Terms and Conditions

Terms of Usage

These are the terms and conditions under which Imagina Software LLC provides all sales services ('service' or 'services'). These Terms of Service act as a fully binding agreement between Imagina Software LLC (hereinafter '-Imagina Software LLC-') and each of its customers (hereinafter 'Client'). 
 

  1. The Customer Account Administration System and Domain Management System are located at: http://dominios.imaginacolombia.com or http://clientes.imaginacolombia.com/. We will primarily communicate with the Customer through these means, and/or via email to the administrative contact specified by the Customer within the registration. Information about any events or changes that involve the Customer's service or this agreement will be considered as delivered at the moment when such information is published in a visible location on the panel or is sent by email to the Customer.
  2. Imagina Software LLC will never sell or disclose customer contact information or customer lists to third parties unless required by law or specifically authorized by the client.
  3. All customers must keep their contact information updated within the control panel. Imagina Software LLC is not responsible if a customer cannot log in or use the control panel to update their information.
  4. Imagina Software LLC reserves the right to refuse service to anyone. The client may only use our servers and solutions for legal purposes. The transmission of any material in violation of any federal, state, or local law or regulation is prohibited. This includes copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly prohibit anyone from using the servers for the dissemination, distribution, processing, storage, or otherwise redirecting any lascivious, obscene, or pornographic material of any kind, or any other material we deem objectionable, including pornography, satanic materials, and all adult-oriented materials. Hosting any material as described above is entirely at the discretion of our management.
  5. Payments are effective on the due date of the service, and Imagina Software LLC sends purchase orders by email approximately twenty (20) calendar days in advance. If payment is not received before the due date, the Client's account will be suspended and may require a reactivation fee at the discretion of Imagina Software LLC. Accounts may be deleted if they have been in a suspended state for eight (8) or more calendar days. For shared hosting, we maintain additional backups for approximately 30 days, which can be recovered upon request to our support department. Any data recovery beyond the due date may incur additional charges.
  6. An additional transaction fee may apply to payments made by Credit Card or through PayPal, 2checkout.com, or by Bank Deposit. 

    6.1 If you request a refund or our 30-day money-back guarantee, and the payment was made through a payment gateway, please remember that transaction costs from the gateways are non-refundable and account for approximately 7% of the total amount paid. 

    Exception: At the time of canceling Hosting Plans subscribed for annual cycles with a Free Domain, the value of the Plan will be refunded minus the Domain value. Domain registration is a customized product that is not subject to any type of refunds.
  7. The client can cancel an account or service at any time without contacting Imagina Software LLC- for this purpose, they have all the relevant information and management in our control panel, including EPP keys or transfer codes that are provided directly to the client using the primary contact method associated with the account, which is email.
    7.1     The approval of any transfer or backup generation may be subject to having cleared all outstanding payments or obligations with Imagina Software LLC.
    7.2     The cancelation of any customized design, development, or programming work that is not completed will require payment of a minimum of 50% of the total project value.
    7.2.1     The request of process of development, programming, capacitation, technical review or any different request, as support or guide that be charged by the work time it’s clearly not refunded, and it must be total paid at time that it ends, even if the solution has not been completed. The assigned time on the case will be estimated depending of our experience but it will never be defined as a fixed budgeted time. The client may monitor the progress of the requested processes if they so desire.
    7.2.2     The reactivation of abandoned and/or suspended development projects due to waiting times incurs a reactivation fee of approximately 15% of the project's value. The reactivation of projects must be evaluated on a case-by-case basis. We cannot guarantee reactivations of projects, and in some cases, the development may need to be adapted to any new technologies used at that time (if applicable), incurring the respective costs associated with it.
    7.3 In this case, release dates do not include installation times and/or approval or testing requests at final locations such as distribution stores (Apple Store, Google Play Store), hosting, and/or external servers. These times do not depend on the completion of the development process by Imagina Software LLC, and each distributor reserves the right to deny and/or reject the publication of any application and/or development and may request additional requirements and/or cost not covered in a standard application release.

    Please refer to the terms and conditions for each provider where you wish to install and/or publish your application. Imagina Software LLC, Does not guarantee, under any circumstances, the approval of your application by these entities. 
  8. The Client is responsible for complying with federal, state, and local laws in any country in which the Client uses the Internet to communicate. The Client may not engage in or support any illegal activity through the use of the service. Imagina Software LLC. Does not control the content of network traffic to or from its services or networks.
  9. Due to the insecure nature of a significant portion of the global Internet, Imagina Software Web LLC strongly suggests that credit card numbers or other personal information should never be sent via email or other internet services unless proper encryption is used. The Client is entirely responsible for the security and integrity of their own services, including Internet servers. Imagina Software Web LLC will not be held responsible for any security issues that may occur. The Client agrees to fully indemnify and not harm, in any legal or financial way, Imagina Software Web LLC as a result of any security breaches in the Client's services.
  10. Our standard backup retention and generation policy is 24 hours. The client has the means to generate backups through their hosting control panel. Imagina Software LLC cannot be held responsible in any case for data loss caused by hardware failures, unauthorized access, or any other type of loss related to information availability, unless specified in an additional contract. We do not guarantee the availability of automatically generated backups in any way. The client is responsible for maintaining their own backups of web files, databases, and/or email, for which they have all the necessary information available in their account.
    10.1     Can request a restauration to our support area, for one of our security backups up to 1 time for each invoice period without any cost. Additional requests of backups have a cost depending of the size of their account or manual process that we have to do.
  11. Imagina Software LLC commits, during the provision of its Web Hosting services, to make the Assigned Area contracted by the Client available under optimal usage conditions. However, the Client expressly accepts that Imagina Software LLC, cannot guarantee that server availability will be continuous and uninterrupted due to the possibility of issues in the Internet network, server equipment breakdowns, and other unforeseeable contingencies. Likewise, in the case of virtual servers, as the same machine is shared among several Clients, technical problems attributable to third parties may occur, which are not attributable to Imagina Software LLC. Consequently, the Client expressly waives any contractual or extra-contractual liability claims or claims for damages and losses against Imagina Software LLC for possible failures, slowness, or errors in accessing and using the service due to issues in the Internet network, server equipment breakdowns, or other unforeseeable contingencies.
    11.1     If Imagina Software Web S.A.S fails to meet the commitments outlined in these General Terms and Conditions by providing inefficient service for a period exceeding 24 hours, the liability for damages and losses that can be demanded from Imagina Software LLC will be limited, at most, to the total amount charged to the Client for the hosting services provided during that period. In no case can the Client demand from Imagina Software LLC liability for damages and losses arising from the total or partial loss of Information or the interruption of their business, or for damages and losses to third parties, whether direct or indirect.
    11.2 Under no circumstances can Imagina Software LLC be held responsible for interruptions in the availability of Information caused by force majeure or factors beyond the control of Imagina Software LLC. Illustratively but not exhaustively, the following elements or resources are considered beyond the control of Imagina Software LLC, among others: Modem, user's computer system, Net PC or Web PC, connection software, browsing software, Applets, ActiveX controls, and browser program plugins, viruses, switched telephone network, ISDN, frame relay, cable, satellite, and any other transportation or telecommunications infrastructure or any other force majeure causes or those that cannot be foreseen or are beyond the control of Imagina Software LLC. Additionally, Imagina Software LLC will not, under any circumstances, be liable for the actions of third parties unrelated to Imagina Software LLC that may be harmful to the Client's website hosted on its servers, such as hacking or cracking.
    11.3 All our products, domains, services, etc., are subject to change without prior notice, whether for renewal and/or registration periods, and must be checked before the respective payment. They may change due to availability, currency volatility, changes in product configuration, etc. Prices, unless specified otherwise, are confirmed for a maximum period of 5 calendar days.
  12. If any part of this agreement is found to be in contradiction to state, local, or state laws, the remaining parts will remain in full effect. 

    Additional terms and conditions may apply to some services. If you have any questions about our terms, conditions, and policies, please call us at any of our contact lines.

Acceptable Use Policy

This acceptable Use Policy has been formulated with the following goals in mind:

  • To ensure the security, reliability, and privacy of the network and systems of Imagina Software LLC, as well as the networks and systems of others.
  • To preserve the value of the Internet as a resource for information and free expression.
  • To preserve the privacy and security of Internet users.
  • To discourage irresponsible practices that degrade the utility of network resources and, therefore, the value of Internet services.
  • To avoid situations that may lead Imagina Software LLC, to incur legal liability.
  • To maintain the image and reputation of Imagina Software LLC as a responsible provider.

This Acceptable Use Policy does not, at any time, change what is stated in the Terms of Service of Imagina Software LLC.

  1. Imagina Software LLC, operates under a strict 'no Spam' policy. Sending any unsolicited email messages from, to, or through the services of Imagina Software LLC, may result in civil liability being imposed on the sender, in accordance with the 'California Business & Professions Code Section 17538.45.' A copy of this code can be obtained online: http://www.leginfo.ca.gov. Unsolicited 'Bulk' messages include, but are not limited to, commercial advertising, informational notices, and political or religious content.
  2. The following activities are expressly prohibited and may result in the suspension or termination of the account without prior notice:
    1. Sending unsolicited USENET messages advertising a website, email account, or other service provided by or through Imagina Software LLC to any newsgroup that does not specifically allow such advertisements.
    2. Sending UBE or posting advertisements on USENET (except where specifically allowed by the newsgroup) for a service provided by or through Imagina Software LLC.
    3. Hosting "Spam-friendly" websites, including software spam sites. 
    4. Harassment, whether by content, frequency, or size of email or USENET messages.
    5. Sending email to anyone who does not wish to receive it. If a recipient requests to stop receiving email, the Client must immediately and permanently cease sending futher email to that indivial. 
    6. Forwarding or otherwise propagating chain emails, whether the recipient wants to receiv them or not unless such propagation is requested and in the clear context of disqualifiying and discreting the chain email. 
    7. Transmitting any electronic communication, including email, using the name or address of another person or organization for deceptive purposes.
    8. Impersonating another individual by altering the source IP addess information or altering email headers or any other information used for identification.
    9. Any fraudulent attempt to conceal, alter, or otherwise falsify your identity in connecetion with the use of the service. 
    10. Any use of thir-party email servers to realy email without express permission.
    11. Collecting responses to messages sent from another Internet Service Provider, where those violate this Acceptable Use POlicy or any applicable policy of the other provider. 
    12. Denial of Sevice, including but not limited to any form of Internet "Packet Flooding", packet corruption, or abusive attack intended to affect the proper functioning of servers or Internet services of any company. 
    13. Using the network of Imagina Software LLC, services, or system to store or transmit content that is illegal under the laws of the United States of America or any international treaty respected by the United Statesw of America, is not allowed for any reason.

      Storing or transmitting any material deemed illegal or inappropriate for our networks, including but not limited to materials related to child pornography, pirated software or music, all materials related to Spam, including emails lists, is grounds for immediate termination. Note also that any material related to child pornography, whether deemed legal or not, is included. This includes simulated child pornogra´hy, non-nude child pornogra´hy, or sites linking to such material. Offenses of this nature will be reported to federal authorities and prosecuted to the fullest extent of the law. 
    14. Using or storing any type of software that is designed to or likely to abuse or negatively impact the Internet Service, including but not limited to port scanners, hacking tools, ping-flooding programs, security/root exploiters, packet sniffers, and pirated software. 

Shared Resource Usage

The users may not:

  1. Use the 25% or more of system resources for more than 90 seconds. This includes CPU usage, disk I/O usage, or usage of external concurrent connection. There are numerous activities that can cause this kind of issues like: PHP Scripts, CGI Scripts, permanent FTP connection, permanent HTTP connection, etc.
  2. Running software that remains idle or unattended on the node, such as IRCD daemons.
  3. Running any kind of crawler, spider or indexer (Such as Google Cash/ AdSpy) on shared accounts. 
  4. Running any software that interfaces with IRC.
  5. Running any torrents applications, trackers or customers. You may externally link to files of this type, but they cannot be hosted directly in our accounts.
  6. Running cron Process with intevals less than 10 minutes.
  7. Running SQL queries that take more than 20 seconds. The Table must be properly indexed.

 

Resources Panel Usage

  • Shared hosting services provide you with 'unlimited' server space for normal web usage 'without file distribution.' For websites that allow the downloading of video, audio, or other files, we reserve the right to impose a bandwidth limit of two hundred fifty (250) GB per natural month.

The users may not:

  1. Use more than 10% of our platform's processing capacity. There are numerous activities that could cause such issues, including (but not limited to) CGI scripts and resource-intensive FTP, PHP, or HTTP operations.
  2. Run independent, unattended server-side processes or any daemons, including (but not limited to) IRCd.
  3. Running any kind of web crawler or indexer.
  4. Running any software that interacts with an Internet Relay Chat network.
  5. Running any BitTorrent application, tracker, or client. You can link to legal torrent files off-site, but you cannot host or store them on our servers.
  6. Participate in any file-sharing or peer-to-peer activity.
  7. Running any game server.
  8. Running entries or another programmed task that are not setup through our control panel.
  9. Giving web space under a domain (including the resellers that give websites).
  10. Operate a website or proxy service.
  11. Hosting remote files for other websites.
  12. Operating self-hosted file synchronization services or similar cloud storage-based services, including (but not limited to) OwnCloud, Pydio, and Sparkleshare.
  • MySQL databases are limited to 1024 megabytes in size. When they reach this size, we will notify you, and you must migrate to a larger service.

 

Ipanel Backups Limit

You will be solely responsible for taking measures to: (1) prevent any loss or damage to the content of your website or server; (2) maintain independent backups and archives of the content of your website or server; and (3) ensure the security, confidentiality, and integrity of all content of your website or server transmitted or stored on our servers.

The Web Hosting Ipanel backup service runs once a day and is kept for up to 30 days. The user agrees to take full responsibility for all transferred files and data and to maintain all necessary backups of the files and data stored on Imagina Software LLC.

  1. Inodes
    The usage of more than 250.000 inodes in any shared account it’s the maximum allowed, and exceeding this limit may cause disk write problems. Accounts with more than 150.000 inodes will be automatically disabled from Backup system; databases will be backed up without any issues, but not the files. Please remember that Inodes are the filesystem limits on a Linux System. Each file (page, image, email, etc.) uses at least 1 inode. The main cause of excessive Inodes it’s keeping the CathAll in the email active, Over time, this generate a large Spam files in your Cpanel default email.
  2. Bandwidth and Disk Space

    All accounts, whether limited or unlimited in disk space and monthly transfer, are subject to a fair usage policy determined by their usage and have additional usage policies, in addition to those mentioned previously for all accounts.
  3. The use of the mentioned resources under the unlimited mode can be carried out as long as it does not degrade the overall service quality and/or negatively affect the user experience of other accounts sharing the same server. Each case will be evaluated individually, and we reserve the right to suspend and/or delete accounts when necessary. You can request an account verification for a detailed report and additional hosting alternatives for the required usage, such as VPS, Dedicated servers, etc. To ensure service quality, unlimited accounts have additional restrictions, including but not limited to the following:
    1. The data in your account must be specifically related to the hosted website. Disk space is not provided for online storage, download services, file distribution sites, backups of data and documents unrelated to the paid account, storage of multimedia files (video, images, audio, etc.) or log files among others that may generate intensive disk usage.
    2. For the same reason mentioned above, the remote connections (external to your application on the hosting) are only allowed for purposes of installing your databases. In our Shared Hosting plans, permanent/persistent connections from desktop applications, remote servers, etc., are not allowed due to the high latency it generates on our networks. If you need to make this type of permanent connection, we recommend one of our virtual private servers VPS or Dedicated Servers.
    3. Databases (MySQL, PgSQL, SQLServer, etc) with an excessive number of tables (Databases with more than 500 tables) or with an excessive size databases (more than 3 GB) negatively impact the performance of the Database system. If this is the case, you will be requested to reduce the number of files, databases, or their size to ensure the proper functioning of the service. Each case will be analyzed individually, and we reserve the right to suspend the service with or without prior notice, depending on the impact on the quality of service.
  4. Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet Protocol) address of servers or of services. Doing so may be considered grounds for service suspension or termination.
  5. Intercepting or attempting to intercept, through any means, network traffic directed to other clients.
  6. Running proxy servers, such as Squid or BNC, unless they are only available to users whose verified contact information is known to the proxy operator and can be disclosed to Imagina Software LLC, or law enforcement authorities upon request. All use of such services must be brought to bring the attention of the security team at Imagina Software LLC, and clarified with the security officer before you begin working with those services.
  7. Any past or present behavior, such as sending unsolicited email, that results in the addition of Imagina Software LLC to any email “Blackhole” lists, or otherwise negatively affects the overall services of Imagina Software LLC, Is ground for service/account termination.
  8. All email lists operated by our customers, whether they are advertising resources on our networks or being sent through our networks, must adhere to "double opt-in" standards.

Domain Register

If you register a domain name with us, you agree that you are also applying to the privacy and/or usage policy of the registrar or specific domain extension, including but not limited to the privacy and data usage policies of ICANN, which can be found at: https://www.icann.org/resources/pages/privacy-2014-10-10-en.


You acknowledge that ICANN and the vast majority of domain registrars make the contact information of the registrant for a specific domain available to the general public. You can modify this data and/or associate it with a different contact than your billing contact in our client area at https://clientes.imaginacolombia.com or by requesting the modification through our support area.

Imagina Software LLC may use cookies during the provision of services on this websites.

  • Reserved for sale through auction, also known as premium registrations.
  • Contact information is rejected or violated specific terms and conditions of a domain extension.
  • If payment for the service (Domain), whether it’s renewal, transfer or registration, is made through an offline payment method such as bank transfer or deposit, you must send proof of this payment to the company’s official communication channels. Email:

    [email protected], Website Chat, WhatsApp Chat at +1 3212522392. This is necessary for confirmation and processing in the system. Otherwise, Imagina will not be responsible for the proper registration or renewal.

Personal Data Protection

Imagina Software LLC, in accordance with the provisions of Law 1581 of 2012 and its regulatory decree, as a responsible custodian and/or data processor, will ensure the security and confidentiality of sensitive or personal data that have been collected and processed in operations such as the collection, storage, use, circulation, and deletion of information received from third parties through various data collection channels.

Important: As providers of third-party information storage and website services, Imagina Software LLC guarantees that information obtained for the purposes of support and/or account administration will be used solely for the administration of the same. No data is disclosed to third parties unless required by law or specifically authorized by the Client.

The user-client understands that each of the web pages hosted on our servers and/or containing databases subject to privacy and/or data processing laws must have its own privacy policy and data management, and it will not be the responsibility of Imagina Software LLC for its treatment.

Data Controller: Administration Department - Imagina Software LLC, Address: Calle 29 #7-54. Telephone: +57 8266499 - +573007826387. Email: [email protected]. The data owner can exercise their right to know, update, rectify, delete, and revoke any authorization from their client area at https://clientes.imaginacolombia.com or by email: [email protected], writing from their authorized email.

 

5 Years Warranty on Website

We are the only ones in the industry offering a 5-year warranty for websites developed by us. We ensure that your website remains functional for up to 5 years from its development.

  • The website must be hosted with Imagina Software LLC.
  • The source code of the website must not have been altered by third parties, and no modules or programming should have been added by personnel outside of Imagina Software LLC.
  • This applies to all websites developed by us using our CMS (Content Management System). All our web page plans for businesses and companies include our default independent content management system developed by Imagina (This does not apply to platforms like WordPress, Joomla, Magento, etc., if one of these platforms has been specifically requested in your application)
  • This does not apply to modules and/or applications that include connectivity with third parties, such as Facebook, YouTube, external APIs, etc., as this connectivity does not depend on our source code, and third-party services may change.
  • It does not include restorations/changes/additions of information or structural changes to your website. For content management plans, you can refer to our monthly management plans.
  • Requests for review may have a response time of between 24-48 hours or more, depending on your case. You can contact our support chat if you have an urgent or specific request for verification.
  • Our development department is available from Monday to Friday, from 8 a.m. to 6 p.m.

 

Note: These terms and conditions of services have been updated as of 10/05/2023. If you have any questions regarding these terms, please contact -Imagina Software LLC, at any of our contact numbers or contact channels.