Terms of Service

Last Updated: May 28, 2025

1. Introduction and Acceptance

1.1 Agreement Overview

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hostero.cloud, operated by Milan Machyňák, Business ID: 04713702, registered address: Holandská 2714/1, Znojmo, 669 02, Czech Republic ("Company," "we," "us," or "our").

1.2 Service Description

Hostero.cloud provides gaming server hosting platform services, including virtual and dedicated server rental, storage solutions, internet connectivity, technical support, and related services.

1.3 Acceptance of Terms

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

1.4 Eligibility

You must be at least 18 years old or have legal capacity to enter into contracts in your jurisdiction to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

2. Definitions

For the purposes of these Terms:

• "Services" means all hosting services, platforms, software, and related services provided by Company
• "User Account" means the account created by you to access and manage our services
• "Gaming Server" means virtual or dedicated servers configured for gaming applications
• "Content" means any data, files, applications, or materials uploaded or stored on our servers
• "Platform" means the Hostero.cloud website and associated interfaces

3. Account Registration and Management

3.1 Account Creation

To use our services, you must create a User Account by providing accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or applicable laws, with or without notice.

4. Services and Service Levels

4.1 Service Availability

We guarantee 99.9% uptime for our services on a monthly basis. Planned maintenance, force majeure events, and outages caused by user actions or third parties are excluded from this guarantee.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice when possible.

4.3 Technical Support

Technical support is provided via:

• Email support
• Website contact forms
• Phone support (during business hours: 8:00 AM - 5:00 PM CET, Monday-Friday)

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our services for:

• Hosting legitimate gaming servers and applications
• Storing and processing lawful content
• Activities that comply with these Terms and applicable laws

5.2 Prohibited Activities

You may not use our services for:

5.2.1 Illegal Activities

• Any illegal activities or violations of applicable laws
• Distributing malware, viruses, or malicious code
• Hacking, phishing, or unauthorized access attempts
• Copyright infringement or intellectual property violations

5.2.2 Harmful Content

• Pornographic, obscene, or adult content
• Content promoting violence, hatred, or discrimination
• Spam, unsolicited communications, or bulk messaging
• Content that violates privacy rights of others

5.2.3 System Abuse

• Activities that degrade system performance or availability
• Excessive resource consumption beyond purchased limits
• Attempts to bypass security measures or access controls
• Cryptocurrency mining without explicit permission

5.2.4 Commercial Restrictions

• Reselling services to third parties without written consent
• Operating services that compete with our business
• Sublicensing or transferring your account without permission

6. Pricing and Payment Terms

6.1 Pricing

Service pricing is based on our current price list published on our website. Prices may change with 30 days' notice posted on our website.

6.2 Payment Methods

We accept payments via:

• Credit and debit cards
• Bank transfers
• Other payment methods as available

6.3 Billing Cycles

• Prepaid Services: Billed in advance for the selected period
• Usage-Based Services: Billed monthly in arrears based on actual usage

6.4 Payment Terms

• Payment is due within 14 days of invoice date
• Late payments may result in service suspension and late fees of 0.05% per day
• Reactivation fees may apply for suspended services

6.5 Refund Policy

• Prepaid services: Refunds calculated pro-rata for unused periods
• Setup fees and one-time charges are non-refundable
• Refund requests must be made within 30 days of service termination

7. Data and Content

7.1 Your Data Ownership

You retain ownership of all content and data you upload to our servers. We do not claim ownership of your content.

7.2 Data Backup and Recovery

• You are responsible for backing up your data
• We provide backup services as optional add-ons
• We are not liable for data loss unless caused by our gross negligence

7.3 Data Retention

Upon service termination, you have 7 days to retrieve your data before it may be permanently deleted.

7.4 Content Monitoring

We reserve the right to monitor content for compliance with these Terms and applicable laws, but are not obligated to do so.

8. Intellectual Property

8.1 Our Intellectual Property

All rights, title, and interest in our platform, software, and services remain our exclusive property. These Terms do not grant you any ownership rights to our intellectual property.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our services in accordance with these Terms.

8.3 Trademark Usage

You may not use our trademarks, logos, or brand names without our prior written consent.

9. Privacy and Data Protection

9.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 GDPR Compliance

We comply with the General Data Protection Regulation (GDPR) and applicable data protection laws.

9.3 Data Processing

By using our services, you consent to our processing of your personal data as described in our Privacy Policy.

10. Limitation of Liability

10.1 Service Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, express or implied.

10.2 Liability Limitations

To the maximum extent permitted by law, our total liability for any claims related to these Terms or our services shall not exceed the amount you paid for services in the 12 months preceding the claim.

10.3 Excluded Damages

We shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption (except where caused by our gross negligence)
• Service interruptions due to force majeure events

11. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of applicable laws or third-party rights
• Content you upload or transmit through our services

12. Service Level Agreement

12.1 Uptime Guarantee

We guarantee 99.9% monthly uptime for our services, calculated as follows:

12.2 Service Credits

If we fail to meet the uptime guarantee, you may be eligible for service credits:

• 99.0% - 99.8% uptime: 10% monthly service credit
• 95.0% - 98.9% uptime: 25% monthly service credit
• Below 95.0% uptime: 50% monthly service credit

12.3 Credit Limitations

• Credits must be requested within 30 days of the outage
• Credits are applied to future invoices, not cash refunds
• Maximum credits per month: 100% of monthly service fees

13. Term and Termination

13.1 Term

These Terms remain in effect while you use our services or maintain an account with us.

13.2 Termination by You

You may terminate your account at any time by:

• Canceling your services through your account dashboard
• Contacting our support team
• Providing written notice

13.3 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms or applicable laws
• Your account becomes inactive for an extended period
• We discontinue our services

13.4 Effect of Termination

Upon termination:

• Your access to services will cease
• Outstanding fees become immediately due
• You must retrieve your data within 7 days
• Survival clauses remain in effect

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Czech Republic, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in the Czech Republic.

14.3 Alternative Dispute Resolution

We encourage resolving disputes through direct communication. If informal resolution fails, we may agree to mediation or arbitration.

15. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters or acts of God
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Internet infrastructure failures
• Power outages or utility failures

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and us.

16.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website with at least 30 days' notice. Continued use of our services constitutes acceptance of modified Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.6 Notices

All notices must be in writing and delivered to the addresses specified in your account or our contact information.

17. Contact Information

For questions about these Terms or our services, please contact us:

Hostero.cloud
• Email: [email protected]
• Address: Milan Machyňák, Holandská 2714/1, Znojmo, 669 02, Czech Republic
• Website: hostero.cloud