1. Overview

These Terms of Service (“Agreement”) govern the access and use of Hostiera’s services, websites, and products. By accessing or using our services, you agree to be bound by these terms. If you do not agree with any part of this Agreement, you are not permitted to use our services. Hostiera reserves the right to modify or update this Agreement at any time. You should regularly review the terms to stay informed of any changes. Our services are designed to be accessible and easy to use for businesses and individuals seeking reliable web hosting solutions. We are committed to providing professional, high-quality hosting services to all customers, ensuring uptime, security, and customer support.

2. Eligibility; Authority

To use Hostiera’s services, you must be at least 18 years old or the legal age of majority in your jurisdiction. By accepting this Agreement, you represent and warrant that you are of legal age to enter into a binding contract. You also agree to comply with all local laws, regulations, and industry standards related to the use of our services. If you are using our services on behalf of an organization, you confirm that you have the necessary authority to bind that organization to these terms. If you are not authorized to do so, you must refrain from using our services. Additionally, any use of our services that violates applicable laws or regulations is strictly prohibited.

3. Accounts; Transfer of Data Abroad

When you create an account with Hostiera, you are required to provide accurate and complete information. This information is used to manage your account and deliver services. You are responsible for maintaining the confidentiality of your account credentials, including passwords, and for all activities that occur under your account. Hostiera is not liable for any unauthorized use of your account. In the course of providing services, your data may be transferred, stored, and processed in countries outside your home country, which may have different data protection laws. By using our services, you consent to the transfer of data across borders. Hostiera ensures compliance with international data protection standards, but it is essential for you to review applicable local laws regarding data privacy and security.

4. Availability of Website/Services

Hostiera strives to ensure that its services are available 24/7, but we do not guarantee continuous, uninterrupted access to our website or services. Occasional downtime may occur due to technical issues, maintenance, or external factors beyond our control. While we make every effort to provide reliable services, Hostiera is not responsible for any losses, damages, or inconveniences caused by service interruptions. We recommend that customers take appropriate measures, such as regular backups of critical data, to prevent data loss during downtime. Additionally, Hostiera reserves the right to suspend or discontinue its services at any time, with or without notice, for reasons including security concerns or policy violations.

5. General Rules of Conduct

When using Hostiera’s services, you agree to abide by the following rules of conduct. You will not engage in activities that could harm our systems, network, or other users. This includes, but is not limited to, the use of our services for illegal activities, spamming, distribution of malware or viruses, hacking attempts, or any form of harassment. Hostiera reserves the right to investigate and take appropriate action if any conduct is deemed harmful or in violation of our policies. Failure to adhere to these rules may result in the suspension or termination of your account. We encourage a collaborative and respectful environment for all users of our platform, and we take these matters seriously to maintain a secure, lawful hosting environment.

6. Your Use of Hostiera Content and User Content

Hostiera owns and retains all rights to the content we provide, including logos, trademarks, and materials associated with our services. You may not copy, distribute, or modify any Hostiera content without prior written consent. You retain ownership of any content you upload or publish on our platform (“User Content”). By submitting User Content to Hostiera, you grant us a license to use, display, and distribute it in connection with providing the services. This license is non-exclusive, worldwide, and revocable at any time. You are solely responsible for the content you upload and for ensuring that it does not infringe on the intellectual property rights or privacy rights of others.

7. Hostiera’s Use of User Content

Hostiera uses User Content only to provide the services as outlined in this Agreement. We may access and modify your content for purposes of troubleshooting, maintenance, security, or to ensure compliance with applicable laws and regulations. However, we do not share or use your content for any purposes beyond providing the agreed-upon services, unless required by law or with your explicit consent. We value your privacy and ensure that your data is protected from unauthorized access, while also complying with applicable data protection laws. We do not sell or lease your User Content to third parties without your permission.

8. Monitoring of Content; Account Termination Policy

Hostiera reserves the right to monitor User Content for compliance with our policies and applicable laws. This may involve reviewing content for the presence of illegal material or material that violates our terms. If any content is deemed to be in violation of our policies, Hostiera may remove it and take corrective actions, including suspending or terminating the user’s account. We strive to maintain a safe and respectful environment for all users and encourage users to report any violations they observe. Our account termination policy is designed to address situations where a user repeatedly violates our terms or engages in activities that compromise the integrity of the platform.

9. Additional Reservation of Rights

In addition to the rights outlined in this Agreement, Hostiera reserves all other rights necessary to operate and protect its services. This includes the right to restrict access, modify services, or implement new features without prior notice to users. Hostiera may, at its sole discretion, suspend or terminate any account that violates the terms of service or engages in harmful conduct. These rights are essential for maintaining the security and functionality of our platform. We may also collaborate with law enforcement or third parties when necessary to address illegal activities or security threats, and may disclose user data in accordance with applicable laws.

10. No Spam; Liquidated Damages

Hostiera has a strict no-spam policy. Users are prohibited from sending unsolicited or bulk messages, including but not limited to advertising, promotional content, or malicious links. Violations of this policy will result in immediate account termination and legal action, if necessary. We understand that spam can cause significant harm to both users and the wider internet community, and we take all necessary steps to prevent such activities. In the event of a breach of our no-spam policy, users may be liable for liquidated damages to cover the costs of remedying the breach, including legal fees, system repairs, and lost revenue.

11. Trademark and/or Copyright Claims

Hostiera respects the intellectual property rights of others and expects users to do the same. If you believe that your intellectual property has been infringed upon by content hosted on our platform, you may submit a complaint to us. We will review all claims in accordance with applicable copyright laws and take appropriate action. This may include removing the infringing content or suspending the user’s account. If you are submitting a claim, you must provide sufficient evidence of ownership of the intellectual property in question and the alleged infringement. Hostiera’s policy is to respond promptly to all legitimate claims of intellectual property infringement.

12. Links to Third-Party Websites

Our website and services may contain links to third-party websites. Hostiera does not control these websites and is not responsible for their content or the practices of third-party entities. We recommend that you review the privacy policies and terms of service of any third-party websites you visit. Hostiera provides these links for convenience and does not endorse or guarantee the products or services offered by third-party websites. If you engage with third-party websites or services, you do so at your own risk.

13. Automated Content

Hostiera may use automated systems to process and display content on its platform. This includes automated content moderation, backups, and optimization processes. While we take great care to ensure that automated systems function effectively, we are not responsible for errors that may arise from automated content processing. Users should verify the accuracy of any automated systems before relying on them for critical operations. Hostiera strives to improve the reliability and efficiency of automated services, but users must remain vigilant about system limitations.

14. Limited Warranties

Hostiera provides its services “as is” without any express or implied warranties. While we strive to offer high-quality hosting services, we cannot guarantee that our services will meet your expectations or be error-free at all times. Hostiera does not guarantee uninterrupted access, and we do not offer warranties against potential service interruptions, delays, or losses. You understand and agree that the use of our services is at your own risk. Hostiera disclaims all warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permitted by law.

15. Limitation of Liability

Hostiera’s liability for any damages arising from the use of our services is limited to the amount paid for the service in question, for the duration of the service. We will not be held liable for indirect, incidental, or consequential damages, including but not limited to lost profits, data loss, or business interruption. This limitation of liability applies even if Hostiera has been advised of the possibility of such damages. By using our services, you agree to limit Hostiera’s liability in this manner.

16. Indemnity

You agree to indemnify and hold Hostiera, its affiliates, employees, and agents harmless from any claims, losses, liabilities, or damages, including legal fees, arising from your use of our services or your violation of these terms. This indemnity applies to any claims brought by third parties due to your actions, negligence, or misconduct while using Hostiera’s services.

17. Discontinued Services; End of Life Policy

Hostiera reserves the right to discontinue any of its services or features at any time, with or without notice. In the event that we discontinue a service or feature, we will make reasonable efforts to notify affected customers in advance. However, we are not responsible for any losses or disruptions caused by the discontinuation. We encourage users to regularly back up their data and to stay informed about service updates. When a service is nearing its end of life, we will provide notice and offer alternatives whenever possible.

18. Fees and Payments

Users are required to pay all applicable fees for the services provided by Hostiera, as outlined on our pricing page or as otherwise agreed. Fees are non-refundable except as required by law. Payments are due in advance for the period specified in the agreement. Hostiera accepts payments via various methods, including credit cards and electronic transfers. Failure to pay on time may result in suspension or termination of services. If there are any issues with payment, please contact our support team immediately to resolve the issue.

19. Successors and Assigns

Hostiera may assign or transfer its rights and obligations under this Agreement to any successor, affiliate, or third party at its discretion. Users may not assign or transfer their rights and obligations without Hostiera’s prior written consent. This Agreement is binding upon your heirs, successors, and assigns.

20. No Third-Party Beneficiaries

Except as otherwise explicitly stated, this Agreement is intended solely for the benefit of the parties involved. No third-party individuals or organizations have the right to enforce any provision of this Agreement. Only Hostiera and the user have enforceable rights under this Agreement.

21. Compliance with Local Laws

You are responsible for ensuring that your use of Hostiera’s services complies with all applicable laws and regulations in your jurisdiction. Hostiera does not guarantee that its services are suitable for all legal environments. Users should ensure that their activities do not violate local laws, including data protection, privacy, and intellectual property laws. Hostiera is not responsible for any violations of the law that occur as a result of your use of the service.

22. Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Gurgaon, Haryana, India. Both parties waive the right to a trial by jury, and any legal action must be initiated in the appropriate court.

23. Titles and Headings; Independent Covenants; Severability

The titles and headings used in this Agreement are for convenience only and do not affect the meaning or interpretation of the provisions. The terms and conditions of this Agreement are independent, and if any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

24. Contact Information

If you have any questions or concerns about this Agreement, please contact us at the following address:

Attention to: Hostiera

Address: 123 DLF Phase 03, Gurgaon, 120001, India

Email: [email protected]