Terms of Service

All Users of services provided by DataMambo/Netwave Equipment Corporation (the “Provider”, “DataMambo/Netwave Equipment Corporation” or “We”), by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

This Agreement is made between DataMambo/Netwave Equipment Corporation. Registered Office:  Avenida de la Constitución #316 San Juan Puerto Rico and the User (as defined herein below).
The following constitute the terms and conditions under which DataMambo/Netwave Equipment Corporation trades and supplies its Services and related products. These conditions, in conjunction with the details as shown on the DataMambo/Netwave Equipment Corporation Order Form (where completed) represent the totality of the agreement and form the Contract between DataMambo/Netwave Equipment Corporation and the User (the “Contract”).
Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. DataMambo/Netwave Equipment Corporation is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.

1. Definitions
   In this Contract unless the context otherwise requires:
   1.1 “Bandwidth” means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract.
   1.2 “Charges” means the charges as agreed on the Order Form (where completed) and DataMambo Equipment Corporation’s latest published prices for products and services requested or incurred by the User.
   1.3 “Contract” means the agreement between DataMambo/Netwave Equipment Corporation and the User incorporating these conditions, the DataMambo/Netwave Equipment Corporation Order Form (where completed) and DataMambo Equipment Corporation’s published charges for the provision of its services; References to “Agreement” shall, where the context admits, be read as referring to the Contract.
   1.4 “Data Transfer” means all traffic that passes through the Website or Hosted Virtual Server including specifically but not exclusively web traffic, email, FTP transfers and any shell session data.
   1.5 “Equipment” means equipment which is supplied by or on behalf of DataMambo/Netwave Equipment Corporation to the customer or placed at or on a Site for the purpose of providing Service.
   1.6 “Extension Term” means each successive period of twelve (12) months after the Initial Contract Term.
   1.7 “Initial Contract Term” means the initial period of service as specified in Section 6.
   1.8 “Internet” means the global data network comprising Internet connected networks using TCP/IP (Transmission
   Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate.
   1.9 “DataMambo Equipment Corporation” means DataMambo Equipment Corporation, Registered office:  Avenida de la Constitución #316 San Juan PR 00901.
   1.10 “Service” or “Services” means domain name registration, website hosting, bandwidth provision, email and any other web hosting related service or facility provided by us to you.
   “Server” means the computer Server equipment operated by us or provided by you in connection with the provision of the Services.
   1.11 “Site” means the premises or location at which Service is or is to be provided under this Contract.
   1.12 “User” means you, the Customer or the Client, or any person who makes use of the Services though you or on your behalf or representation.
   1.13 “Virtual Server” means the virtual Server environment operated by us or provided to you in connection with the provision of the Services.
   1.14 “Website” means the area on the Server allocated by us to you for use by you as a site on the Internet.
2. Lawful Purpose and Accepatble Use
   2.1  Client may only use the Provider’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. The Provider strongly encourages you to choose carefully what you place on the Server for distribution over the Internet. What you may not consider to be pornographic may be ruled as such in another jurisdiction. The Provider reserves the right to remove any material that it deems to be obscene, pornographic, etc. We will not knowingly host any site that has sexually oriented materials.
   Our Servers exist to serve commercial web sites and Servers only, and their associated utilities.
   2.2 The following are PROHIBITED AND NOT ALLOWED on our Servers:
   • Adult or Sexually oriented materials of any kind.
   • IRC clients, Servers or bots.
   • Bulk e-mail to or from our Servers.
   •  Sending unsolicited e-mails (spam). Spamming, or the sending of unsolicited email, from a DataMambo/Netwave Equipment Corporation Server or using an email address that is maintained on a DataMambo/Netwave Equipment Corporation machine.
   •  Receiving responses to bulk e-mails from any other location.
   •  Any program that has an adverse affect on other users.
   •  Any program that we feel poses a security risk.
   •  Any program that we feel is inappropriate on our Servers.
3. Domain Name Registration
   3.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
   3.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
   3.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
   3.4 We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
   3.5 DataMambo/Netwave Equipment Corporation shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due to us at that time for whatever reason has been received by us.
   3.6 If payment is not received for any domain name DataMambo/Netwave Equipment Corporation may delete or retain the domain for further sale.
4. Reselling
   4.1 You are not permitted to resell the DataMambo/Netwave Equipment Corporation service without the express permission of DataMambo Equipment Corporation. Reselling of the DataMambo/Netwave Equipment Corporation service will bring you into default unless otherwise agreed.
5. DataMambo/Netwave Equipment Corporation Service
   5.1 Connection to the DataMambo/Netwave Equipment Corporation Service is via a fixed telecommunications link or VPN connection via the Internet. This Contract does not include the provision of telecommunications services necessary for connection to the DataMambo/Netwave Equipment Corporation Service.
   5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.
   5.3 DataMambo/Netwave Equipment Corporation will use all reasonable endeavors’ to adhere to any dates proposed by either DataMambo/Netwave Equipment Corporation or you for the provision of Service; however any such date is to be treated as an estimate only and DataMambo/Netwave Equipment Corporation accepts no liability for failure to meet such dates.
   5.4 DataMambo/Netwave Equipment Corporation will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and DataMambo/Netwave Equipment Corporation does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone fax or electronic mail to DataMambo Equipment Corporation’s Technical Support at the appropriate numbers or addresses or other such numbers or addresses that DataMambo/Netwave Equipment Corporation may from time to time provide. Upon receipt of the fault report, DataMambo/Netwave Equipment Corporation will take all proper steps without undue delay to correct the fault. DataMambo/Netwave Equipment Corporation shall not, in any event, be liable for interruptions of Service or downtime of a Server.
   5.5 DataMambo/Netwave Equipment Corporation may:
   5.5.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. DataMambo/Netwave Equipment Corporation undertakes to use reasonable endeavors to restore Service as soon as practicable after any such suspension,
   5.5.2 give or update instructions regarding the use of Service which in DataMambo Equipment Corporation’s reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to DataMambo Equipment Corporation’s customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,
   5.5.3 vary the technical specification of Service for operational reasons.
   5.6 DataMambo/Netwave Equipment Corporation Service Level Agreement for Shared Website Hosting, Virtual Office Server, Virtual Linux Server, Virtual Windows Server.
   5.6.1 Service Availability – DataMambo EQUIPMENT CORPORATION’s Service Level Agreement (SLA) is to have the Hosted Virtual Servers available 99.9% of the time.
   5.6.2 Service Level Agreement – At the Customer’s request, DataMambo/Netwave Equipment Corporation will calculate the Customer’s “Service Unavailability” in a calendar month. “Service Unavailability” consists of the number of minutes that an Hosted Virtual Server located in our data centre was not available to the Customer in excess of the 0.1% permitted unavailability, and includes unavailability associated with any maintenance at any DataMambo/Netwave Equipment Corporation node other than Scheduled Maintenance. Outages will be counted as Service Unavailability only if the Customer reports an outage to DataMambo/Netwave Equipment Corporation support by telephone, fax or email within five days of the outage. Service Unavailability will not include Scheduled Maintenance, unavailability of individual Services (such as email, webserver or other userconfigurable application) or any unavailability resulting from (a) the Customer’s applications, equipment, or facilities, (b) acts or omissions of the Customer, or any use or user of the Service authorized by the Customer or (c) reasons of Force Majeure or other circumstances beyond DataMambo/Netwave Equipment Corporation reasonable control (as defined in Section 14 of these terms).
   5.6.3 Compensation – For each complete hour of Service Unavailability, in excess of the 0.1% permitted unavailability, in any calendar month, at the Customer’s request the Customer’s account shall be credited for the pro-rated charges for one day of the DataMambo Equipment Corporation’s Monthly Fee for the Service with respect to which this SLA has not been met.
   5.6.4 Scheduled Maintenance – “Scheduled Maintenance” shall mean any maintenance at any DataMambo/Netwave Equipment Corporation node of which the Customer is notified 48 hours in advance, and maintenance that is performed during a standard maintenance window on weekdays from 2 AM to 6 AM AST on any DataMambo/Netwave Equipment Corporation Server.
   5.6.5 The Customer is solely responsible for providing DataMambo/Netwave Equipment Corporation with accurate and current contact information for the Customer’s designated points of contact. DataMambo/Netwave Equipment Corporation will be relieved of its obligations in this agreement if DataMambo Equipment Corporation’s contact information for the Customer is out of date or inaccurate due to the Customer’s action or omission or if DataMambo Equipment Corporation’s failure is due to reasons of Force Majeure or other circumstances beyond DataMambo Equipment Corporation’s reasonable control (as defined in Section 14 of these terms).
6. Commencement and Initial Period of Service
   The Service shall be for an initial period of _______ (__) months, commencing on the date wher the Order Form is completed (the “initial Period of Service”) as specified on the Order Form (where completed). The Service, unless otherwise agreed on the Order Form (where completed), shall be provided for an Initial Contract Term of twelve months. The Initial Contract Term shall commence upon connection. Connection shall be deemed to be effected when the link is first live to the Website or Hosted Virtual Server or other such point as requested by you, to the DataMambo/Netwave Equipment Corporation network.
7. Bandwidth Use
   If the bandwidth or speed of Service used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.
8. Content and Misuse
   8.1 You will use all reasonable endeavours to ensure that the DataMambo/Netwave Equipment Corporation Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring DataMambo/Netwave Equipment Corporation into disrepute.
   8.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within Sections 4 and 5 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.
9. Charges and Payment
   The Client agrees to pay the charges on the following terms:
   9.1 All Charges shall become due and payable to DataMambo/Netwave Equipment Corporation at the times and the stages specified in the Payment Schedule or the Order Form.
   9.2 The Client shall pay any additional charges which are agreed between DataMambo/Netwave Equipment Corporation and the Client for the provision of the Services within 7 days after completion of the Services and the Client shall also pay such additional charges which are in DataMambo Equipment Corporation’s sole discretion required as a result of the Client’s instructions or lack of instructions, delay in providing or the inaccuracy of any Supplied Material or any other cause attributable to the Client
   9.3 In the event of late payment the Client shall pay interest on the amount of the Charges outstanding at the rate of 7% above the base lending rate from time to time.
   9.4 If any payment remains overdue DataMambo/Netwave Equipment Corporation reserves the right to immediately remove the Client’s Hosted Virtual Server from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding Charges and interest. If such a suspension is imposed, you will be liable for a “reconnection” charge of $200.00.
   9.5 The Client shall be liable for and shall indemnify DataMambo/Netwave Equipment Corporation against all costs and expenses incurred by DataMambo/Netwave Equipment Corporation in respect of any steps, actions or proceedings made or brought against the Client by DataMambo/Netwave Equipment Corporation to obtain payment of outstanding Charges and interest.
   9.6 All payments must be in US dollars unless otherwise agreed in writing. If any check from the Client is returned by the bank as unpaid for any reason the Client will be liable for an administration fee of $50.00
   9.7 You acknowledge that our Services are provided using facilities provided to us by third parties; DataMambo/Netwave Equipment Corporation shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.
10. Default
    10.1 If you do not pay the charges in accordance with the provisions of clause 8 of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings DataMambo/Netwave Equipment Corporation can (without prejudicing, losing or reducing any other right or remedy) suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay charges for Service), or terminate this Contract by immediate notice, without prejudice to DataMambo Equipment Corporation’s pre-existing rights.
    10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings under the Federal Laws of the United States of America, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.
    10.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.
    10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Website or Hosted Virtual Server and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Website or Hosted Virtual Server as we see fit.
    10.5 For so long as any sum due to DataMambo/Netwave Equipment Corporation hereunder is unpaid or any other amount is due to or properly claimed by DataMambo/Netwave Equipment Corporation from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, DataMambo/Netwave Equipment Corporation shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by DataMambo/Netwave Equipment Corporation or by its agents until such time as all amounts due to DataMambo/Netwave Equipment Corporation are paid and/or any issue between you and DataMambo/Netwave Equipment Corporation is determined.
    10.6 If DataMambo/Netwave Equipment Corporation waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by DataMambo/Netwave Equipment Corporation in acting upon a breach is not to be regarded in itself as a waiver.
11. Termination of Service
    11.1 Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter. If DataMambo/Netwave Equipment Corporation gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges as provided in sub clause
    11.2 DataMambo/Netwave Equipment Corporation reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination.
    11.3 After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days prior written notice of termination, but subject to sub clause 10.4.
    11.4. Your notice does not avoid any other liability for Service already provided.
    11.5 The Contract is a yearly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.
12. Notices
    Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
13. Matters beyond DataMambo/Netwave Equipment Corporation control
    Matters beyond DataMambo Equipment Corporation’s reasonable control DataMambo/Netwave Equipment Corporation is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
14. Liability
    14.1 You acknowledge that DataMambo/Netwave Equipment Corporation has no control over the information transmitted via the Service and that DataMambo/Netwave Equipment Corporation does not examine the use to which you put the Service or the nature of the information you are sending or receiving. DataMambo/Netwave Equipment Corporation hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
    14.2 DataMambo/Netwave Equipment Corporation undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
    14.3 DataMambo/Netwave Equipment Corporation is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
    14.4 DataMambo/Netwave Equipment Corporation makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.
    14.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 14.6.
    14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
    14.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
    14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
    14.9 DataMambo/Netwave Equipment Corporation CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, sabotage, embargo, fire, flood, disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
15. Indemnity
    Client agrees that it shall defend, indemnify, save and hold the Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against the Provider, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless the Provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Provider’s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement; (iv) any defective product which Client sold on the Provider Server; and (v) howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
    Under no circumstances, including negligence, shall the Provider, its offices, agents or any one else involved in creating, producing or distributing the Provider’s Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Provider’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on the Provider’s Service.
16. Intellectual Property Rights
    You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
17. Assignment
    You may assign all or part of this Contract to any other party only with the prior written agreement of DataMambo Equipment Corporation. DataMambo/Netwave Equipment Corporation reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of DataMambo Equipment Corporation.
18. Law
    This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and you hereby submit to the non-exclusive jurisdiction of the United States of America.
    The parties do not intend that an independent contractor relationship will be created by this Contract, and that no partnership, joint venture or employee/employer relationship intended by the same.
19. Headings
    Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
20. Entire Agreement
    These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.