These Terms of Service (“Terms”) are a legally binding agreement between you (“Customer,” “you,” or “your”) and MEXA TECHUB USA LLC, a limited liability company registered in the State of Florida, United States, operating under the brand Hostcloud360 (“Hostcloud360,” “we,” “us,” or “our”). These Terms govern your access to and use of the website hostcloud360.com (the “Website”) and our cloud VPS hosting services and any related products (collectively, the “Services”).
By creating an account, placing an order, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Refund & Cancellation Policy, our Acceptable Use Policy (AUP), and our Service Level Agreement (SLA), each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.
1.1 You must be at least 18 years old and capable of entering a binding contract to use the Services. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
1.2 You agree to provide accurate, current, and complete information during registration and checkout (including your legal name, email address, and billing information) and to keep it updated. We may suspend or terminate accounts registered with false or fraudulent information.
1.3 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including activity by anyone you allow to access your VPS instances. Notify us immediately at support@hostcloud360.com of any unauthorized use of your account.
2.1 Hostcloud360 provides self-managed cloud VPS (virtual private server) hosting plans as described on the Website, available in multiple datacenter regions (United States, United Kingdom, Singapore, and Australia). Plan specifications (CPU, RAM, storage, bandwidth) are as stated on the applicable plan page at the time of purchase. Optional add-ons include block storage volumes, automated backup plans, and managed database services.
2.2 Unless a service is expressly described as “managed,” the Services are unmanaged: you are responsible for the administration, configuration, software, security patching, and content of your VPS instances.
2.3 We may modify, upgrade, or discontinue features of the Services with reasonable notice. If we discontinue a plan you have paid for, we will offer a comparable replacement or a pro-rated refund for the unused period.
3.1 Prices. All fees are stated in U.S. dollars unless otherwise indicated and are exclusive of any applicable taxes, which will be added at checkout where required.
3.2 Payment processing. Payments are processed by our third-party payment processor, Stripe. By submitting payment information, you authorize us and Stripe to charge the applicable fees to your payment method. At checkout, you confirm your agreement to these Terms and to automatic recurring billing, and we retain a record of that consent.
3.3 Subscription billing. Subscription plans are billed upfront for the selected term (1 month or 12 months) and renew automatically at the end of each billing cycle at the then-current rate for your plan, and your stored payment method will be charged on or about the renewal date, until you cancel. The billing frequency and renewal terms are disclosed at checkout. For 12-month terms, we will email you a renewal reminder at least seven (7) days before the charge.
3.4 Pay-As-You-Go billing. If you select the Pay-As-You-Go payment method, you pre-fund a wallet balance by top-up, and usage charges for your active resources are deducted from your wallet in 30-minute intervals at the hourly rates shown for your configuration. You are responsible for maintaining a sufficient balance. If your balance reaches zero, we may suspend your Pay-As-You-Go instances and, if the balance is not restored within seven (7) days, terminate them and delete associated data in accordance with Section 8.3. Wallet refund terms are set out in the Refund & Cancellation Policy.
3.5 Cancellation. You may cancel at any time through your account dashboard, or by contacting support@hostcloud360.com, as described in the Refund & Cancellation Policy. Cancellation stops future renewals; fees already paid are refundable only as set out in the Refund & Cancellation Policy.
3.6 Price changes. We may change plan pricing and Pay-As-You-Go rates with at least 30 days’ notice by email before the change applies to your next renewal or future usage. If you do not agree to the new price, you may cancel before the change takes effect.
3.7 Late or failed payments. If a renewal charge fails, we will retry the charge and notify you. If payment is not received within seven (7) days of the due date, we may suspend the Services; if payment is not received within fourteen (14) days, we may terminate the Services and delete associated data in accordance with Section 8.3.
3.8 Chargebacks. Please contact support before disputing a charge with your bank. We reserve the right to suspend Services associated with an active payment dispute and to recover reasonable costs incurred from illegitimate chargebacks.
4.1 You retain all rights to the data, software, and content you upload to or run on your VPS instances (“Customer Content”). You grant us only the limited rights necessary to host, transmit, and display Customer Content as required to provide the Services.
4.2 You are solely responsible for Customer Content, including its legality, backup, and security. We do not back up your VPS data unless you purchase an automated backup plan for that instance. You must maintain your own backups.
4.3 We do not monitor Customer Content proactively, but we may access, preserve, or disclose it where required by law or where reasonably necessary to enforce these Terms, the AUP, or to protect the security of the Services.
5.1 Your use of the Services must comply at all times with our Acceptable Use Policy, which prohibits (among other things) spam, phishing, malware distribution, illegal content, copyright infringement, network attacks, and resource abuse.
5.2 We may suspend or terminate the Services immediately and without refund for violations of the AUP, as described in the AUP and Section 8 of these Terms.
6.1 Uptime commitments and downtime credits are governed exclusively by our Service Level Agreement. SLA credits are your sole and exclusive remedy for downtime.
6.2 Support is provided by email at support@hostcloud360.com. Support covers the availability of the VPS platform; it does not include administration of your operating system or applications on unmanaged services.
7.1 The Website, the Hostcloud360 brand, and all software, documentation, and materials we provide remain the property of MEXA TECHUB USA LLC or its licensors. We grant you a limited, non-exclusive, non-transferable license to use them solely to receive the Services.
7.2 Any third-party software you install on your VPS (operating systems, control panels, applications) is subject to its own license terms, and you are responsible for complying with them.
8.1 By you. You may terminate at any time by cancelling under Section 3.5.
8.2 By us. We may suspend or terminate your account and Services: (a) immediately, for material breach of these Terms or the AUP, fraud, illegal activity, or threats to the security or integrity of our network or other customers; (b) for non-payment or exhausted wallet balance under Sections 3.4 and 3.7; or (c) for any other breach that remains uncured seven (7) days after we notify you.
8.3 Effect of termination. Upon termination or expiration of the Services, your VPS instances will be deactivated and all Customer Content will be permanently deleted after a grace period of seven (7) days, except where a longer retention period is required by law. We are not liable for any loss of data resulting from termination. Sections that by their nature should survive (including Sections 3.8, 4, 7, 9, 10, 11, and 12) survive termination.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, EXCEPT AS EXPRESSLY STATED IN THE SLA.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEXA TECHUB USA LLC, ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.3 Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless MEXA TECHUB USA LLC from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) Customer Content; (b) your use of the Services in violation of these Terms, the AUP, or applicable law; or (c) your violation of any third-party right.
12.1 These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules.
12.2 Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Seminole County, Florida, and the parties consent to the personal jurisdiction of those courts.
12.3 Informal resolution first. Before filing any claim, you agree to contact us at support@hostcloud360.com and attempt in good faith to resolve the dispute informally for at least 30 days.
13.1 Entire agreement. These Terms, together with the policies incorporated by reference and your order details, are the entire agreement between you and us regarding the Services.
13.2 Changes to these Terms. We may update these Terms from time to time. For material changes, we will notify you by email or a prominent notice on the Website at least 14 days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance. If you do not agree, you may cancel before the changes take effect.
13.3 Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
13.4 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (e.g., natural disasters, war, internet backbone failures, actions of upstream providers), except for your payment obligations.
13.5 Severability & waiver. If any provision is held unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver of it.
13.6 Notices. We may provide notices to the email address on your account. You may send legal notices to support@hostcloud360.com and to our registered address below.
MEXA TECHUB USA LLC (operating as Hostcloud360) Email: support@hostcloud360.com Address: 968 Arden Woods, Oviedo, FL 32765, United States Website: https://hostcloud360.com
