Thursday, 08 December 2022

Terms & Conditions

These policies in this document for the regulation of the use of internet network services have been drafted by GRUPO PRIVADO DEL NORTE S.A.C. hereinafter THE PROVIDER to establish guidelines and recommendations for the proper use of the internet service.

1. Terms and Conditions

All the PROVIDER's clients must know and abide by the network use policy and the services provided by THE PROVIDER (hereinafter referred to as the "Use Policy"). For the purposes of this Use Policy, "Client" means each of the Clients to whom THE SUPPLIER provides services or facilities and all its workers, agents and third parties to whom the Client makes available the services or facilities provided by THE SUPPLIER. Clients of THE SUPPLIER who use the services and facilities provided by THE SUPPLIER to provide services and facilities to their own clients or end-users, corporate or residential, are responsible for compliance with the terms of this Use Policy by their clients and, To this end, they will take all the necessary measures to ensure their compliance.

THE SUPPLIER reserves the right at its sole discretion to deny the supply of a certain service or facility to a Client or to terminate the respective provider of service or facility, when the result of a pronouncement by a competent authority shows that the Client does not comply or will not comply with this Use Policy. Or when such non-compliance puts at risk the provision of services or the provision of networks by THE SUPPLIER to the rest of its clients The Client will not be able to use the services and facilities of THE SUPPLIER in such a way that:

  • Violate any regulatory or normative provision issued by the competent authority.
  • Violate the policy of use of any network, machine, or service that is accessed through the PROVIDER network, including the prohibition of unauthorized access, sabotage, cyber attacks, identity forgery, the introduction of any type of virus, the information tracking, monitoring, etc.
  • Violate the rights on intellectual property that are protected by the different laws that regulate the matter.
  • Violate the right to intimacy or privacy of others.
  • The services and facilities provided by THE SUPPLIER are used to distribute them to others without the mediation of a written and express authorization from THE SUPPLIER, except that due to the nature of the product or facility offered by THE SUPPLIER, according to the description established by part of THE SUPPLIER in the respective "product description document", this service or facility is intended to be marketed to third parties.
  • On-line marketing practices are incurred that are prohibited by any regulatory provision or regulations in force.
  • Any specific instruction given by THE SUPPLIER is breached for reasons of ensuring the quality of any other telecommunications service provided by THE SUPPLIER.
  • The use of the services in the manner indicated above will be considered a violation of this Use Policy.

THE PROVIDER reserves the right at its sole discretion to apply all the actions it deems necessary to prevent such abusive use of the network, among which are considered, among others: verbal or written calls for attention to the Client to cease their practices abusive, blocking, suspension or termination of services, following for such purposes the procedures established by the competent authority. Likewise, THE SUPPLIER reserves the right to carry out all the necessary actions to recover the costs incurred in order to prevent the abusive use of the network by the Client. THE SUPPLIER may demand from the client, among others, the payment of the administration costs incurred by THE SUPPLIER, collection of expenses or legal fees or of another nature in which THE SUPPLIER has had to incur to respond for the abusive use of the network made by the Client and the collection of any charge for early termination of the service in accordance with the provisions of the contract signed with the Client. Such actions will be taken by THE SUPPLIER without prior judicial or extrajudicial notification to the Client, who from now on agrees to assume said obligations.

2. Customer Responsibility

The Client will be responsible for maintaining the confidentiality of the access codes granted by THE PROVIDER by virtue of the provision of a certain service or facility, as well as taking the necessary actions to guarantee the security of its own network. In the event that the Client identifies any violation of this Use Policy or of any applicable law or regulation, they must immediately notify THE SUPPLIER to the email address indicating in the matter "Use Policy", in order for THE SUPPLIER to take the measures it deems appropriate to ward off the situation, and to the competent authority if applicable. In the event that the Client considers or does not know if a particular action developed by it may constitute a violation of the Use Policy, it will be responsible for communicating it to THE SUPPLIER at the same email address indicated above so that THE SUPPLIER manifests itself in the sense of whether said activity is considered a violation of the Use Policy.

2.1 Setting

The Client will be solely responsible for configuring its networks, facilities and equipment in such a way that they function in the most optimal and efficient way, maintaining the required security standards. In this sense, it will also correspond to the Client to carry out all the actions associated with the reconfiguration of its network, systems or services to avoid abusive use of the network.

2.2 Privacy

Considering that the internet is essentially an open network and therefore vulnerable, the Client acknowledges and accepts that the data transmitted or exchanged through the use of the network may be susceptible to being intercepted or altered. Therefore, THE SUPPLIER does not assume any responsibility towards the Client in relation to the security and integrity of any data or information transmitted through the services and facilities provided by THE SUPPLIER.

2.3 Intellectual Property

THE SUPPLIER declares that it abides by the provisions established in each jurisdiction for the protection of data, information or content that it finds protected by copyright and that in the event of any complaint about this concept it will proceed in accordance with what is established in the current legislation on The matter.

However, THE PROVIDER declares that it does not review, censor or edit the content of any communication transmitted through the services and facilities provided by THE PROVIDER, or that it is accessible through third-party networks that may be connected to the PROVIDER network.

2.4 Limitation of Liability

THE SUPPLIER will not be responsible for possible damages that may arise from interference, omissions, interruptions, computer viruses, as well as for damages that may be caused by third parties through illegitimate interference in its network, services or facilities.

2.5 Restricted and/or Prohibitive Use

The Internet Service of THE PROVIDER cannot be used for the following:

  • The massive distribution of unsolicited advertisements or messages.
  • The intentional spread of computer viruses or other harmful programs to users or computers on the network.
  • The unnecessary and premeditated congestion of the contracted Internet service.
  • Use of the Internet service contracted as transport to enter any other network or equipment without the authorization of its owners or administrators.
  • Impersonation and modification of the identity of data packets and messages: modification of the header of TCP / IP packets, electronic mail messages (mail) and messages sent to newsgroups (news).
  • The unauthorized installation of programs or software that modify the operating system of the users' computers, damaging the service. The use of the service, or any of the elements that make it up for illicit purposes such as transmission and / or dissemination of materials or content that violate current legislation and / or that do not have the necessary licenses and / or permits in accordance with the legislation current of industrial or intellectual property rights.
  • Access or use of information, systems or elements of the Service, including testing the vulnerability of these systems and elements, without the express consent of THE SUPPLIER or its owners. It should be understood as elements that integrate the service to the physical such as the router, splitter and modems as an element of access to THE SERVICE (last Mile connection).

In all these cases, the client will be responsible, before THE SUPPLIER and before third parties, for the damages that may arise.
The uses of the Internet service of THE PROVIDER described below are restricted according to this protocol. The descriptions are for guidance only and are not intended to be prohibitive and are made by way of example and not by way of example.  

2.6 Illegal Activities

The Internet service of THE PROVIDER cannot be used to violate current laws, regulations or other types of national, governmental or international norms. Such violations include theft or violation of copyrights, copyrights, trademarks, trade secrets or any other type of intellectual property, fraud, falsification, cloning of the WEB page, theft or illegal appropriation of funds, credit cards or personal information as well as threats of physical harm or harassment.

The Internet service of THE PROVIDER cannot be used with attempts, regardless of whether they are successful or not, to violate the security of a network or a service. Examples of prohibited activities include hacking, data interception, unauthorized monitoring or use of systems, port scanning, unauthorized connections, carrying out denial of service attacks, and distribution of viruses or other harmful software.

The PROVIDER's clients are responsible for maintaining the basic security of their systems in order to prevent third parties from using their systems against this protocol. Examples include the efficient securing of a mail server so that it cannot be used to distribute unsolicited bulk mail (Spam), the efficient securing of an FTP server so that it cannot be used by third parties to distribute in a manner illegal malicious or proprietary software, etc. Customers are responsible for taking corrective action on vulnerable or exploited systems to prevent abuse from occurring.

The Internet service of THE PROVIDER may not be used to transmit materials of a threatening nature, including threats of death or physical harm, apologies with terrorist content, harassment, slander and defamation.

The Internet service of THE PROVIDER may not be used for the distribution of offensive material, including obscene, pornographic, indecent and undesirable material.

2.7 Spam

The Internet service of THE PROVIDER must not be used to send SPAM, meaning spam is the sending of messages (mail, chat, etc.) for commercial propaganda purposes to other clients without their authorization.

2.8 Indirect access by unauthorized users

The violation of this protocol by someone who has only indirect access to the PROVIDER's Internet service through a client or another user (that is, a third party who has a direct connection with a PROVIDER's customer and this uses Internet service), it will be considered a violation by the client or another user, whether with or without the consent or knowledge of the client or another user.
Additionally, this policy applies to any email or content transmitted by you or for your benefit, that uses an account of THE PROVIDER as a reply box or promotes content hosted or transmitted using the facilities of THE PROVIDER or that indicates in any way that THE PROVIDER was involved in the transmission of any email or content.
The resale of products or services of THE SUPPLIER is not allowed unless expressly authorized through a written agreement with THE SUPPLIER.

2.9 Consequences

Violations of this protocol may produce the demand for the immediate removal of the violating material, filter, block, block the SMTP Protocol (port 25, 26), suspension or immediate termination of THE SERVICE temporarily or permanently or other action proportional to the violation. , as determined by THE SUPPLIER in its sole discretion. When feasible, it is THE SUPPLIER's preference to give notice so that violations can be reported voluntarily. However, THE SUPPLIER reserves the right to act without notice when necessary, as determined by THE SUPPLIER in its sole discretion. THE SUPPLIER may involve, and will cooperate with the Law, if criminal activity is suspected. Violators may also be subject to criminal liability under applicable laws. Refunds or credit notes will not be applicable in relation to the actions taken as a consequence of the violation of this protocol.

3. Validity and update

This Use Policy is an integral part of the contracts signed with the Client, its annexes, modifications or additions and will be in force during the entire period in which the Client uses the services of THE SUPPLIER. The Client will be able to know the Policy of Use, as well as all its updates by consulting the following virtual address, being that all alterations made to said Policy of Use will automatically link the parties from its publication in the above-mentioned address.

NOCPERU - DATA CENTER, is the first corporate data center dedicated to companies, a robust and stable system developed with fiber optic connectivity and operated by the highest international standards.

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Trujillo, La Libertad, Perú
01 641 1239
044 64 3108
01 305-749-5753
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