1. GENERAL INFORMATION

This Hosting Agreement (this “Agreement”) is entered into between Bizplin and you, and will become effective upon your electronic acceptance. This Agreement sets forth the terms and conditions for your use of Bizplin’s hosting services (the “Services”), and represents the complete agreement between you and Bizplin regarding the subject matter of this document.

Your electronic acceptance of this Agreement means that you have read, understood, acknowledged, and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated by reference, and any other agreements or policies expressly incorporated into this document.

The terms “we,” “us,” or “our” refer to Bizplin. The terms “you,” “your,” “User,” or “Client” refer to any person or entity accepting this Agreement. Nothing in this Agreement is intended to confer rights or benefits to third parties.

We may, at our sole and absolute discretion, change or modify this Agreement and any incorporated policies or agreements, as well as any limitations or restrictions on the Services, at any time, and such changes or modifications will become effective immediately upon being posted on this Site. Your use of the Services after such changes or modifications will constitute your acceptance of the latest revision of this Agreement and the limitations of the Services. If you do not agree to be bound by this Agreement and the Service limitations as per the latest revision, do not continue using the Services. Occasionally, we may notify you of changes or modifications to this Agreement by email. Therefore, it is very important that your buyer account information is up-to-date. We will not assume any responsibility if you do not receive an email notification due to an incorrect email address you provided.

2. DESCRIPTION OF SERVICES

We offer several hosting service plans: Cloud Server. If you purchase a Cloud Server, you will share a cluster server with other clients but will have full control over your server space and the complete configuration of your virtual instance on the server. You will have root administrator access and a dedicated IP address.

Web Hosting. If you purchase Web Hosting, your site will be placed on one or more servers, and the resources will be shared among many clients on the same servers; however, your site will receive a unique (DNS) address.

Managed WordPress Hosting. If you purchase Managed WordPress Hosting, you get a simplified and optimized experience for building and managing WordPress sites while we handle the basic administrative tasks of hosting, including WordPress installation, automatic daily backups, major WordPress updates, and server-side caching.

Virtual Private Server (“VPS”). If you purchase a VPS, you will share a server with other clients, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have root administrator access and a dedicated IP address.

Dedicated Server. If you purchase a Dedicated Server, a complete server will be reserved exclusively for your account and use. You will have exclusive rights to your server’s bandwidth, memory, and storage, and your server’s performance will not be affected by other clients’ traffic and usage patterns.

Managed Hosting. If you purchase Managed Hosting, you will get all the benefits of having your own VPS or Dedicated Server, but we will manage the server for you, including configuring your control panel, patch cycles, and backups.

Hosting Migrations. If you have your domain name registered with us, and the web hosting associated with the domain is provided by a third-party provider, we may, at your request and at our discretion, attempt to help you move the web hosting for the domain to us (“Hosting Migration”). Hosting migrations are provided as a courtesy service, and we do not guarantee the availability, feasibility, or time required to complete a hosting migration. Each hosting company is set up differently, and some hosting platforms store data in an incompatible or proprietary format, which may prevent us from assisting with data transfer from a third-party provider.

You are solely responsible for reviewing the functionality and accuracy of the migrated content in its new location after a hosting migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain to publish the website at its new location. We will not back up or compress website files in relation to a hosting migration, and we recommend that you back up your website hosted by the third-party provider before the migration to avoid losing any data. You agree not to make changes or revisions to your website during the migration process.

You agree that we are not responsible for any delays in resolving the website or data loss related to your hosting migration. Hosting migrations are not available for websites with more than 10GB of data or more than 100,000 files.

We may install a plugin on your external WordPress site to facilitate your migration of WordPress to our managed WordPress hosting environment. This plugin will not alter anything on your source site. Its purpose is to assist in the migration of your WordPress hosting files. You may disable the plugin on your source site once the hosting migration is completed.

If we determine that any technical support request falls outside the scope of your plan, you may request personalized technical support services (Specialized Support by Request or Remote Support) in thirty (30) minute increments for a fee, or on a per-service basis, which we will quote to you before providing such support. If you choose to use these services, we reserve the right to charge all or part of the fees prior to beginning the work. Fees for these services are non-refundable. You must notify us within fourteen (14) days of the delivery of the Specialized Support by Request or Remote Support if there are any issues. We are not responsible for, and will not provide support for, any issues that arise after this fourteen (14) day period.

Premium WordPress Technical Support (“WP”). If you decide to use Premium WP Technical Support services (as a subscription or one-time service), we reserve the right to charge the full or part of the fees for such services before starting the tasks. All services, whether subscription or one-time, are included as a “best-effort service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible and will not provide support regarding issues arising after fourteen days of using any Premium WP Technical Support services.

We may install a plugin on your hosted WordPress site to facilitate Premium WP Technical Support services. Its purpose is to assist with the requested changes and maintenance of your WordPress files. The plugin allows us to access and automate the updates of core files, other plugins, themes, and other files related to the maintenance of your site.

CloudTech Services. The CloudTech one-step malware removal service offers customers affected by malware or other malicious attacks a professional removal option. The services are performed through (S)FTP or (SSH) access. Remote scans can detect the following types of infections: Obfuscated JavaScript injections, cross-site scripting (XSS), website defacements, hidden malicious iFrames, PHP mailers, phishing attempts, malicious redirects, backdoors (e.g., C99, R57, Webshells), hijacks, hidden downloads, social engineering attacks, Blackhat SEO spam, Pharma Hacks, conditional redirects, mobile redirects. You agree to allow CloudTech and the third-party security partner access to your servers for malware resolution and post-service verification. The CloudTech one-step malware removal service includes only the services specified in the CloudTech order. Once Media Temple begins providing the CloudTech one-step malware removal service, all fees are NON-REFUNDABLE. We reserve the right, at our discretion, to close any CloudTech order at any time, for any reason, or for no reason, without prior notice.

The CloudTech security package is a monthly subscription service offering proactive security alerts and monitoring, including professional malware removal. Proactive security monitoring: CloudTech schedules automated scans on up to 5 domains’ servers for vulnerabilities. Remote scans can detect the following types of infections: Obfuscated JavaScript injections, cross-site scripting (XSS), website defacements, hidden malicious iFrames, PHP mailers, phishing attempts, malicious redirects, backdoors (e.g., C99, R57, Webshells), hijacks, hidden downloads, social engineering attacks, Blackhat SEO spam, Pharma Hacks, conditional redirects, mobile redirects. Alerts: Malware incidents detected by scheduled scans trigger malware cleanup processes handled by CloudTech and a third-party security partner. Customers are notified about the incident status via a support request. As part of your subscription, you are entitled to 2 malware cleanups per month for each monitored domain. You agree to allow the CloudTech security partner and third-party access to your servers. The services are performed through (S)FTP or (SSH). The CloudTech security package service includes only the services specified in the CloudTech security package order. We reserve the right, at our discretion, to close any CloudTech security package order at any time, for any reason, or for no reason, without prior notice.

Storage Capacity. The total usable storage capacity for your specific hosting service(s) may differ from the represented capacity, as space is required for the operating system, system files, and other support files.

3. LIMITATIONS; ACCOUNT TERMINATION

Server Migration. You acknowledge and agree that, as part of normal business operations, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not guarantee that you will be able to consistently maintain your assigned IP numbers.

Termination of Services. You acknowledge and agree that upon the expiration or termination of your Services, you must cease using the Services and relinquish the use of the IP addresses and server names assigned to you in connection with the Services, and you must also remove your domain name from our servers’ Domain Name System (“DNS”). Prior to the termination of the Services, you are responsible for removing your website or content from our servers. We will not FTP or transfer your website content to another provider. If you do not remove your website or content from our servers before cancellation, all such content will be deleted, and we will not be able to provide a copy of that content.

Free Product Credits. Upon termination of the Services, all free products provided as part of the Services will be canceled or revoked.

Notice Regarding Licensed Images on Migration or Export (When Available). Subject to all other applicable license terms and conditions, images available and authorized for use are intended solely for Bizplin-hosted clients and are subject to the terms and conditions of intellectual property rights and third-party license restrictions. To the extent that you wish to export or migrate the hosted product or service to another service provider (if available as an option), it is your sole responsibility to ensure your continued right to use any image incorporated herein, and you acknowledge and agree that Bizplin does not guarantee and will not be held liable for any claims resulting from your continued use after migration and/or termination (whichever occurs first).

4. YOUR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

Justification. You acknowledge and agree that we have the right to seek justifications regarding your use of the Services, specifically your purchase of IP addresses, and you will be required to provide any information reasonably requested in connection with such justification. Regarding this purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including but not limited to the American Registry for Internet Numbers, in accordance with the policies enacted by any of those registries, and that this information may be publicly displayed in the WHOIS database.

Abusive Activities and Other Threats. You acknowledge and agree that you will not use our servers or your website as a source, intermediary, return address, or destination for mail bombs, packet saturation or corruption, denial of service, or other abusive activities that threaten the stability of our network or damage or disrupt the internet services of Bizplin, our clients, or third parties. Hacking the server or any other perpetration of security breaches is prohibited, and we reserve the right to remove sites that contain hacking information or links to such information. The use of your website as an anonymous portal is prohibited. We prohibit the use of software or codes on our servers that cause the server load to exceed a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if it is in violation of this agreement or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this agreement. You agree and acknowledge that Bizplin reserves the right to scan your hosted account to ensure it does not contain malicious content (e.g., malware), and if such content is found, it may be removed at Bizplin’s discretion for security reasons.

In addition to the general conduct rules outlined in our Universal Terms of Service, you agree not to engage in unacceptable use of the services, including but not limited to using the Services to: (1) attempt to deceive anyone about the identity, source, or origin of any communication, (2) interfere with, alter, or attempt unauthorized access to any computer system, server, network, or account for which you do not have access authorization or at a level exceeding your authorization; or (3) use your server as an “open relay” or for any of the above purposes.

We prohibit the use of repetitive public DNS services on any of our servers. All recursive DNS servers must be secured to allow access only to the internal network or a limited number of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any server from the network that violates this restriction.

You acknowledge and agree that you will not use the services in a manner, as determined by us in our sole and absolute discretion, to:

• Display or advertise pornographic, “X-rated”, sexually explicit material, or materials, images, products, or services that are in poor taste (including but not limited to massage services, dating, escort, or prostitution services); or
• Use keywords or images in video names, descriptions, or listings that are pornographic, “X-rated”, or sexually explicit.

Additionally, you are responsible for ensuring that any product posted for sale on your website complies with all applicable laws and regulations in the locations where your items can be purchased. We reserve the right, at our sole discretion, to determine whether the sale of a particular item is illegal or otherwise prohibited, and/or to cancel your Services.

Storage and Security. You will be solely responsible for taking steps to: (1) prevent any loss or damage to the content of your website or server; (2) maintain independent backup copies 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 through our servers or stored on them.

Our servers are not a backup, and we have no responsibility to you or any other person for the loss, damage, or destruction of any part of your content. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment, and therefore should not be used or considered as such. You must not use the Service in any way, at our discretion, that harms the operation or functioning of our services or equipment. Specifically, by way of example and not as a limitation, you must not use the Services as: (1) a warehouse or tool for placing or storing saved files, and/or (2) a site for placing or storing materials that can be downloaded through other websites. You acknowledge and agree that we have the right to perform a forensic examination in the event your server or account is compromised.

Website/Server Content. You will be solely responsible for providing, updating, uploading, and maintaining your website or server and all files, pages, data, works, information, and/or materials included, displayed, linked, or transmitted to, from, or through your website or server, including but not limited to trademarks or service marks, images, photographs, illustrations, graphics, audio clips, video clips, emails or other messages, metatags, domain names, software, and text. You acknowledge and agree that in order to provide you with technical assistance, our support staff may need to modify, alter, or delete content from your hosted product. The content of your website or server will also include the domain names that you have provided or that have been registered on your behalf in connection with the Services.

If third-party website hosting access is required in the provision of any service, you represent and warrant that you are authorized to provide access to the third-party hosting account for the purposes of this agreement. You agree that you retain the contractual responsibilities and any other legal or fiduciary responsibility related to your third-party hosting account.

If you request that we install any third-party software (defined below) as part of the Services, you represent and warrant that (1) you have the right to use and install the third-party software, (2) you have paid the applicable license fees for the third-party software, and (3) the third-party software does not infringe and will not infringe the intellectual property rights of any other person or entity.

5. SPECIFIC PROVISIONS FOR WEB HOSTING AND WORDPRESS HOSTING

Storage and Plan Limits. All Web Hosting and WordPress Hosting plans, including unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts. Plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database exceeding these limits may receive a network violation warning and will need to reduce the number of inodes, files and folders, tables, or gigabytes (as applicable), or it may be suspended temporarily or permanently at our discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of a CPU core, b) 512 MB of RAM, c) 100 website connections, d) 100 active processes, e) 1 MB/second of disk IO. If these limits are exceeded, your site may experience slowdowns or may not be served until additional resources are added. Additional resources may be added for an additional fee.

WordPress Hosting can only be used to host a WordPress website. Only one WordPress installation is allowed per website. Any WordPress hosting account that hosts a website other than WordPress may receive a network violation warning, and you will be required to remove such a website, or it may be suspended temporarily or permanently, at our discretion. You may also be asked to purchase an appropriate hosting plan for hosting the non-WordPress site if you wish to continue hosting it on our network.

Free Trial Hosting Credits are subject to the following limitations: no more than a) 25% of a CPU core; b) 256 MB of RAM; c) 10 website connections; d) 100 active processes; e) 5 MB/second of disk IO; f) 50,000 inodes; g) 1 GB of disk space; h) 10 GB of monthly bandwidth. If these limits are exceeded, your site may experience slowdowns or may not be served until additional resources are added. Additional resources can be added by upgrading to a paid plan.

You acknowledge and agree that incoming UDP is not supported in shared hosting environments.

Website/Server Content. Your website must not include the following content: (1) image hosting scripts that allow an anonymous user to upload an image to be displayed on another website (similar to Photobucket or Tinypic); (2) banner ad services to display on other websites or devices (commercial banner ad rotation); (3) mirror/spool scripts that allow an anonymous user to upload a file to be downloaded by another user (similar to Rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) mass or anonymous SMS portals; (7) backups of content from another computer or website; (8) Bittorrent followers; or (9) any script that causes server performance degradation or network environment issues.

Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and WordPress Hosting plans are designed to host most personal, small business, and organization websites. As such, we offer unlimited bandwidth, and some plans offer unlimited disk space and websites. This means we do not set a limit on the amount of bandwidth, websites, or disk space you can use in the operation of your website, as long as you comply with this agreement. If your bandwidth usage, number of websites, or disk space usage poses a risk to the stability, performance, or uptime of our servers, data storage, networking, or other infrastructure, you may need to upgrade to a VPS or Dedicated Server, or we may take steps to restrict the resources your website uses.

Website Accelerator Service. Our Website Accelerator Service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website’s performance by taking and ensuring the distribution of static website content across a network of nationally dispersed servers. You acknowledge and agree that the content of your website will be stored across the United States. You acknowledge and agree that the Website Accelerator may be interrupted or suspended at any time, and your participation is subject to eligibility, as detailed below.

To be eligible for the Website Accelerator, you acknowledge and agree that you meet and will meet the following criteria: (1) your website must be hosted in Phoenix, AZ; (2) your domain name and hosting must be in the same account; (3) you must have DNS with us; (4) DNSSEC must not be used; (5) you cannot have or add SSL certificates; if you add an SSL with CDN activated, the SSL certificate will not function; (6) you must have an Ultimate Web Hosting plan; and (7) you cannot change operating systems.

6. SPECIFIC PROVISIONS FOR VPS, DEDICATED, AND MANAGED HOSTING

Assisted Service Plan. If you purchase an Assisted Service Plan (“AS Plan”) with VPS, we may install a limited number of applications (“Compatible Applications”) on your server at your request. Our technical support team has a complete list of Compatible Applications, available upon request. If you request the installation of a Compatible Application, we will install and configure the application on our server as long as the server has the necessary resources (e.g., storage, RAM, processing power) to support the application. We will then provide you with the administrator username and password. From that point onward, you are responsible for the additional management and configuration of the application. We are not responsible for the content, customization, or any other activities associated with the Compatible Application, including repairs if it stops working. Our technical support for a non-functional Compatible Application will be limited to restoring it to its original state (initial installation, without data or customization).

Server Access. If you purchase MS SQL or Managed Backups, you authorize us to log into your server to install and configure MS SQL or Managed Backups.

IP Addresses. You acknowledge and agree that you must begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of the assignment of those IP addresses. If you do not start using at least ninety percent (90%) of your assigned IP addresses within this thirty (30) day period, you acknowledge and agree that we have the right to reclaim any unused IP addresses.

FTP Backup. We offer an FTP Backup option for an additional fee. You acknowledge and agree that purchasing FTP Backup may require additional downtime for installation and maintenance. You also acknowledge and agree that when using the FTP Backup option, you will be subject to maximum disk space and bandwidth usage, according to the plan you purchased. Subject to the terms and conditions of this Agreement, we will make commercially reasonable efforts to provide FTP Backup services 24 hours a day, 7 days a week during the term of this Agreement. You acknowledge and agree that from time to time, FTP Backup services may not be accessible or operational for any reason, including but not limited to: (1) equipment failures, (2) periodic maintenance procedures we may undertake from time to time, or (3) causes beyond our control or that we cannot reasonably foresee, including but not limited to disruptions or failures in telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.

Configuration Add-ons. We offer various configuration options (“Configuration Add-ons”) for an additional fee. The specific Configuration Add-ons available depend on which hosting package you purchased, but they may include a control panel, database, external firewall, or RAID. You acknowledge and agree that installing a Configuration Add-on will use some of your available storage, may require additional provisioning time, and may require us to install third-party software (as defined below), third-party hardware, or custom software developed internally for your server. In many cases, this may limit the versions of third-party software available for use with your server. Third-party software, third-party hardware, and custom client-developed software will be supported by us. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.

cPanel. If you add cPanel to your server, you agree to abide by the cPanel EULA, which is incorporated by reference into this Agreement.

7. SERVICE UPTIME GUARANTEE

We offer a service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a given month (as determined by us), you may contact us and request a 5% credit of your monthly hosting fee for that month. The credit can only be used to purchase additional products and services from us and does not include any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) scheduled periodic repairs or maintenance that we may carry out from time to time; (2) interruptions caused by you from custom scripts, coding, or installation of third-party applications; (3) outages that do not affect the appearance of your website but directly affect it, such as FTP and email; (4) causes beyond our control or not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

8. MEANS AND PROCEDURE FOR EXERCISING ARCO RIGHTS

Under the applicable regulations, you have the right to know which personal data we process, for what purposes we use it, and the conditions of its use (Access). Additionally, you have the right to request the correction of your personal information if it is outdated, inaccurate, or incomplete (Rectification); to have it removed from our records or databases when you believe it is not being used appropriately (Cancellation); and to object to the use of your personal data for specific purposes (Opposition). These rights are known as ARCO rights.

To exercise any of the ARCO rights, you must submit the respective request via email to our privacy officer, who will provide you with information regarding the procedure and requirements for exercising these rights, response times, how we will enforce your right, and will address any questions, complaints, or comments you may have regarding this process.

9. MEANS AND PROCEDURE FOR REVOKING YOUR CONSENT

Under the applicable regulations, you can revoke the consent you have given us. However, it is important to note that this may not be applicable in all cases, as there may be legal obligations that require us to continue processing your personal data, in whole or in part.

To revoke your consent, you must submit your request via email to our privacy officer, who will inform you about the procedure and requirements for exercising this right, response times, how we will enforce your right, and will address any questions, complaints, or comments you may have regarding this process.

10. OPTIONS AVAILABLE TO THE DATA SUBJECT TO LIMIT THE USE OR DISCLOSURE OF THEIR PERSONAL DATA

At any time, you can limit the consent for the use and disclosure of your personal data through mechanisms other than the exercise of ARCO rights, including:

Expressing your refusal to the use of your personal data for receiving advertising related to Bizplin, by sending an email to our privacy officer at privacidad@bizplin.com, who will inform you about the procedure to follow to exercise your right.

11. USE OF COOKIES, WEB BEACONS, OR OTHER SIMILAR TECHNOLOGIES

Cookies are text files that are automatically downloaded and stored on the user’s computer hard drive when browsing a specific website. They allow the web server to remember certain data about the user, including preferences for viewing pages on that server, as well as the user’s username and password. You are not obligated to accept the cookies we send you, and you can modify your browser settings to refuse cookies.

Web beacons, on the other hand, are images embedded in a webpage or email that can be used to monitor a visitor’s behavior, such as storing information about the user’s IP address, the duration of interaction on that page, and the type of browser used, among others.

We want to inform you that we use electronic technologies (cookies) that allow us to collect personal data electronically and simultaneously while you interact with us through our website. The personal data we collect through cookies includes:

1. Information about your browser type.
2. Information about the time and duration of your visit to our website.
3. Sections visited on our website.
4. Information about the pages you viewed before entering our site.
5. Information about the pages you visited after entering our site.

The data collected is not required to fulfill the primary obligations outlined in this privacy notice; however, it is very important and useful for us to fulfill the following purposes:

1. To send advertising related to your tastes and preferences.
2. To provide you with information related to our discounts and promotions.
3. To offer you new products and services based on your preferences.

At any time, you can disable the use of cookies by following the procedure outlined below:

For Internet Explorer (on Windows), as indicated on the published web portal:
https://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies

For Firefox, as indicated on the published web portal:
https://support.mozilla.org/es/kb/impedir-que-los-sitios-web-guarden-sus-preferencia

For Safari, as indicated on the published web portal:
https://support.apple.com/kb/ht1677?viewlocale=en_US

12. PROCEDURES AND MEANS FOR CHANGES TO THE PRIVACY NOTICE

We reserve the right to make modifications or updates to this privacy notice at any time due to legislative changes, internal policies, or new requirements for the provision or offering of our services or products.

These modifications will be made available to the public through the following means:
On the “Home” page of our website and additional pages.
If you believe your right to the protection of personal data has been violated, you may file a complaint with the Federal Institute for Access to Information and Protection of Personal Data to exercise your rights.

13. LINKS TO OTHER SITES

Bizplin may contain links to other websites. Bizplin disclaims any present or future responsibility for the privacy practices of these sites.