Terms of Service

  1. Introduction: Welcome to HOSTEMCLOUD (referred to as “we,” “us,” or “our”), a web hosting service provider. These Terms and Conditions govern your use of our services and website (hostemcloud.com). By accessing our website or using our services, you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully before using our services. If you do not agree with any part of these terms, you must not use our services. HOSTEMCLOUD reserves the right to modify these Terms and Conditions at any time. Your continued use of our services after any changes indicates your acceptance of the modified terms. These Terms and Conditions, along with any additional agreements and policies referenced herein, constitute the entire agreement between you and HOSTEMCLOUD regarding your use of our services.
  2. Definitions: For the purpose of these Terms and Conditions:
    • “Account” refers to the user’s registered account with HOSTEMCLOUD.
    • “Content” means any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials.
    • “Customer” or “User” refers to any individual or entity that uses HOSTEMCLOUD’s services.
    • “Services” means any products, software, or services provided by HOSTEMCLOUD.
    • “Website” refers to hostemcloud.com and any subdomains thereof.
    • “Hosting” refers to the service of providing space on servers owned or leased by HOSTEMCLOUD for storing website files and making them accessible via the internet.
  3. Acceptance of Terms: By accessing the HOSTEMCLOUD website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
    3.1. Capacity to Accept: You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions.
    3.2. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the HOSTEMCLOUD services.
    3.3. Account-Bound Agreement: If you are using the services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and Conditions.
    3.4. Updates to Terms: HOSTEMCLOUD reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our services following any changes constitutes your acceptance of such changes.
    3.5. Responsibility to Review: It is your responsibility to review these Terms and Conditions periodically for any updates or changes.
  4. Services Provided:
    4.1. Description of Services: HOSTEMCLOUD provides the following services:

    • Cloud web hosting
    • Email hosting
    • Domain registration

    4.2. Resource Allocation and Usage:

    • Each customer account is allocated 10 GB of disk space (SSD) and 10 GB of bandwidth per month.
    • There are no hard limits on disk space or bandwidth usage. However, if usage exceeds the allocated amounts, additional charges will apply.
    • The fees for exceeding allocated resources are detailed in our pricing section on the website.

    4.3. Service Availability: HOSTEMCLOUD is committed to providing high-quality, reliable hosting services. We offer a 99.9% uptime guarantee for our services.
    4.4. Technical Support: HOSTEMCLOUD provides technical support for all its services. Support availability is 365 days a year.
    4.5. Service Upgrades and Modifications: HOSTEMCLOUD reserves the right to modify, upgrade, or discontinue any service features. We will make reasonable efforts to notify customers of significant changes that may affect their use of our services.

  5. Account Registration and Security:
    5.1. Account Creation: To use HOSTEMCLOUD services, you must create an account. You agree to provide accurate, current, and complete information during the registration process.
    5.2. Account Responsibility: You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
    5.3. Unauthorized Use: You must immediately notify HOSTEMCLOUD of any unauthorized use of your account or any other breach of security.
    5.4. Multiple Accounts:

    • HOSTEMCLOUD generally recommends that each customer maintain only one account for simplicity and ease of management. However, we recognize that there may be legitimate reasons for a user to have multiple accounts (e.g., managing separate businesses or projects). If you require multiple accounts, please contact our support team to discuss your needs and ensure compliance with our terms of service.
    • HOSTEMCLOUD reserves the right to review and potentially consolidate or close multiple accounts belonging to the same individual or entity if they are being used in a manner that violates our terms of service or fair usage policies.

    5.5. Age Restriction: You must be at least 18 years old to create an account. If you are under 18, you must have parental or guardian permission to use our services.
    5.6. Account Updates: You are responsible for keeping your account information up-to-date, including your email address and payment information.
    5.7. Account Termination: HOSTEMCLOUD reserves the right to terminate or suspend your account at any time for violations of these Terms and Conditions or for any other reason deemed necessary by HOSTEMCLOUD.
    5.8. Data Protection: HOSTEMCLOUD implements robust security measures to protect your account information and data. We are committed to maintaining the highest standards of data security in the industry.

  6. User Obligations and Conduct:
    6.1. Lawful Use: You agree to use HOSTEMCLOUD services only for lawful purposes and in accordance with these Terms and Conditions.
    6.2. Content Responsibility:

    • For standard hosting plans, you are solely responsible for the content, development, operation, maintenance, and use of your hosted content.
    • For WordPress managed sites, HOSTEMCLOUD takes care of maintenance and updates. However, you remain responsible for your site’s content and use.

    6.3. Backups: HOSTEMCLOUD performs daily backups with a three-day retention period. However, you are encouraged to maintain your own backups of your data for added security.
    6.4. Resource Usage:

    • Your initial plan includes specified disk space and bandwidth limits.
    • You may exceed these limits, but additional charges will be applied to your next invoice for usage beyond your plan’s allocation.

    6.5. Security: You are responsible for properly securing your account and hosted content, including maintaining appropriate security measures to prevent unauthorized access or misuse of your account.
    6.6. Accurate Information: You agree to provide accurate, current, and complete information about yourself as prompted by our registration process and to keep this information updated.
    6.7. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in your use of HOSTEMCLOUD services.
    6.8. Cooperation: You agree to cooperate with HOSTEMCLOUD in investigating any suspected violation of these Terms and Conditions.
    6.9. Notification of Violations: You agree to promptly notify HOSTEMCLOUD of any known or suspected violation of these Terms and Conditions by others.
    6.10. No Reselling: Unless explicitly authorized by HOSTEMCLOUD, you may not resell, distribute, or lease the hosting services to any third party.

  7. Prohibited Uses: Users of HOSTEMCLOUD services are strictly prohibited from:
    7.1. Illegal Activities: Using our services for any illegal purpose or in support of illegal activities.
    7.2. Unauthorized Access: Attempting to gain unauthorized access to any account or computer system.
    7.3. Malicious Content: Uploading or distributing malware, viruses, or any other malicious code or content.
    7.4. Spam: Using our services to send unsolicited bulk email (spam) or to host content related to spam.
    7.5. Intellectual Property Infringement: Violating or infringing on intellectual property rights, including copyright, trademark, patent, or trade secrets.
    7.6. Offensive Content: Hosting, distributing, or linking to pornography, explicit sexual content, or extremely violent content.
    7.7. Harassment: Using our services to stalk, harass, or harm another individual.
    7.8. Resource Abuse: Engaging in activities designed to harm system performance or deplete system resources.
    7.9. Network Disruption: Attempting to interfere with or disrupt our servers, networks, or other users.
    7.10. Misrepresentation: Impersonating another user or misleadingly implying an association with any individual or entity.
    7.11. Hacking Tools: Hosting or distributing tools designed for compromising security, including password guessing programs, hacking tools, or network probing tools.
    7.12. Anonymous Services: Operating anonymous proxy servers or other services designed to obfuscate the origin of network traffic.
    7.13. Data Mining: Engaging in any automated use of the system, such as data mining, robots, or similar data gathering and extraction tools.
    HOSTEMCLOUD reserves the right to suspend or terminate services for any account engaging in these prohibited activities. We may also report illegal activities to relevant law enforcement agencies.
  8. Content and Intellectual Property Rights:
    8.1. User Content: You retain all ownership rights to any content you upload to or store on HOSTEMCLOUD’s services.
    8.2. License Grant: By uploading content to HOSTEMCLOUD, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing our hosting services to you.
    8.3. Copyright Infringement: HOSTEMCLOUD respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
    8.4. DMCA Compliance: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our services, please contact us.
    8.5. Trademark: HOSTEMCLOUD, the HOSTEMCLOUD logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HOSTEMCLOUD or its affiliates. You must not use such marks without the prior written permission of HOSTEMCLOUD.
    8.6. Removal of Content: HOSTEMCLOUD reserves the right to remove any content that violates these Terms and Conditions or is otherwise illegal or offensive, without prior notice and at our sole discretion.
    8.7. Backup of Content: HOSTEMCLOUD provides a daily backup system with a three-day retention period as part of our service. However, while we strive to maintain accurate and complete backups, we recommend that users also maintain their own backups for added security.
  9. Payment Terms and Billing:
    9.1. Pricing: Pricing for HOSTEMCLOUD services is as specified on our website. All prices are subject to change with notice.
    9.2. Billing Cycle: All accounts are billed on a monthly basis. Billing is prorated to the 1st of each month for consistency across all accounts.
    9.3. Payment Due Date: Payment is due on the 1st day of each month for that month’s services.
    9.4. Payment Methods: HOSTEMCLOUD accepts payments via PayPal and Bank transfer.
    9.5. Late Payments: If payment is not received by the 5th day of the month, HOSTEMCLOUD reserves the right to suspend services without further notice.
    9.6. Service Resumption: To resume suspended services, the account must be brought current.
    9.7. Refunds: Refunds are handled in accordance with our Refund Policy (see Section 11).
    9.8. Taxes: You are responsible for paying all applicable taxes associated with your use of HOSTEMCLOUD services. This may include sales tax, value-added tax (VAT), or any other taxes required by your local, state, or federal laws.
    9.9. Disputes: If you dispute any charges, you must notify HOSTEMCLOUD within 30 days of the billing date.
    9.10. Price Changes: HOSTEMCLOUD reserves the right to change prices at any time. We will provide reasonable notice of any price changes before they become effective.
    9.11. Overage Charges: Usage beyond your plan’s allocated resources will result in additional charges, which will be added to your next invoice.
  10. Cancellation and Termination:
    10.1. Cancellation by Customer: You may cancel your HOSTEMCLOUD services at any time by simply stopping payment. No formal cancellation request is required.
    10.2. Cancellation Process: Upon non-payment, HOSTEMCLOUD will consider your account cancelled. Services will be suspended after the 5th day of the month if payment is not received.
    10.3. Data Retention After Cancellation: Upon cancellation, HOSTEMCLOUD will retain your data for a period of 3 months, after which it will be permanently deleted. It is your responsibility to back up your data before the account gets suspended.
    10.4. Refunds on Cancellation: Refunds for cancelled services are subject to our Refund Policy (see Section 11).
    10.5. Termination by HOSTEMCLOUD: HOSTEMCLOUD reserves the right to suspend or terminate your account and access to services, without prior notice, for any of the following reasons:
    a. Violation of these Terms and Conditions
    b. Engagement in prohibited activities (as outlined in Section 7)
    c. Failure to pay for services by the 5th day of the month
    d. Upon request by law enforcement or government agencies
    e. Unexpected technical or security issues
    10.6. Effects of Termination: Upon termination, your right to use HOSTEMCLOUD services ceases immediately. We will retain your data for 3 months from the date of termination, after which it will be permanently deleted.
    10.7. No Liability for Termination: HOSTEMCLOUD shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of services in accordance with these Terms and Conditions.
    10.8. Survival: The sections of these Terms and Conditions relating to intellectual property rights, limitation of liability, indemnification, and governing law will survive any termination or expiration.
  11. Refund Policy:
    11.1. 30-Day Money Back Guarantee: HOSTEMCLOUD offers a 30-day money back guarantee for first-time customers. If you’re not satisfied with our services within the first 30 days of your initial purchase, you may request a full refund.
    11.2. Eligibility for 30-Day Guarantee:
    a. This guarantee applies only to first-time customers.
    b. The refund must be requested within 30 days of the initial purchase date.
    c. This guarantee is limited to one refund per customer.
    11.3. How to Request a Refund: To request a refund under the 30-day guarantee, contact our customer support team within the eligible period.
    11.4. Other Refund Requests: For refund requests outside of the 30-day guarantee period or for returning customers, refunds will be analyzed on a case-by-case basis.
    11.5. Review Process: For refund requests subject to individual analysis, HOSTEMCLOUD will review the circumstances of the request, including but not limited to:
    a. The nature of the issue prompting the refund request
    b. The duration and usage of services
    c. Any attempts made to resolve the issue
    11.6. Refund Decisions: HOSTEMCLOUD reserves the right to approve or deny refund requests at our discretion. We will communicate the decision and its rationale to the customer.
    11.7. Refund Method: Approved refunds will be issued using the original payment method when possible.
    11.8. Non-Refundable Items: Certain fees, such as domain registration fees, may be non-refundable due to the nature of these services.
    11.9. Abuse of Refund Policy: HOSTEMCLOUD reserves the right to refuse future service to customers who abuse our refund policy.
  12. Modifications to Services and Terms:
    12.1. Service Modifications: HOSTEMCLOUD reserves the right to modify, suspend, or discontinue any part of our services at any time if the evolution of our products require said changes.
    12.2. Terms Modifications: We may modify these Terms and Conditions from time to time. We will notify you of any material changes by posting the new Terms and Conditions on our website and/or sending you an email.
    12.3. Effective Date of Changes: Any modifications to the Terms and Conditions will become effective upon posting on this website or on the date specified in the notification.
    12.4. Continued Use: Your continued use of HOSTEMCLOUD services after the posting of modifications constitutes your acceptance of the revised Terms and Conditions.
    12.5. Regular Review: It is your responsibility to check our website periodically for changes to these Terms and Conditions.
    12.6. Disagreement with Changes: If you do not agree with the modified terms, you must stop using HOSTEMCLOUD services.
    12.7. Feature Changes: HOSTEMCLOUD may add, alter, or remove features from our services at any time with notice.
    12.8. Pricing Changes: Any changes to pricing will be communicated to you in advance and will take effect at the start of your next billing cycle.
  13. Limitation of Liability:
    13.1. Our Commitment: HOSTEMCLOUD is dedicated to providing high-quality, reliable hosting services. We continuously strive to ensure our services meet the highest standards of performance and security.
    13.2. Service Quality: We invest in robust infrastructure and employ industry-best practices to deliver excellent service to our customers.
    13.3. Data Protection: HOSTEMCLOUD implements advanced security measures to safeguard your data, adhering to industry standards and best practices.
    13.4. Backups: We provide regular backups as part of our service. For additional peace of mind, we recommend customers also maintain their own backups.
    13.5. Third-Party Services: HOSTEMCLOUD is not responsible for the actions, content, information, or data of third parties.
    13.6. Limitation of Damages: To the extent permitted by law, HOSTEMCLOUD’s liability for any claims arising from or related to these Terms or our services shall not exceed the amount paid by you to HOSTEMCLOUD for the applicable service in the 12 months preceding the incident.
    13.7. Jurisdictional Rights: Some jurisdictions provide consumers with certain rights. Nothing in these Terms is intended to affect those rights if they are applicable.
    13.8. Fair Allocation: These terms are designed to allocate responsibilities between you and HOSTEMCLOUD in a fair manner, considering the nature of our services and the fees charged.
  14. Indemnification: You agree to indemnify, defend, and hold harmless HOSTEMCLOUD, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of HOSTEMCLOUD services, your violation of these Terms, or your violation of any rights of a third party.
  15. Service Quality and Continuous Improvement:HOSTEMCLOUD is committed to providing high-quality hosting services. We continuously work to improve our services and infrastructure to meet the evolving needs of our customers. While we strive for excellence, the nature of technology and internet services means that we cannot predict or prevent every possible issue. We appreciate our customers’ understanding and feedback as we work to deliver the best possible service.
  16. Third-Party Services and Links: HOSTEMCLOUD may provide access to third-party services or websites. We do not control these third-party services and are not responsible for their content, functionality, or practices. Your use of third-party services is at your own risk and subject to their respective terms and policies.
  17. Force Majeure: HOSTEMCLOUD shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
  18. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Costa Rica, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Costa Rica.
  19. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
  20. Entire Agreement: These Terms constitute the entire agreement between you and HOSTEMCLOUD regarding the use of our services, superseding any prior agreements between you and HOSTEMCLOUD relating to your use of our services.
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