Terms and Conditions of Use

Table of Contents

1. Services

HostingSSi provides a range of services to its customers. The services and products provided to you by HostingSSi, as set forth on our website, are referred to as "Services". We provide the services based on the description on our website as of the effective date. If we change our website after the effective date, we have no obligation to modify the Services to reflect that change.

Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of these changes.

Domain Names

We resell domain names. When you request the registration of a domain name, your request is transmitted to an ICANN agent. You are subject to the ICANN agents' domain name registration policies and procedures. Because there is often a period of time between your registration request and the actual registration of the domain name, registration of your domain name is not guaranteed. HostingSSi offers a personalized service for each transfer and is always willing to transfer your domain free of charge, but the client must follow these instructions:

.ve Domains: We refer to .ve domains as all domains ending in .ve, i.e.: .com.ve, .net.ve, .org.ve, etc. Transfers of .ve domains are manual. When making transfers, we guide the client through the steps to complete the transfer. This makes the client solely responsible for the domain transfer.

gTLD Domains: We refer to gTLD domains as top-level domains, .com, .org, and .net. gTLD domain transfers are automatic, but in some cases the old provider needs to accept the transfer. HostingSSi cannot be held responsible if the previous provider rejects or cancels the transfer. The client must check the transfer status until the transfer is confirmed. We will make all commercially reasonable efforts to register or update domain names. However, circumstances beyond our control, such as billing issues, may result in your domain name not being registered. Our liability in this case is limited by paragraph 12 below. For this reason, it is your obligation to ensure that your domain name does not expire.

Virtual Private Server (VPS)

If you purchase virtual private server services from us, you also agree to be bound by Part B of this TOS, which provides additional terms and conditions governing our virtual private server services. Part B supplements this TOS. Its provisions do not replace them.

cPanel

Please review section 2.1.1 of the cPanel End User License Agreement (http://cpanel.com/legal-store.html). It is expressly incorporated into this TOS by reference.

Nature of Infrastructure Services

By contracting our services, the Client understands and accepts that HostingSSI exclusively provides technology infrastructure services, which include: servers, network connectivity, control panels, and management tools. The configuration, development, maintenance, updating, and security of applications, websites, databases, and any software installed by the Client are the Client's sole responsibility. HostingSSI does not provide programming, web design, application administration, or application-level technical support services. The resolution of application-level security incidents, such as hacking, malware injections, defacement, or other vulnerabilities in the Client's software, is the Client's sole responsibility, and the Client must have qualified technical personnel (developers, programmers, or system administrators) to manage these aspects.

2. Subscription Plans

HostingSSi offers monthly and annual subscription plans for all its hosting services. Plans renew automatically based on the selected billing cycle. Clients may cancel their subscription at any time by following the procedure described in the Cancellations section. Pricing and features for each plan are available on our website.

3. Contact Information

You are required to provide accurate information when setting up your account, during the course of our relationship, and when contacting us. From time to time, we may need to contact you by email regarding the services. You agree to maintain a working email address that is monitored daily. We have no liability for service interruptions, or damages that may occur, based on misdirected communications resulting from your failure to provide us with current contact information.

4. Terms

All potential clients are subject to payment verification and fraud detection. We are not bound by this TOS until these procedures have been completed to our satisfaction. The "Effective Date" of this TOS shall be the day we verify your payment. This TOS shall commence on the Effective Date and continue for the term set forth on the Services description page (initial term). After the expiration of the initial term, this TOS shall renew for successive periods of equal length (Renewal). If the Services description page does not contain an initial term, the initial term shall be one month.

5. Payments

The invoice is generated 10 days before its due date. The due date is the day of the month on which you enrolled (due date). You are responsible for the fees listed on the description page of the services you purchased, in accordance with the terms set forth on that page. Additionally, certain aspects of the services may be billed by third parties through us. All of these are collectively referred to as "fees".

6. Terminations

Either party may terminate the services to the other no later than 25 days (Web Hosting Plans) or 5 days (VPS Plans) from the expiration of the initial term or renewal term. We reserve the right to terminate this TOS, and suspend or cancel the Services: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay amounts owed. This right of termination shall be without prejudice to any other rights we may have. You are not entitled to any notice or claim. Upon termination, your account will be closed. We have no responsibility to forward email or other communications once your account is closed. Either party may terminate this TOS in the event of a material breach that has not been cured by the other party within 10 days of receipt of written notice of the violation.

7. Cancellations

You may cancel this Agreement at any time by written notice. Cancellations are only accepted through our online cancellation form located in the client area. Please note that if the order form contains a long-term commitment, you will be responsible for all termination charges based on your cancellation. The fact that you cancel this Agreement does not relieve you of responsibility for these charges. If you have a long-term agreement with us, we suggest you contact us before cancelling to determine what your cancellation obligations will be.

8. Money-Back Guarantee

Web hosting services (excluding Domains, SSL Certificates, and VPS) carry a 45-day satisfaction guarantee. To cancel hosting services and receive a refund, you must contact us within 45 days from the effective date of the specific services you wish to cancel, explaining the issues encountered with the service. It is essential for processing refunds that the client's identity data be confirmed as requested by the Administrative Department. Only your monthly or annual fees are refundable. Setup fees, domain registration, SSL certificates, and other one-time charges are non-refundable. Payments will be returned to the same account and/or method through which they were received.

9. Use of Services

The use of the Services is governed by our Acceptable Use Policy (AUP) and privacy policy, which are incorporated into this TOS by reference. In case of discrepancies between this and the acceptable use policy, on one hand, or the privacy policy, on the other, the privacy policy or AUP shall prevail.

The terms "unlimited", "Unlimited", and "flat rate" are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Examples of prohibited uses for an account include, but are not limited to:

• Real-time audio/video (other than that which is incidental to the operation of a website)
• Very large photo galleries (+1GB)
• Storage of a large number of full-size uncompressed files or digital images
• Online File Server (FTP)
• Distribution of large audio or video content, such as MP3 files (+1GB)
• Backups: The Client is responsible for maintaining adequate backups of their data in accordance with Section 25 of these Terms. If the Client has contracted HostingSSI's Backup Service, it is their responsibility to verify that backups are being performed correctly and that the data is not corrupt. Regardless of the service contracted, the Client must maintain additional offsite copies of their critical data.
• Online backups (i.e., desktop/laptop backup, files, or anything not directly related to the website)
• Exceeding the maximum limit per email account (+1GB)

You may not place an excessive load on our processors, servers, or other resources, including our customer service. You understand that bandwidth, connection speed, and other similar capacity metrics have maximum numbers. Consistently reaching these maximum numbers may result in our need to impose restrictions on your use of the Services.

You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have adequate technical expertise to understand how to implement the services. This cooperation is framed within the scope of infrastructure services described in Section 1. Requests for application-level assistance, such as code debugging, hack remediation, CMS configuration, or custom development, are outside HostingSSI's support obligations.

You are responsible for all long-distance and/or connection charges associated with the Services. You are responsible for fees once our services are made available to you. It is your responsibility to ensure that you can connect with us to use the Services.

• HostingSSi does not allow pornographic material.
• HostingSSi does not allow unsolicited emails and requires that mailing list managers include at least one unique unsubscribe method in each email. We reserve the right to limit incoming or outgoing emails at any time.

HostingSSi reserves the right to cancel your account at any time without a refund. Reasons for termination include, but are not limited to:

• Machine abuse — whether intentional or due to incorrect coding.
• Committing or promoting any type of illegal activity including fraud, mail attacks, denial of service attacks, storage and/or hosting and/or linking to illegal content.
• Services for illegal drug trafficking, gambling, and/or obscene materials.
• Services to misappropriate or infringe on patents, copyrights, trademarks, or other intellectual property rights of any third party.
• HostingSSi reserves the right to cancel your account if at any time your site contains pornography and/or nudity of any kind, including but not limited to adult pornography, Hentai, child pornography, "adult content" and/or writings of a sexual nature.
• Use of advertising servers, attempts to circumvent the quota system, certain podcasting sites, use of torrent software, proxies, excessive use of resources.
• Attempts to circumvent any of our policies, procedures, or security systems.

You have read and accept the policies described in HostingSSi's Support Policy, which is incorporated into this TOS by reference.

Technical Support Scope: Technical support provided by HostingSSI is limited exclusively to infrastructure matters, including: server availability, network connectivity, control panel access, DNS configuration, and the functioning of provided management tools. Application-level issues, including but not limited to: CMS configuration (WordPress, Joomla, Moodle, etc.), plugin or theme compatibility, code errors, application security breaches, malware removal, website performance optimization, and custom development, are outside the scope of HostingSSI's support. HostingSSI may, at its sole discretion, offer limited guidance on such matters, but assumes no obligation to resolve them.

10. Licenses and Intellectual Property

HostingSSi grants you a non-exclusive, non-transferable, worldwide, royalty-free license to use the technology provided by HostingSSi, exclusively to access and use the Services. This license terminates upon expiration or termination of this TOS. Except for the license rights set forth above, this license does not grant you any additional rights. All rights, title, and interest in HostingSSi's technology shall remain with HostingSSi or its licensors. You are not permitted to circumvent any device intended to protect HostingSSi or its licensees. Additionally, you may not reverse engineer this technology.

We may provide technical support, execution, customer service, and administrative information for you. This information is not confidential. We may use this information, as well as aggregate information obtained from the operation of our business in general, to improve or create new products and services. We will be the exclusive owners of this intellectual property.

You grant HostingSSi, and the third parties used by HostingSSi to provide the services, a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, and transmit your content, technology, and information provided by you on your website. This license terminates upon expiration or termination of this TOS. All rights, title, and interest in your technology shall remain with you or your licensors.

11. HostingSSi Representatives and Warranties

HostingSSi warrants that it will perform the Services in accordance with other similarly situated companies. To make a warranty claim, you must notify HostingSSi in writing within 30 days of the alleged breach. Your sole remedy, and HostingSSi's sole obligation, in the event of a breach of warranty is, at HostingSSi's option: (i) to re-perform the services; or (ii) to issue a credit based on the amount of time the services were not in conformity with this warranty.

We reserve the right to refuse or provide service to any person. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service, may be removed from our servers (or disabled), with or without prior notice.

Services provided by third parties are expressly excluded from this warranty.

HostingSSI's warranty to perform Services in accordance with similarly situated companies applies exclusively to infrastructure services (servers, connectivity, control panels) and does not extend to the functionality, security, performance, or availability of applications, websites, or software deployed by the Client on HostingSSI's infrastructure.

12. Your Representations and Warranties

You represent and warrant to HostingSSi that: (I) you have the necessary experience and knowledge to use the Services; (II) you understand and appreciate the risks inherent to you, your company, and yourself that come from using the Services, in particular, and doing business on the Internet in general; (III) you will provide us with material that can be implemented by us to provide the Services without additional effort on our part; (IV) you have sufficient knowledge about the administration, design, and operation of the functions facilitated by the Service to take advantage of it; (V) you have, or will engage, qualified technical personnel (developer, programmer, or system administrator) capable of configuring, maintaining, and securing applications, websites, and software hosted on HostingSSI's infrastructure; (VI) you understand that HostingSSI's support is limited to infrastructure matters as described in Section 1 and Section 9, and does not cover application code, CMS configuration, plugin or theme issues, hack remediation, or custom development; and (VII) that if the content hosted on your account is compromised (hacked, defaced, infected with malware), remediation and recovery are your sole responsibility, and HostingSSI's obligation is limited to ensuring infrastructure availability for the Client's technical team to perform the corresponding repairs.

13. Disclaimers

THE SERVICES ARE PROVIDED AS IS AND ON AN AS-AVAILABLE BASIS. OTHER THAN WHAT IS STATED HEREIN, HostingSSi MAKES NO WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND TITLE. HostingSSi DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS DISCLAIMER OF WARRANTY extends to any oral or written information you may have received from HostingSSi, its employees, third-party providers, agents, or affiliates. You may not rely on such information.

SOME LAWS DO NOT ALLOW HostingSSi TO EXCLUDE certain warranties. IF this applies to you, your warranty is limited to 90 days from the effective date.

14. Limitation of Liability

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of everything you receive through the Internet. You agree that HostingSSi has no liability, of any kind, for the content that you or your clients access from the Internet.

HostingSSi makes no warranty that the services will be uninterrupted or continuous, that you will be able to access the HostingSSi network at any given time, that data transmitted will be accurate, error-free, virus-free, and secure. You acknowledge that it is your responsibility to maintain backups of your data in accordance with Section 25 of these Terms. If the Client has contracted HostingSSI's Backup Service, the responsibility for verifying backup integrity lies with the Client as described in Section 25.5. HostingSSi is not responsible for any data loss, for any reason. HostingSSi is not responsible for unauthorized access to, or any corruption, deletion, theft, destruction, alteration, or inadvertent disclosure of data stored on its network.

IN THE EVENT OF LIABILITY, HostingSSi SHALL NOT EXCEED THE TOTAL FEES ACTUALLY RECEIVED BY HostingSSi FOR THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HostingSSi OR ITS LICENSEES, AGENTS, EMPLOYEES, OFFICERS, AND/OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA, OR USE, OR ANY OTHER ECONOMIC LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT OF THE LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless HostingSSi and its parent, subsidiaries and affiliates, third-party service providers, and each of their respective officers, directors, employees, shareholders, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising from or related to: (I) your use of the Services; (II) any violation by you of any HostingSSi policies; (III) any breach of any of your representations, warranties, or covenants contained in this TOS; and/or (IV) any act or omission on your part. The terms of this section shall survive the termination of this Agreement.

HostingSSi shall indemnify and hold harmless from, and at its own expense undertake to defend, or at its option to settle any claim, suit, or proceeding threatened or brought against you to the extent it is based on the assertion that a product or service provided by HostingSSi infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services wholly owned by HostingSSi. It does not extend to products or services provided by third parties.

16. Notices

Notices will be sent to the address you provide us. It is your obligation to ensure that we have the most current address for you.

Please visit our website, https://www.hostingssi.com, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other HostingSSi policies should be directed in writing to:

17. Maintenance Policy

HostingSSi offers a 99.9% uptime guarantee. This guarantee excludes scheduled maintenance periods as described in our Maintenance Policy.

18. Force Majeure

Except for the obligation to pay money owed, neither party shall be liable for any delay or failure in performance due to events beyond the reasonable control of the party, including, without limitation: acts of God, bandwidth interruptions, earthquakes, labor disputes, construction material shortages, riots, wars, fires, epidemics, or delays by public transportation companies or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall extend for a period of time equal to the period of the excused delay. The affected party shall notify the other party as soon as possible, but in no event less than ten days from the onset of the event.

19. Choice of Law and Jurisdiction

The validity, interpretation, and enforcement of this TOS, and of the agreements and policies applicable to the Services, shall be controlled and construed under the laws of the Bolivarian Republic of Venezuela. You agree that jurisdiction and venue are proper in the state courts located in Venezuela. The parties specifically waive the United Nations Convention on Contracts for the International Sale of Goods.

20. All Claims

All claims you bring against us must be resolved in accordance with this TOS. Without limiting the foregoing, this includes claims based on service interruptions that are expressly covered by our SLA. All claims filed or raised contrary to these Conditions shall be deemed improperly filed and a violation of this TOS. If you file a claim against this TOS, we may recover attorneys' fees and costs.

21. Waiver

Waiver of rights under this TOS, or any HostingSSi policy, or an agreement between you and HostingSSi shall not constitute a subsequent waiver of this or any other right under this TOS.

22. Assignments

This TOS may be assigned by HostingSSi. It may not be assigned by you. This TOS shall bind and inure to the benefit of the parties' successors and authorized corporate assignees.

23. Severability

In the event that any of the terms of this TOS become or are declared illegal or unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this Agreement shall remain in full force and effect.

24. Survival

Sections 11, 12, 13, 14, 15, 18, 19, 22, 23, and 25 shall survive the termination of this Agreement.

25. Data Backups and Client Responsibility

Proper backup management is a fundamental part of any business continuity and disaster recovery strategy. HostingSSI offers a Backup Service (included in certain plans or available as an add-on) designed to facilitate the Client's data protection. However, as with any technology infrastructure, maintaining adequate backups is not simply about creating copies of data, but encompasses a comprehensive set of responsibilities that include the creation, verification, retention, and documentation of backups. The Client must know and apply backup and disaster recovery best practices to ensure the integrity of their information. Failure to comply with these responsibilities may result in irreversible data loss.

Backup Creation and Frequency

• Perform complete backups of all hosted content (files, databases, configurations, emails) at a minimum weekly frequency, or more frequently based on the criticality of the data.
• Maintain multiple backup versions (minimum 3 recent versions) to allow restoration to different points in time.
• Perform a complete backup before any update, configuration change, plugin/theme installation, or significant website modification.
• Verify that each backup completes successfully and that the resulting file is not corrupt or empty.

Offsite and Offline Retention

• Maintain at least one backup copy outside of HostingSSI's servers (local storage, external cloud service, or other independent media).
• Keep at least one backup copy on offline media (external hard drive, USB, or other media not connected to the internet) as protection against ransomware and other attacks.
• As a disaster recovery best practice, it is recommended not to rely on a single backup source. HostingSSI's Backup Service is a valuable tool, but maintaining additional copies in independent locations significantly strengthens the Client's data protection strategy.
• Ensure geographic separation between production data and at least one backup copy.

Restoration Testing and Verification

• Perform complete restoration tests at least every 90 days to verify that backups are functional and that data can be successfully recovered.
• Verify the integrity of restored files, including website functionality, database consistency, and completeness of multimedia files.
• Confirm that databases import correctly and that table relationships remain intact.
• Document the results of each restoration test, including date, duration, problems encountered, and corrective actions.

Recovery Procedures and Documentation

• Develop and maintain an up-to-date written Disaster Recovery Plan that includes step-by-step procedures for service restoration.
• Define clear Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO) appropriate for your business.
• Identify and prioritize critical data and services that must be restored first in the event of an incident.
• Maintain emergency access credentials and technical documentation necessary for restoration in a secure and accessible location.

HostingSSI Backup Service

HostingSSI offers a Backup Service designed to facilitate Client data protection. This service may be included in the contracted plan or available as an add-on (not all plans include it; for example, VPS plans require the service to be contracted separately). The following describes how the service works and the Client's responsibilities within their backup and disaster recovery protocol:

• How it works: When the Backup Service is active, backups are performed automatically at regular intervals. The Client can view available backups, initiate restorations, and download copies from their service control panel.
• Verification: As part of a solid disaster recovery protocol, the Client must periodically verify that backups are being generated correctly, that data is complete, and that files do not present errors or corruption.
• Restoration testing: It is recommended that the Client periodically perform restoration tests to confirm that backed-up data can be successfully recovered and that restored content functions as expected.
• Client responsibility: Verification and validation of backups is the Client's responsibility. If the corresponding verifications are not performed and a backup turns out to be missing, incomplete, or corrupt, HostingSSI shall not be liable for any resulting data loss.
• Complement, not substitute: The Backup Service complements the Client's data protection strategy but does not replace the need to maintain their own backup copies in offsite and offline locations, as described in this section.
• Service modifications: HostingSSI may adjust the frequency, retention period, storage method, and technical implementation of the Backup Service. Relevant changes will be communicated to clients.

Limitation of Liability for Data Loss

HostingSSI shall not be liable under any circumstances for the loss, corruption, deletion, or inaccessibility of Client data, regardless of the cause, including but not limited to:

• Hardware or software failures on the servers.
• Security attacks, malware, ransomware, or unauthorized access.
• Human errors by HostingSSI staff or the Client.
• Natural disasters, power outages, or force majeure events.
• Failures in the Backup Service or other backup systems, especially in cases where the Client has not complied with the verification and testing protocols described in Section 25.5.
• Cancellation, suspension, or termination of the Client's account.

By accepting these Terms, the Client acknowledges the importance of implementing a complete backup and disaster recovery protocol. HostingSSI provides the Backup Service as a tool to facilitate data protection, but the responsibility for verifying backups, testing restorations, and maintaining additional copies lies with the Client. Data loss resulting from failure to comply with these practices is entirely at the Client's risk.