TERMS AND CONDITIONS OF SERVICE

On the one hand, HOSTYZOOM, the entity responsible for the management, administration, and supervision of the services offered to the general public, with its registered office at 8540 NW 66TH ST, MIAMI FL 33195-2698, United States of America – hereinafter referred to as “THE PROVIDER“—and on the other hand, hereinafter referred to as THE CLIENT.

SERVICE TO BE CONTRACTED:

 

The client agrees to CONTRACT the following services:

The PROVIDER will activate and implement the contracted plan or service within a maximum of three (3) business days. This contract shall have a duration of one (1) year. No charges will apply if the services are cancelled within ten (10) days. After eleven (11) days, the client forfeits the right to a refund of the activation fee.

 

SERVICE PROVIDER OBLIGATIONS

CLAUSE 1: LEGAL LIABILITY: HOSTYZOOM provides the CLIENT with hosting, email, web server, web application, control panel, virtual private server, and dedicated server services. The CLIENT bears full responsibility for said services; the content and all associated legal liabilities rest with the CLIENT. THE PROVIDER disclaims liability for any legal or criminal actions arising from content, misuse, or violations of digital laws, telecommunications laws, or internet usage regulations; all legal liability lies with the CLIENT.

 

THE PROVIDER shall maintain a constant monitoring center and provide support 24 hours a day, 365 days a year, to address network failures, equipment intermittency, or overheating of the computing equipment contracted by the CLIENT.

 

CLAUSE 2: BACKUPS: Automatic backups will be performed on a daily, weekly, and monthly basis. The CLIENT bears full responsibility for the BACKUP service and must configure the backup tools and schedule the timing of the backups.

 

Any failure in servers or network equipment may result in the loss of information or important content from the CLIENT’s website or hosting service. The CLIENT must use their backups to restore all content and database information stored within the contracted services.

CLAUSE 3: SERVICE OUTAGES AND FAILURES: It is established that THE PROVIDER shall offer the corresponding credit to the client in the event of service outages or irregularities, specifically if the services do not maintain 90% uptime during the year. The following outlines the percentage credited to clients in the event of failures in the services provided. This does not imply a cash refund, but rather credits to be applied to the client’s account or used for other products and services. If uptime falls between 80% and 90%, the client will receive a 20% credit.

 

CLAUSE 4: TECHNICAL SUPPORT: 

Our Technical Support and Customer Service team will provide assistance to THE CLIENT 24 hours a day, 365 days a year. Claims will have a maximum response time of 24 hours. If THE CLIENT does not receive a response after 24 hours, they must contact the ADMINISTRATIVE department to escalate the claim. The claim process must be initiated by the client.

 

CLAUSE 5: PRODUCT AND SERVICE GUARANTEE:

 

DOMAINS: THE PROVIDER will facilitate the REGISTRATION and ADMINISTRATION of domain names registered on our platform. Said domains must be renewed thirty (30) days prior to their expiration date. The client has up to fifteen (15) days to renew the registered domain; otherwise, they must pay ONE HUNDRED US DOLLARS (USD 100.00) for each domain in Redemption Status. Released domains are removed from our system and auctioned on the global domain market, which affects domain ownership. The client forfeits all rights to any domain name not renewed thirty (30) days prior to its expiration date. If the client decides to transfer the domain to a third party, they must request the domain’s EPP code at least thirty (30) days prior to its expiration date. Otherwise, they will not be able to request the domain transfer.

WEB HOSTING:

Shared web hosting consists of a hosting account on a server shared with other clients. While this service is lower in cost, server processing loads are shared with other clients, which limits speed, administration, and overall service usage.

 

VIRTUAL PRIVATE SERVERS (VPS):

A VPS (Virtual Private Server) is a virtual machine that operates as an independent server within a shared physical server. Although it shares the same physical infrastructure with other users, it employs virtualization technology to isolate your environment and allocate guaranteed resources (CPU, RAM, and storage) that are reserved exclusively for your use.

 

DEDICATED SERVER:

A dedicated server is a physical machine (hardware) reserved for the exclusive use of a single client or company. Unlike shared hosting or virtual servers, this model ensures you do not share processing power (CPU), RAM, or storage space with anyone else. This provides maximum performance, security, and complete control over the machine’s configuration and software.

 

OTHER PRODUCTS: If a product fails to meet the specifications outlined in the features and functionality sheet, the client has the right to file a claim. THE PROVIDER does not guarantee a refund for such discrepancies; instead, the provider is obligated to deliver the functionalities and services detailed in the product’s description and functionality specifications.

 

THE PROVIDER reserves the right to add or remove functionalities and features from any product offered. Conversely, if the client does not accept said conditions, they must cancel the contracted services.

CLIENT OBLIGATIONS

CLAUSE 6: ACCEPTANCE OF TERMS AND SERVICE AGREEMENT: The client agrees to accept all conditions regarding the legal use of services and general Internet policies, including each and every provision mentioned in this Agreement.

 

THE CLIENT legally commits to complying with the following guidelines:

 

  • THE CLIENT assumes legal responsibility for any content, information, data, photographs, files, or documents published on the website or via the contracted service.
  • THE CLIENT legally absolves THE PROVIDER of liability regarding any content published on their website or actions performed using the tools and services provided by THE PROVIDER. All legal liability rests with THE CLIENT.
  • Uploading copyrighted material, sexually explicit content, or any information that violates the laws of the country where the service was contracted, Internet usage laws, or United States laws regarding the use of digital information is prohibited.
  • Engaging in illegal activities is prohibited, including hacking, phishing, brute-force attacks, the use of Trojans, decryption codes for confidential information, unauthorized access to information or third-party data, use of third-party credit cards, identity theft, theft of credit card information or banking access details, or accessing confidential third-party data without the right or authorization to do so.
  • THE CLIENT agrees to make proper, legal, and fair use of all services contracted from THE PROVIDER. Consequently, the client shall not violate the rights or compromise the information of third parties.
  • The client shall not use software, systems, or tools for spamming, mass emailing, etc., through the CONTRACTED SERVICES. The CLIENT bears liability for any damage caused and is legally required to pay for damages to the contracted equipment and services resulting from breaches of contract.
  • The CLIENT agrees to comply with the national laws of the country where the contract was entered into, as well as Internet laws.

CLAUSE 7: The client agrees to use the services and resources in compliance with the rules and laws governing said software and resources. Any violation shall be penalized in accordance with Dominican law. Violations include, but are not limited to: illegal use of resources; violation of national and international Internet standards; unauthorized access to restricted sites; mass emailing; emails containing illegal content; misuse of email services; etc. The client bears sole responsibility for any service provided to them in the event of system violations resulting from the client’s own actions or omissions. Clients are solely responsible for the management and security of all passwords provided to them. Clients assume liability for any issues arising from the improper use of resources, such as failure to protect passwords or granting access to unauthorized personnel who subsequently use such access for criminal activities. Clients are responsible for all passwords issued to them; any breach resulting from negligence or improper use falls outside the scope of this service guarantee agreement.

CLAUSE 8: CLAIMS. The client has the right to file a claim via our ticketing system by accessing their account and formally submitting a “Claim Ticket.”

 

A response will be provided within 24 hours. If 24 hours elapse without a response, the client must escalate the claim to the Administrative Department.

 

CLAUSE 9: CANCELLATIONS:

Expired products may be automatically cancelled via our ticketing system. For any active product or service, notice of cancellation and non-renewal must be provided prior to the expiration or due date.

 

Failure to do so will result in charges for late payments or domain redemption fees.

 

All service cancellation requests must be submitted through the client portal by opening a support ticket addressed to the Sales Department.