اتفاقية خدمات الاستضافة

This Hosting Services Agreement (“Agreement”) governs all hosting, infrastructure, server, cloud, VPS, dedicated server, reseller hosting, email hosting, backup, management, deployment, and related services provided by INSIDX For Data Exchange LLC (“INSIDX”).

By ordering, purchasing, activating, renewing, upgrading, managing, supporting, configuring, or using any hosting-related service provided by INSIDX, the Customer acknowledges that they have read, understood, and agreed to be legally bound by this Agreement, together with the General Terms & Conditions and any applicable policies.

This Agreement applies to all hosting-related services provided by INSIDX whether supplied directly by INSIDX or through third-party providers, infrastructure providers, cloud providers, data centers, software vendors, or other service providers.

1. Scope of Hosting Services

INSIDX may provide hosting and infrastructure-related services including, but not limited to:

• Shared Hosting Services;
• Reseller Hosting Services;
• Virtual Private Servers (VPS);
• Dedicated Servers;
• Cloud Infrastructure Services;
• Managed Hosting Services;
• Email Hosting Services;
• Backup Services;
• DNS Services;
• Website Hosting Services;
• Application Hosting Services;
• Odoo Community Deployments;
• Server Management Services;
• Server Monitoring Services;
• Migration Services;
• Infrastructure Consulting Services;
• Related technical services.

Certain services may be provided directly by INSIDX while other services may be supplied, provisioned, licensed, hosted, or operated through third-party providers, cloud providers, infrastructure providers, software vendors, or data centers.

INSIDX reserves the right to modify, replace, discontinue, upgrade, migrate, suspend, or change any hosting service, infrastructure component, software component, configuration, or technology platform where reasonably necessary for operational, technical, security, business, or legal reasons.

2. Service Provisioning and Activation

Hosting services shall be provisioned after successful payment verification, fraud screening, identity verification (where applicable), resource availability, and completion of any required administrative procedures.

Provisioning times are estimates only and do not constitute guaranteed delivery times.

INSIDX reserves the right to delay, reject, suspend, cancel, or refuse provisioning of any service where:

• Fraud is suspected;
• Verification requirements are not satisfied;
• Required information is missing;
• Technical limitations exist;
• Resource availability is limited;
• Legal or regulatory concerns exist;
• Provider restrictions apply.

The Customer acknowledges that provisioning timelines may be affected by third-party providers, infrastructure providers, software vendors, cloud providers, registrars, licensing providers, or circumstances beyond the reasonable control of INSIDX.

3. Customer Responsibilities

The Customer is solely responsible for all activities, operations, content, applications, software, communications, data, configurations, and resources associated with the hosting services provided by INSIDX.

The Customer shall use the Services in compliance with all applicable laws, regulations, industry standards, provider requirements, and applicable INSIDX policies.

The Customer is solely responsible for:

• All websites, applications, databases, software, and services hosted through the Services;
• All content stored, transmitted, processed, distributed, or published through the Services;
• Server configurations under the Customer’s control;
• Account security and access management;
• Compliance with applicable laws and regulations;
• Maintaining valid licenses for software installed by the Customer;
• Data backup and disaster recovery planning;
• Monitoring resource usage;
• Securing applications, websites, databases, and operating systems;
• Updating software, plugins, modules, themes, and applications under the Customer’s control.

The Customer shall not use the Services for:

• Illegal activities;
• Fraudulent activities;
• Phishing activities;
• Malware distribution;
• Ransomware activities;
• Botnet operations;
• Spam or unsolicited communications;
• Cryptocurrency mining unless expressly authorized in writing by INSIDX;
• Unauthorized network scanning;
• Unauthorized penetration testing;
• Intellectual property infringement;
• Copyright infringement;
• Trademark infringement;
• Distribution of unlawful, harmful, abusive, defamatory, or malicious content;
• Activities that may disrupt, degrade, impair, or negatively affect the Services, infrastructure, providers, networks, or other customers.

The Customer is solely responsible for ensuring that all hosted content, software, applications, databases, websites, email services, and business operations comply with applicable laws and third-party rights.

For VPS, Dedicated Server, Cloud Infrastructure, and similar services, the Customer assumes full administrative responsibility for the operating system, software stack, security configuration, user management, firewall configuration, backups, updates, patches, and all activities performed on the server unless otherwise expressly agreed in a separate written managed services agreement.

Where INSIDX deploys, installs, configures, migrates, or supports applications, including Odoo Community deployments, control panels, web servers, databases, or similar software, the Customer remains solely responsible for the operation, configuration, content, compliance, and business use of such applications after deployment.

INSIDX shall not be responsible for any loss, damage, liability, claim, investigation, penalty, service interruption, abuse complaint, blacklist listing, security incident, or regulatory action resulting from the Customer’s use of the Services, hosted content, software, applications, business operations, configurations, or activities.

The Customer agrees to cooperate fully with INSIDX regarding abuse reports, security incidents, compliance reviews, legal requests, provider inquiries, investigations, and corrective actions relating to the Services.

Failure to comply with this Section may result in service suspension, resource restriction, account limitation, termination, removal of content, cancellation of services, or other actions deemed reasonably necessary by INSIDX without refund or compensation.

4. Resource Usage and Fair Use Policy

To ensure service stability, security, reliability, and fair access to resources for all customers, the Customer agrees to use the Services in a reasonable and responsible manner.

The Customer shall not use the Services in a way that causes excessive, abnormal, harmful, disruptive, or unreasonable consumption of server resources, network resources, storage resources, or infrastructure resources.

Resource usage may include, but is not limited to:

• CPU utilization;
• Memory (RAM) utilization;
• Disk space usage;
• Disk I/O usage;
• Network bandwidth usage;
• Email sending activity;
• Database utilization;
• Concurrent processes;
• Concurrent connections;
• Backup storage;
• System resources;
• Other infrastructure resources.

For Shared Hosting and Reseller Hosting Services, the Customer shall not:

• Consume excessive CPU resources;
• Consume excessive RAM resources;
• Run resource-intensive processes that negatively affect other customers;
• Operate cryptocurrency mining software;
• Operate proxy services without authorization;
• Operate public file-sharing services without authorization;
• Conduct large-scale bulk email campaigns;
• Use the Services in a manner that degrades server performance.

INSIDX reserves the right to implement resource limitations, throttling mechanisms, process restrictions, account limitations, email limitations, connection limitations, storage limitations, bandwidth limitations, or other operational controls where reasonably necessary to maintain service stability.

For Shared Hosting Services, sending more than one hundred (100) emails per hour from a hosting account may be restricted, limited, suspended, or blocked to protect server stability, service quality, and IP reputation.

Customers requiring higher email sending limits may be required to:

• Upgrade to a VPS or Dedicated Server;
• Use a dedicated mail server;
• Use a third-party email delivery service;
• Use a professional SMTP service approved by INSIDX.

For VPS, Dedicated Server, and Cloud Infrastructure Services, Customers may utilize the resources allocated to their service; however, activities that create excessive network abuse, security risks, infrastructure instability, denial-of-service activity, resource exhaustion, or harm to providers or other customers remain prohibited.

INSIDX reserves the right to investigate unusual, excessive, abnormal, suspicious, harmful, or disruptive resource consumption.

Where excessive resource usage is detected, INSIDX may:

• Issue warnings;
• Request corrective action;
• Restrict resource usage;
• Suspend specific processes;
• Temporarily limit services;
• Upgrade resource requirements;
• Suspend services;
• Terminate services where necessary.

INSIDX shall determine resource abuse, excessive usage, harmful usage, abnormal usage, or Fair Use violations in its reasonable discretion based on technical, operational, security, provider, and infrastructure considerations.

INSIDX shall not be liable for any service degradation, throttling, suspension, limitation, interruption, performance reduction, resource restriction, or other action reasonably implemented to protect service stability, infrastructure integrity, security, provider compliance, or other customers.

Nothing in this Section shall be interpreted as granting the Customer unlimited access to shared infrastructure resources or unlimited use of any Service unless expressly stated in a separate written agreement.

5. Backups and Data Protection

The Customer acknowledges that the primary responsibility for maintaining backups of websites, applications, databases, emails, files, software, configurations, and other data remains solely with the Customer unless otherwise expressly agreed in a separate written agreement.

Any backup services, snapshot services, recovery services, replication services, disaster recovery services, or data protection services provided by INSIDX shall be offered on a reasonable-effort basis and shall not be interpreted as a guarantee of data availability, recoverability, completeness, integrity, or restoration.

The Customer is strongly encouraged to maintain independent and up-to-date backups of all critical data at all times.

INSIDX may, but is not obligated to:

• Create backups;
• Retain backups;
• Verify backups;
• Monitor backup integrity;
• Test backup restorations;
• Maintain backup schedules;
• Preserve backup copies beyond any stated retention period.

The availability, frequency, retention period, storage location, recovery options, restoration procedures, and technical characteristics of any backup service may vary depending on the applicable service plan, infrastructure platform, software limitations, provider limitations, operational requirements, or other factors.

The Customer acknowledges that backups may:

• Fail;
• Become corrupted;
• Become incomplete;
• Become inaccessible;
• Become unavailable;
• Be overwritten;
• Be deleted;
• Be affected by hardware failures;
• Be affected by software failures;
• Be affected by security incidents;
• Be affected by provider failures;
• Be affected by force majeure events.

INSIDX does not guarantee that any backup will be available, complete, accurate, current, recoverable, or suitable for business continuity, disaster recovery, compliance, legal, regulatory, or operational purposes.

The Customer is solely responsible for:

• Verifying backup availability;
• Verifying backup integrity;
• Testing backup restoration procedures;
• Maintaining independent backup copies;
• Implementing disaster recovery procedures;
• Complying with applicable data retention requirements.

INSIDX shall not be liable for any loss of data, corruption of data, incomplete restoration, failed restoration, delayed restoration, business interruption, financial loss, reputational damage, regulatory consequence, or other damages arising from:

• Missing backups;
• Failed backups;
• Corrupted backups;
• Backup retention limitations;
• Restoration failures;
• Customer actions;
• Third-party actions;
• Security incidents;
• Infrastructure failures;
• Software failures;
• Hardware failures;
• Force majeure events.

Where restoration services are requested, INSIDX reserves the right to charge reasonable administrative, technical, professional service, recovery, restoration, storage, or labor fees associated with such requests.

Upon suspension, expiration, cancellation, termination, or non-renewal of any service, INSIDX may delete, remove, overwrite, archive, destroy, or otherwise dispose of backups, snapshots, stored data, recovery points, and related materials without liability unless otherwise required by law or agreed in writing.

Nothing in this Agreement shall be interpreted as creating a data escrow service, disaster recovery guarantee, business continuity guarantee, or permanent data retention obligation on the part of INSIDX.

6. Email Services and Sending Limits

INSIDX may provide email-related services as part of Shared Hosting, Reseller Hosting, VPS, Dedicated Server, Cloud Infrastructure, or other hosting services.

The Customer is solely responsible for all emails, messages, communications, mailing lists, newsletters, marketing campaigns, transactional emails, automated notifications, and other email activities transmitted through the Services.

The Customer shall ensure that all email activities comply with:

• Applicable laws and regulations;
• Anti-spam laws;
• Privacy laws;
• Data protection requirements;
• Third-party provider requirements;
• Applicable industry standards;
• INSIDX policies.

The Customer shall not use the Services for:

• Spam;
• Unsolicited bulk email;
• Phishing activities;
• Email fraud;
• Email spoofing;
• Malware distribution;
• Fraudulent communications;
• Harassment;
• Unlawful marketing activities;
• Activities that may damage sender reputation, IP reputation, or service availability.

To protect infrastructure stability, service quality, network reputation, and email deliverability, INSIDX may impose email sending limits, connection limits, recipient limits, queue limits, storage limits, attachment limits, rate limits, anti-spam controls, or other operational restrictions.

For Shared Hosting Services, sending more than one hundred (100) emails per hour from a hosting account is prohibited unless otherwise approved in writing by INSIDX.

Accounts exceeding permitted sending limits may be:

• Restricted;
• Throttled;
• Temporarily suspended;
• Subject to additional verification;
• Subject to corrective action requirements;
• Subject to permanent service limitations.

Repeated violations may result in suspension or termination of email services, hosting services, or related accounts.

Customers requiring higher email volumes may be required to:

• Upgrade to a VPS;
• Upgrade to a Dedicated Server;
• Deploy a dedicated mail server;
• Utilize a professional SMTP provider;
• Utilize a third-party email delivery platform approved by INSIDX.

The Customer acknowledges that email delivery depends upon numerous external factors, including:

• Recipient server policies;
• Spam filtering systems;
• DNS configurations;
• Blacklists;
• Reputation systems;
• Third-party provider policies;
• Internet infrastructure.

INSIDX does not guarantee:

• Email delivery;
• Inbox placement;
• Delivery speed;
• Sender reputation;
• IP reputation;
• Recipient acceptance;
• Email availability;
• Email retention.

INSIDX reserves the right to monitor, investigate, restrict, suspend, filter, reject, block, quarantine, or otherwise control email activity where reasonably necessary to protect infrastructure, comply with provider requirements, maintain network reputation, investigate abuse, or prevent unlawful activities.

INSIDX shall not be liable for any delivery failure, spam classification, blacklist listing, email delay, rejected message, lost communication, reputational damage, business interruption, or other consequence arising from email usage, third-party filtering systems, recipient policies, provider actions, abuse prevention measures, or Customer activities.

7. Managed Services and Technical Support

INSIDX may provide managed services, technical support services, consulting services, migration services, deployment services, configuration services, troubleshooting services, monitoring services, maintenance services, and other professional or technical assistance in connection with the Services.

Support and managed services may include, but are not limited to:

• Server administration;
• Hosting administration;
• Website migration;
• Email migration;
• DNS configuration;
• Software installation;
• Software configuration;
• Odoo Community deployment;
• Control panel deployment;
• Security configuration;
• Performance optimization;
• Troubleshooting assistance;
• Technical consultations;
• Infrastructure management;
• Monitoring services.

Unless expressly stated in a separate written managed services agreement, all support, management, consulting, migration, deployment, optimization, troubleshooting, maintenance, and related services shall be provided on a reasonable-effort basis.

INSIDX does not guarantee:

• Resolution of every issue;
• Resolution within a specific timeframe;
• Continuous availability of support;
• Compatibility of third-party software;
• Correction of software defects;
• Business outcomes;
• Performance improvements;
• Security outcomes;
• Regulatory compliance.

The Customer remains solely responsible for:

• Business operations;
• Business decisions;
• Website content;
• Application functionality;
• Data accuracy;
• Regulatory compliance;
• Software licensing compliance;
• Security policies;
• Internal procedures;
• User management;
• Business continuity planning.

Where INSIDX performs installations, deployments, migrations, updates, upgrades, configurations, troubleshooting, optimizations, maintenance, or similar activities, the Customer acknowledges that such activities may involve service interruptions, configuration changes, software incompatibilities, data risks, provider limitations, or other operational consequences.

The Customer authorizes INSIDX to access systems, servers, accounts, applications, databases, websites, control panels, cloud resources, and related infrastructure as reasonably necessary to provide requested support or managed services.

The Customer shall ensure that INSIDX is provided with accurate information, required access credentials, necessary permissions, and reasonable cooperation necessary to perform requested services.

INSIDX may decline, delay, suspend, or discontinue support services where:

• Required information is unavailable;
• Required access is unavailable;
• Security concerns exist;
• Legal concerns exist;
• Provider restrictions apply;
• The request falls outside the applicable service scope;
• The request may create unreasonable risk to infrastructure, providers, INSIDX, or other customers.

INSIDX shall not be liable for any loss, damage, business interruption, data loss, software malfunction, configuration issue, security incident, compliance issue, operational impact, or other consequence arising from:

• Customer instructions;
• Customer decisions;
• Third-party software;
• Third-party services;
• Provider limitations;
• Unsupported configurations;
• Legacy systems;
• Security vulnerabilities;
• Customer failure to implement recommendations;
• Reasonable actions taken while providing support or managed services.

Any recommendations, guidance, opinions, consultations, configurations, technical advice, or implementation suggestions provided by INSIDX are provided for informational and operational purposes only and shall not constitute legal, financial, regulatory, accounting, cybersecurity certification, compliance, or professional advisory services.

INSIDX reserves the right to define the scope, availability, priority, response procedures, support channels, maintenance windows, and operational practices applicable to managed services and technical support offerings.

8. Third-Party Software and Infrastructure

The Customer acknowledges that certain Services may depend upon or incorporate third-party software, infrastructure, cloud platforms, operating systems, control panels, applications, frameworks, libraries, plugins, hardware, networks, data centers, telecommunications services, and other technologies not owned or controlled by INSIDX.

Such third-party products and services may include, but are not limited to:

• Operating Systems;
• Control Panels;
• Odoo Community Edition;
• Plesk;
• LiteSpeed;
• CloudLinux;
• MariaDB;
• MySQL;
• PostgreSQL;
• PHP;
• Node.js;
• Python;
• Open-Source Software;
• Cloud Platforms;
• Virtualization Platforms;
• Infrastructure Providers;
• Data Center Providers;
• Email Providers;
• DNS Providers;
• Security Services;
• Monitoring Services;
• Backup Services;
• Content Delivery Networks (CDNs);
• Other third-party technologies used in connection with the Services.

INSIDX may install, deploy, configure, maintain, integrate, support, or facilitate access to such third-party technologies solely as part of providing the Services.

The Customer acknowledges that all third-party products, software, infrastructure, licenses, services, and technologies remain subject to:

• Their respective licensing terms;
• Provider policies;
• Usage restrictions;
• Technical limitations;
• Operational requirements;
• Security requirements;
• End-of-life policies;
• End-of-support policies;
• Commercial decisions of the applicable provider.

INSIDX does not own, control, develop, maintain, or guarantee third-party software, infrastructure, or technologies unless expressly stated otherwise in writing.

INSIDX does not guarantee:

• Compatibility between third-party products;
• Availability of third-party services;
• Continued support by third-party providers;
• Software updates;
• Security updates;
• Feature availability;
• Future functionality;
• Product roadmaps;
• Product availability;
• Vendor support decisions.

The Customer acknowledges that third-party providers may:

• Modify products;
• Discontinue products;
• Change licensing terms;
• Change pricing;
• Change technical requirements;
• Restrict functionality;
• Withdraw support;
• Suspend services;
• Terminate services.

INSIDX shall not be liable for any loss, damage, interruption, incompatibility, security issue, performance issue, licensing issue, service limitation, service suspension, service termination, data loss, operational impact, or other consequence arising from:

• Third-party software defects;
• Third-party software vulnerabilities;
• Third-party infrastructure failures;
• Third-party provider decisions;
• Vendor actions or omissions;
• Product discontinuation;
• Licensing changes;
• Technical limitations;
• End-of-life announcements;
• End-of-support announcements.

Where INSIDX assists with deployment, installation, migration, configuration, licensing, integration, or administration of third-party software or infrastructure, such assistance shall not be interpreted as creating ownership, authorship, publisher status, partnership status, agency status, certification status, endorsement status, or representation authority on behalf of the applicable provider.

For Odoo Community deployments, the Customer acknowledges that INSIDX provides infrastructure, deployment, configuration, migration, support, or related technical services and does not claim ownership of, authorship of, or affiliation with the Odoo software project unless expressly stated otherwise in writing.

The Customer remains solely responsible for ensuring that all third-party software, applications, modules, extensions, plugins, integrations, licenses, and services used in connection with the Services are properly licensed, legally obtained, compatible, secure, and suitable for the Customer’s intended use.

INSIDX reserves the right to replace, upgrade, modify, remove, discontinue, or migrate third-party software, infrastructure components, technologies, providers, or service dependencies where reasonably necessary for operational, technical, security, legal, commercial, or provider-related reasons.

9. Service Suspension and Abuse Handling

INSIDX is committed to maintaining the security, stability, integrity, reputation, and lawful operation of its infrastructure, networks, services, providers, and customer environment.

The Customer acknowledges that INSIDX may receive abuse reports, security notifications, legal requests, compliance requests, provider notices, blacklist reports, spam reports, phishing complaints, malware reports, copyright complaints, trademark complaints, governmental requests, court orders, or other notices relating to the Customer’s use of the Services.

INSIDX reserves the right to investigate any suspected violation of:

• This Agreement;
• The General Terms & Conditions;
• Applicable laws and regulations;
• Provider requirements;
• Security requirements;
• Acceptable Use Policies;
• Industry standards;
• Third-party service requirements.

The Customer agrees to cooperate fully with any investigation, review, verification process, abuse inquiry, compliance request, provider request, security review, or corrective action request relating to the Services.

INSIDX may, in its reasonable discretion, take immediate action where it believes that a service, account, server, application, website, email service, database, or other resource:

• Presents a security risk;
• Violates applicable law;
• Violates provider policies;
• Facilitates phishing activities;
• Facilitates malware distribution;
• Facilitates spam activities;
• Facilitates fraud;
• Facilitates unauthorized access;
• Creates excessive abuse complaints;
• Causes blacklist listings;
• Threatens infrastructure stability;
• Threatens service availability;
• Threatens network reputation;
• Creates operational risk.

Such actions may include:

• Issuing warnings;
• Requesting corrective action;
• Restricting access;
• Blocking traffic;
• Disabling services;
• Suspending accounts;
• Suspending servers;
• Removing content;
• Restricting email services;
• Applying technical limitations;
• Terminating services;
• Cooperating with providers or authorities.

Where reasonably possible, INSIDX may attempt to notify the Customer prior to taking action; however, prior notice shall not be required where immediate action is reasonably necessary to protect infrastructure, providers, customers, legal compliance, security, or operational stability.

The Customer acknowledges that third-party providers, infrastructure providers, data centers, cloud providers, registrars, software vendors, network providers, security providers, governmental authorities, and competent authorities may independently require suspension, restriction, mitigation, investigation, remediation, or termination of services.

INSIDX may comply with such requests, directives, requirements, notices, policies, or orders without liability to the Customer.

INSIDX shall not be liable for any loss of business, loss of revenue, loss of customers, loss of data, interruption of operations, reputational damage, service downtime, blacklist listing, blocked communications, security actions, compliance actions, or other damages arising from any reasonable abuse prevention, compliance action, security response, investigation, suspension, restriction, mitigation measure, or termination undertaken by INSIDX or required by a third party.

The Customer remains responsible for all fees, obligations, liabilities, corrective actions, remediation efforts, and compliance requirements arising from the Customer’s use of the Services, regardless of any suspension, restriction, investigation, or abuse-related action.

Nothing in this Section shall limit INSIDX’s right to take any action reasonably necessary to protect its infrastructure, providers, customers, reputation, legal interests, contractual obligations, or operational stability.