Terms of Service | HOSTEMCLOUD

1. Who we are and what these terms cover

HOSTEMCLOUD is operated by HOSTEMCLOUD S.R.L., a company registered in Costa Rica under legal ID (cédula jurídica) 3-102-837282 ("HOSTEMCLOUD", "we", "us").

These terms govern your use of our hosting services and of hostemcloud.com, including the client area at my.hostemcloud.com (together, the "Services"). By creating an account, placing an order or using the Services, you agree to these terms. If you do not agree, do not use the Services.

"You" means the person or entity that holds the account. If you accept these terms on behalf of a business, you confirm you are authorized to bind it. You must be at least 18 years old, or have the consent of a parent or legal guardian, to hold an account.

2. The Services

We provide cloud web hosting on Google Cloud infrastructure, currently offered as the UNITY plan. Every account includes:

A cPanel hosting account for websites and applications (WordPress, e-commerce, PHP, Python, Node.js, Ruby).
Email accounts on your domains. Outbound email is delivered through a third-party SMTP relay (SendGrid).
An SSL certificate for each hosted domain, server-level malware protection (Imunify360) and continuous monitoring.
Ticket support through the client area.

We also register, renew and transfer domain names (see section 2.8).

The plan's current price, included resources and any add-ons are shown on our website and in the client area at the time you order.

2.1 Resources and growth

The UNITY plan costs US$45 per month (plus IVA) and includes 10 GB of SSD storage, 10 GB of monthly bandwidth, 2 MySQL databases and 1 subdomain. Email accounts have no per-account charge. You can grow beyond the included amounts at any time; usage above them is metered and billed on your next invoice at these monthly rates (US dollars, plus IVA):

Resource	First 11 extra units	Next 10	Beyond that
SSD storage (per GB)	$2.07	$1.65	$1.45
Bandwidth (per GB)	$1.49	$0.92	$0.57

Additional MySQL database: $1.13 per database
Additional subdomain: $1.12 per subdomain
Addon domain (another website on the same account): $13.44 per domain

Storage is measured when the invoice is generated; bandwidth is measured over the previous calendar month. Each account also runs within per-account limits for CPU, memory, disk I/O and processes, which keep one account from affecting others. If an account consistently exceeds those limits we will contact you to find a fix, which may include moving to a larger allocation.

2.2 Free migration

Each UNITY plan includes one free migration of a website or web application from another provider, and each addon domain you add includes one more. Sites are moved as-is. This covers sites and applications that run on our platform (for example WordPress and other PHP/MySQL sites, static sites, and PHP, Node.js, Python or Ruby applications), together with their email accounts and messages when the source is a cPanel server we can transfer from.

If the source is a cPanel account, we can transfer the whole account (every site, subdomain, database and mailbox in it) as the plan's single migration; any addon domains, subdomains or databases it brings over are billed at the rates in section 2.1.

You must give us working access to the source files and database, or a complete backup. The migration does not include upgrades, code changes or fixes to pre-existing problems. Sites hosted on subdomains, sites on platforms that do not allow exporting a copy (such as Wix, Squarespace or Shopify), and email from providers that are not cPanel (such as Google Workspace or Microsoft 365) are quoted separately.

2.3 Hack recovery

If a site on an account in good standing is compromised, we will clean it and, where needed, restore it from our backups at no extra cost. We may require you to change passwords and update or remove vulnerable software. If a site is repeatedly compromised because recommended updates were not applied, further clean-ups may be billed or the site may be suspended until it is secured.

2.4 Updates and your responsibilities

We keep the server platform (operating system, web server, language runtimes and security software) patched and up to date. Unless we agree otherwise in writing, you are responsible for your own content and applications, including WordPress core, themes and plugins, and for keeping your passwords secure.

2.5 Availability

We target 99.9% monthly uptime for the hosting platform. This target does not cover scheduled maintenance (announced in advance where possible), problems caused by your own code, content or configuration, suspensions under these terms, third-party services outside our control (such as domain registries or the email relay), or the events described in section 12.

2.6 Support

Support is provided 365 days a year through tickets in the client area, which is the official channel for support requests, cancellations, refund requests and notices about your account.

2.7 Changes to the Services

We may improve, change or retire features as our platform evolves. We will give you reasonable advance notice of any change that materially reduces what your plan includes.

2.8 Domain names

Registry rules. Domains are registered through accredited registrars and are subject to the policies of the registry that manages each extension, including its dispute resolution rules. We cannot guarantee that a domain is available until the registration is confirmed.
Ownership. Domains are registered in your name as the registrant. You must provide accurate registrant contact details and keep them current; registries can suspend or cancel domains with false or outdated information.
Renewals. We send the renewal invoice before the expiry date. Paying it on time is your responsibility: a domain that is not renewed expires and may be lost, and recovering it after expiry can carry additional registry fees.
Transfers. You can transfer a domain to another provider at any time by requesting its transfer code through a ticket, except where registry rules temporarily lock it, for example shortly after a registration or transfer.

3. Your account

You must provide accurate, complete information and keep it up to date, including your email address. You are responsible for all activity under your account and for keeping your credentials confidential. Tell us immediately through a ticket if you suspect unauthorized access.

You may hold more than one account for legitimate reasons, such as separate businesses. We may consolidate or close accounts used to get around these terms or to repeatedly claim offers meant for new customers.

You may not resell, sublease or otherwise provide the Services to third parties unless we authorize it in writing. Hosting your own clients' websites under your account is allowed, but you remain responsible for them under these terms.

4. Backups

We take a backup of every account daily and keep up to 3 days of backups. Backups are a safety measure provided as part of the Services, not a guarantee against every data loss, and we cannot restore data older than our retention period. You should keep your own copies of any content you cannot afford to lose.

5. Billing and payment

Billing cycle. Hosting is billed monthly. Your first invoice is prorated so that every account renews on the 1st of the month. Domains are billed in advance for their full registration or renewal period.
Due date. Payment is due on the 1st of each month, in advance, for that month's service.
Payment methods. We accept PayPal and bank transfer.
Late payment. If an invoice is still unpaid after the 5th of the month, we may suspend the account until it is paid in full. Service is restored once the account is current.
Taxes. Prices are in US dollars. Applicable taxes, including Costa Rica's value-added tax (IVA), are added to your invoice unless the price states that they are included.
Price changes. We will notify you of any price change at least 30 days before it takes effect. New prices apply from your next billing cycle after the notice period.
Billing disputes. If you believe a charge is wrong, open a ticket within 30 days of the invoice date so we can review it.

6. Acceptable use

You must use the Services lawfully. You may not use them to:

Carry out, promote or support illegal activity.
Host or distribute malware, phishing pages or other malicious code.
Send unsolicited bulk email (spam), send email to purchased or harvested lists, or host content advertised through spam. We may apply sending limits and pause outbound email that harms the reputation of our servers or the email relay.
Infringe copyright, trademarks or other intellectual property rights.
Host child sexual abuse material, pornography or sexually explicit content, or content that incites violence or harassment.
Attempt to access accounts, systems or data without authorization, or probe, scan or attack any network, including ours.
Host tools whose main purpose is to break security, such as password crackers or exploit kits.
Run cryptocurrency mining, public proxies or VPN services, torrent trackers or IRC servers.
Degrade the platform for other customers, for example by deliberately exhausting shared resources.
Impersonate another person or organization, or falsely claim an association with one.

Running your own applications, scheduled tasks and bots is allowed, as long as they respect the rules above and the rights of the sites and services they interact with.

If we find a violation, we may remove the offending content, limit the service or suspend the account. Where the risk allows, we will contact you first and give you a chance to fix it. We cooperate with competent authorities when the law requires it.

7. Your content and intellectual property

You keep all rights to the content you host with us. You grant us only the permissions needed to store, copy, back up and serve that content in order to provide the Services.

HOSTEMCLOUD, UNITY and our logos are our trademarks and may not be used without our written permission.

Infringement and abuse reports. If you believe content hosted with us infringes your rights or breaks the law, send us a report through the contact form. Include the exact URL, a description of the problem and your contact details. We review every report and may take down content, or ask the account holder to respond, as appropriate.

8. Personal data

We process the personal data you give us (such as your name, contact details and billing information) to provide and bill the Services, in accordance with Costa Rica's personal data protection law (Ley 8968). You can ask to access, correct or delete your data through a ticket. For content that contains personal data of third parties, you are the one responsible for complying with the law, and we process that data only to host it for you.

9. Cancellation, suspension and termination

9.1 Cancelling

You can cancel at any time by submitting a cancellation request from the client area or through a ticket. The cancellation takes effect at the end of the current billing month unless you ask for it to take effect immediately. Stopping payment is not a cancellation: unpaid invoices remain owed.

9.2 Suspension and termination by us

We may suspend or terminate an account for non-payment, for serious or repeated violations of these terms, when required by law or a competent authority, or when an account poses an immediate security risk to our platform or other customers. For immediate risks we may act without prior notice and will tell you as soon as possible afterwards.

9.3 What happens to your data

After an account is cancelled or suspended for non-payment, it stays inactive for 3 months. During that time you can reactivate it by settling any outstanding balance; this is the only way to regain access to the account or its data. Once those 3 months are over, the account is terminated.

Terminating an account, whether at the end of that period or by us under section 9.2, permanently deletes the account and all of its data from our servers. Deletion is final: we do not restore deleted accounts, from backups or by any other means.

10. Refunds

30-day money-back guarantee. First-time customers can request a full refund of their hosting fees within 30 days of their first purchase. The guarantee applies once per customer.
How to request. Open a ticket in the client area within the 30-day period.
Other requests. Outside the guarantee, we review refund requests case by case, considering the issue, how long and how much the service was used, and what was done to resolve it. We will explain our decision.
Non-refundable items. Domain registration and renewal fees, and third-party licenses bought on your behalf, are not refundable.
Method. Approved refunds are returned through the original payment method where possible.

These rules do not limit any right to a refund you have under Costa Rica's consumer protection law.

11. Warranties and limitation of liability

We provide the Services with reasonable care and skill. Beyond what these terms expressly state, the Services are provided "as is", and we do not guarantee they will be uninterrupted or error-free.

To the extent permitted by law:

We are not liable for indirect or consequential losses, such as lost profits, lost revenue or business interruption, or for data loss that your own backups could have prevented.
We are not responsible for third-party services, software or websites, including applications you install.
Our total liability for any claim related to the Services is limited to the amount you paid us for the affected service in the 12 months before the event that gave rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or gross negligence, or your rights as a consumer under Costa Rica's consumer protection law (Ley 7472).

You agree to indemnify HOSTEMCLOUD against third-party claims arising from your content, your use of the Services or your breach of these terms.

12. Force majeure

We are not responsible for failures or delays caused by events beyond our reasonable control, such as natural disasters, power or network failures at upstream providers, failures of third-party cloud infrastructure, cyberattacks we could not reasonably prevent, strikes or government action.

13. Changes to these terms

We may update these terms as our Services and the law change. We will publish the new version on this page with its update date and, for material changes, notify you by email or through the client area at least 30 days before they take effect. If you do not agree with a change, you can cancel before it takes effect; continuing to use the Services after that date means you accept the updated terms.

14. General

Governing law. These terms are governed by the laws of the Republic of Costa Rica, and disputes are subject to the courts of Costa Rica.
Language. These terms are published in English and Spanish. If the two versions differ, the Spanish version prevails.
Severability. If any provision is found unenforceable, it is limited to the minimum extent necessary and the rest remains in force.
Entire agreement. These terms, together with your order and any written agreement with us, are the entire agreement between you and HOSTEMCLOUD about the Services.
Contact. Customers: a ticket in the client area. Everyone else: our contact form. New customers can sign up at my.hostemcloud.com.