpose, they can use the backup tools available in the control panel or their own tools to manage the hosting account. The restoration of backups is not included in the hosting plan. If the data loss is caused by the customer and they do not have their own backup, the data recovery by Virtupar is chargeable and must be paid in advance. Virtupar.com does not guarantee the success of the recovery.

Unmanaged VPS servers and unmanaged dedicated servers do not have automatic backups. Here, the customer sets up their own backup system.

DOMAINS

The domain registration is for a minimum of one year and at the prices listed on the virtupar.com website. In the case of special offers, the renewal is at the regular rate, which is already visible at the time of booking on the website.

The domain transfer from another provider to Virtupar is carried out at the specified rate. If the contract period of the first provider has not yet expired, Virtupar cannot take over this period. The contract period at Virtupar starts anew. The previous registrar is responsible for any possible refunds.

The change of ownership of a domain is free of charge. However, it must follow the procedures according to the requirements of the domain extension. Only the current domain owner can submit the transfer request by opening a ticket in the customer portal.

To request a DNS change or an auth code for a domain registered through Virtupar, all invoices must be paid.

Further requirements for domain registration are:

Virtupar rejects domain applications under certain conditions, such as those listed below:

An exception to this is applications from proven responsible organizations, individuals, or authorities or representatives with appropriate authorization.

According to ICANN regulations for the registration of .com, .net, org, and .info domains, a confirmation link is sent to the domain owner's email address. The customer must click on this link to validate the email address and complete the registration. Without this validation, the domain will be blocked and remain inactive until validation is completed. Virtupar has no influence on this process.

SPAM AND MASS EMAIL SENDING

Virtupar.com does not tolerate mass sending of unsolicited emails, as they are considered SPAM. Safelists and Double Opt-in mechanisms are also considered SPAM and will be treated accordingly. The sending limit is one email every 8 seconds. Addresses for mass emails will be blocked without warning. Websites advertised through SPAM are not allowed to be hosted on our servers. This rule applies to any type of SPAM, including fax, email, instant messaging, or newsgroups. Companies and users on blocklists are generally excluded from using Virtupar services.

An account will be immediately suspended if it leads to placement of the shared IP address on a blacklist. Virtupar reserves the right to make changes or disable websites, accounts, or other components immediately, depending on urgency, that do not comply with the policies.

WEBSITE BUILDER, SAAS, SOFTWARE, AND APPLICATIONS

To use software, applications, e-commerce, or website builders from Virtupar, the customer needs a registered and activated domain as well as hosting with Virtupar. Depending on the offer, they are included in the scope of the SaaS package or available for purchase separately. All information is detailed on the Virtupar website.

The monthly fee for using SaaS (Software as a Service) covers only their use and does not allow access to or modification of the source code. Customizations can be booked as an additional service depending on the system, as specified in the product description. They are to be remunerated separately as a one-time payment based on effort. Individual software with one-time payment such as digital business cards are transferred to the customer including code and can be adjusted by them at any time. The product description on virtupar.com is decisive.

OBLIGATIONS AND RESPONSIBILITIES OF VIRTUPAR

Virtupar.com always strives to provide customer service diligently and in good faith. However, uninterrupted availability of hosting plans cannot be guaranteed, as interruptions may occur due to internet issues, server failures, and other unforeseeable events.

Virtupar.com reserves the right to temporarily interrupt the selected plan for technical repairs, maintenance, and service improvements. Should Virtupar.com exceptionally fail to fulfill its obligations for more than 24 hours, only the proportional amount for the affected plan will be refunded.

The customer waives any claims against Virtupar.com for failures, delays, or errors in the use of the plan. Virtupar.com is also not liable for damages caused by the customer themselves or affecting third parties. Virtupar.com also assumes no responsibility for data losses, operational interruptions, or other damages arising from the operation of the hosting plans.

Virtupar is not liable for:

In addition, Virtupar is not liable for errors that may occur in external applications connected to the databases. The databases created in web hosting are intended solely for use by the connected domain and hosted website.

Virtupar.com provides contract documents, additional documentation, procedures, and all information published on the website in German, English, and Spanish. However, the German version always has binding validity. In addition, Virtupar.com stores an electronic copy of the email that the customer receives with their individual product contract in accordance with legal requirements.

CUSTOMER OBLIGATIONS AND RESPONSIBILITIES

The customer must adhere to all contractual conditions and use the service to the best of their knowledge and belief. They undertake to pay the agreed compensation promptly in accordance with the order and as part of the contract. The customer may not use the selected plan in a manner that violates good faith, public order, or applicable law.

By ordering this plan, the customer agrees to:

Keep the provided email address operational and up-to-date, as it is the preferred means of communication for efficient plan management. Changes must be made via the customer portal. Virtupar.com assumes no responsibility for consequences resulting from a non-functioning email.

The customer is solely responsible for the secure use and storage of their control panel login and hosting password. These serve as authentication to Virtupar and authorization for requested services. The use and sharing of these credentials with third parties are the sole responsibility of the customer.

Furthermore, the customer is fully responsible for the content of their website, transmitted information, hyperlinks, third-party claims, and legal actions. They must ensure compliance with all applicable laws and regulations, as well as the rules for web hosting operation, electronic commerce, copyright, public order, and general internet usage.

It is the customer's responsibility to keep the versions of the software, CMS, and plugins used to create their content up to date. Virtupar.com is not liable for attacks or hacked websites due to security vulnerabilities in the applications used.

The use of Virtupar hosting in a manner that violates good faith is prohibited. This includes, but is not limited to:

Virtupar reserves the right to modify or disable websites, accounts, databases, or other components that do not comply with the established guidelines. Urgent changes can be made at reasonable discretion.

The customer does not acquire any rights or licenses to the hosting plan, the software required for service delivery, or the technical information for service monitoring with the hosting packages. Exceptions are rights and licenses that are necessary for the fulfillment of this contract and only for its duration.

PRICES, PAYMENT METHODS, AND DEFAULT

The customer pays the price published on the Virtupar.com website and confirmed at the time of purchase for the chosen hosting package, domains, SSL certificates, or software. Additional resources to expand hosting services or other services are charged according to the prices in the Virtupar.com online shop.

All products, such as hosting plans, domains, SaaS, etc., are paid for in advance by the customer via bank transfer or using one of the payment methods on our website.

Bank deposits, transfers, or other payments must be confirmed by the customer in Paraguay. To do so, send the deposit number, domain name, and order number by email to info@virtupar.com, via WhatsApp, or by ticket to accounting in the customer portal.

Virtupar.com does not cover fees or commissions for financial transactions with e-wallets, payment providers, or banks. An invoice is considered paid only when the full amount has been received by Virtupar.

It is solely the customer's responsibility to keep track of due dates and pay on time, whether for hosting, software, or domains. Not receiving system reminders is not an excuse. Invoice amounts are not payable on a pro-rata basis, and the original expiration date remains unchanged when reactivating a suspended account.

The customer can pay monthly or for multiple months in advance in a single payment. Confirmed payments are valid only for the specified account and are not refundable or transferable. Exchange rate fluctuations may occur when switching between currencies, and the same applies to payments via credit card or payment service providers.

We reserve the right to suspend the service if payment issues arise. After the contract term expires, we will temporarily suspend the website if the subsequent payment is still pending. After 30 days without payment, final deactivation and deletion of all files will occur. Reactivation between the 3rd and 30th day requires payment of outstanding amounts plus a one-month fee. After that, recovery is no longer possible.

If a domain registered with us is not renewed in time before the contract expires, it remains renewable for 30 days after the expiration date, provided no one else registers the domain during this period. During this time, it can only be renewed at the renewal price listed on virtupar.com, not at the previous contract price.

Afterward, a 30-day REDEMPTION PERIOD begins, during which a penalty fee is charged by the registrar to restore the domain. The sometimes substantial fees are passed on to the customer by Virtupar, plus an administrative fee of 20 US dollars. Timely renewal and payment prevent these fees.

ENTRY INTO FORCE, DURATION, TERMINATION AND EXTENSION

The contract comes into effect as soon as the hosting plan, domain, or software is activated. It has a monthly, semi-annual, or annual term, depending on the customer's choice, and automatically renews for the same period.

The customer has a right of withdrawal of 5 days for software and applications, which only applies as long as the services have not been used. Since domain names cannot be transferred without the customer's consent, they are considered used upon receipt of the request by the registrar.

To cancel the web hosting service or dispute an order, the customer can send an email to info@virtupar.com or communicate their cancellation request through the customer portal in a ticket to Virtupar customer service. The respective cancellation period of the chosen service must be observed. Cancellation can be requested at any time but no later than 42 days (6 weeks) before the start of a new billing cycle. It must be ensured that there are no outstanding payments.

If the cancellation period is not observed or there are outstanding invoices, the contract automatically renews for the same period as the initial purchase. A voluntary waiver of a service before the end of the paid term does not result in a refund of the unused amount.

The cancellation period for all monthly booked products is 30 calendar days (1 month), for all other products 42 days (6 weeks) before the end of the term. In the event of early termination with a deletion request of a VPS or dedicated server, there is no refund for the already paid period.

OTHER TERMINATION OF THE CONTRACT

The contract ends on time or extraordinarily if, in addition to legal or above-mentioned regulations, one of the following reasons applies:

If the customer fails to pay or violates the terms of use, Virtupar.com can terminate the contract immediately and without notice. In this case, Virtupar can exclude the customer from the service without prior warning and without refund or compensation.

In the event of termination of the contract for the aforementioned or other legally permissible reasons, the customer must fulfill all obligations and payments made to Virtupar.com and third parties before the contract termination.

Neither party is liable for breaches of contract due to force majeure. If the service interruption lasts longer than 2 months, either party may terminate the contract without notice.

CONFIDENTIALITY AGREEMENT

All information or documents provided by one party to the other in connection with this contract are confidential. They may only be used by the recipient and not disclosed to third parties without the consent of the other party.

Information is not considered confidential if it was published by the issuing party itself, is already publicly known, must be disclosed by law or court order, or originates from a third party who is not obligated to confidentiality.

MISCELLANEOUS

The place of performance is the destination specified by the customer for the service. The place of jurisdiction is Paraguay, unless otherwise mandatorily prescribed by law. Should any provision of these terms of use be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. An invalid provision will be replaced by a regulation that comes as close as possible to the economic purpose.