These Terms of Service ("Terms") constitute a legally binding agreement between you, the "CONTRACTOR", and HOSTINI TECNOLOGIA EM NUVEM LTDA, a limited liability company registered in Brazil, registered under CNPJ number 37.245.530/0001-00 ("CONTRACTED").
By signing up, accessing, or using any services offered by the CONTRACTED, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable policies and guidelines. If you do not agree with these Terms or our Privacy Policy, do not use or access the services of the CONTRACTED.
1. Account
1.1 - The CONTRACTOR must provide accurate, complete, and up-to-date information when creating and maintaining their account with the CONTRACTED. The CONTRACTOR is responsible for ensuring the truthfulness and accuracy of the information provided during registration and must update it whenever necessary to reflect any changes in their personal or contact details.
1.2 - The CONTRACTED reserves the right to request additional information or documents to verify the accuracy of the information provided by the CONTRACTOR. If the CONTRACTOR fails to provide such information or documents within the specified period, the CONTRACTED may suspend or terminate the CONTRACTOR's account without prior notice and without refund.
1.3 - Accounts that violate the CONTRACTED's Terms of Service, Brazilian laws, and/or the laws of the country where the service is located may be suspended or terminated at any time, with or without notice, and without the right to a refund. The CONTRACTOR is responsible for ensuring compliance with all applicable laws and regulations when using the services offered by the CONTRACTED.
2. Content
2.1 - All services offered by the CONTRACTED must be used only for legal purposes, in compliance with Brazilian laws and the laws of the countries where the services are located. The CONTRACTOR agrees to hold the CONTRACTED harmless from any liability for the misuse of its services.
2.2 - It is expressly prohibited to host illegal materials or third-party copyrighted content without proper authorization on our servers. The CONTRACTOR is responsible for ensuring that the content stored or transmitted through the CONTRACTED's services does not violate any laws or third-party rights.
2.3 - Hosting file-sharing websites, sending unsolicited spam/mass emails, or any other practices that may violate the CONTRACTED's acceptable use policies, applicable laws, or harm the quality of services offered to other CONTRACTORS is prohibited.
2.4 - Mining cryptocurrencies using the resources of the CONTRACTED's services is strictly prohibited.
2.5 - In the event of a violation of any clause of this section ("Content"), the CONTRACTOR's account and services may be suspended without prior notice and without the right to a refund.
3. Backups
3.1 - The CONTRACTED performs weekly backups of the CONTRACTORS' data for "VPS Servers" services as part of its efforts to ensure the security and continuity of the services provided. However, the CONTRACTED cannot guarantee the full recovery of all data in case of system failures, cyberattacks, natural disasters, or other unforeseen circumstances. Therefore, it is highly recommended that the CONTRACTOR maintains backup copies of their own data in a secure location of their choice.
3.2 - The CONTRACTOR expressly authorizes the CONTRACTED to create replicas of their files and data on other servers located in different data centers, as an additional security measure to ensure the protection of the CONTRACTOR's data. The CONTRACTED is committed to taking all reasonable precautions to ensure the security and privacy of these replicas.
3.3 - The CONTRACTED is not responsible for any loss of data, lost profits, direct or indirect damages, or any other harm resulting from the loss of the CONTRACTOR's data, regardless of the cause. It is the CONTRACTOR's responsibility to ensure they have adequate backups of their own data and take the necessary steps to protect and recover that data in case of failure.
3.4 - The CONTRACTED reserves the right to remove any outdated or unused backups after a period of 7 (seven) days. The CONTRACTOR must ensure they have updated backup copies of their data before the CONTRACTED removes any backups.
3.5 - The CONTRACTED provides the CONTRACTOR with the option to restore backups directly through the dashboard, without the need to request this action via a support ticket. The restoration of backups is subject to availability and the CONTRACTED's technical ability to recover the data. The CONTRACTOR must be aware that restoration may not be successful in all cases, and it is highly recommended to maintain additional backup copies of their own data.
3.6 - The CONTRACTOR is responsible for performing regular backups of all their content and data stored on the CONTRACTED's servers. The CONTRACTED is not responsible for files and/or data stored in the CONTRACTOR's account, nor does it offer guarantees for the recovery of lost information due to any eventuality.
3.7 - The CONTRACTED performs weekly backups only for "VPS Servers" services. These backups are kept for a period of 7 days and are intended for the CONTRACTED to use for disaster recovery purposes.
3.8 - The backups mentioned in clauses 3.1 and 3.7 do not replace the CONTRACTOR's responsibility to maintain regular backups of their own data and content.
4. Cancellations and Refunds
4.1 - Cancellation and/or refund requests must be made through a ticket in the customer area on the CONTRACTED's website. Requests made through any other means will not be accepted for security reasons.
4.2 - The refund amount may be credited to the CONTRACTOR's account on the CONTRACTED's website for future purchases or refunded using the same method used for payment.
For services with a monthly billing cycle, a refund will be granted if requested within 7 (seven) calendar days after the service is contracted. Renewals are non-refundable.
4.4 - For services with a billing cycle other than monthly, a refund will be granted if requested within 30 (thirty) calendar days after the service is contracted. After this period, the refund will be issued proportionally to the time of use, with a 30% (thirty percent) penalty applied to the remaining value of the plan.
4.5 - Payments related to upgrades are non-refundable, limited to the service's contracted value.
4.6 - The CONTRACTED will not issue refunds to third-party bank accounts. Refunds will only be issued to bank accounts in the name of the contract holder.
4.7 - From the approval of the refund request, the CONTRACTED will have 10 (ten) business days to process the refund. The refunded amount will be proportional to the remaining time of the service, starting from the opening of the refund ticket.
4.8 - Domain purchases are non-refundable. Once registered, no refunds will be issued, regardless of the reason. The CONTRACTED recommends carefully reviewing your choices before purchasing, as corrections after the transaction may be unfeasible. This policy applies to cancellations, service terminations, and other circumstances, with the reason being irrelevant after domain acquisition. By proceeding with the purchase, you agree to this no-refund policy for domains.
4.9 - For website hosting subscriptions that include domain acquisition, the refund is limited to the hosting value, subtracting the domain cost, which is non-refundable.
5. Payment Information
5.1 - The CONTRACTOR is fully responsible for keeping all payment obligations up to date and for submitting identification information when payment is made by methods requiring proof.
5.2 - The renewal of a service in arrears does not change the due date of the plan. The plan will continue to be due on the same day of the month. Example: A service due on 07/04/2024 paid on 10/04/2024 will have the next due date on 07/05/2024.
5.3 - By contracting the services of the CONTRACTED, the CONTRACTOR agrees to make the payment in advance for the contracted services throughout the plan's validity to avoid service suspension.
5.4 - Services with a (1) day delay from the original invoice due date will be automatically suspended. After payment is made, the account will be reactivated within 1 (one) business day, upon payment verification.
5.5 - In all plans offered by the CONTRACTED, any payment overdue for additional services will result in the suspension of the entire plan.
5.6 - Services with seven (7) days of delay from the original invoice due date will be automatically deleted, and recovery of files or restoration of services will be impossible.
5.7 - The CONTRACTED reserves the right to change the plan prices at any time according to market trends.
6. Traffic Limit
6.1 - The CONTRACTED does not guarantee a minimum bandwidth speed for any of the services offered.
6.2 - Each plan offered by the CONTRACTED has a specified monthly traffic volume, as described in the plan's details. Some plans may have unlimited traffic, while others have traffic limits based on the contracted plan.
6.3 - If the monthly traffic limit is exceeded, the service will be suspended until the next renewal cycle. Traffic consumption can be monitored in the customer area, within the service information.
6.4 - The contractor may choose to purchase additional traffic resources if needed, which will result in the service being reactivated.
7. Availability Guarantee (Uptime)
7.1 - Subject to the terms and conditions of this agreement and our other policies and procedures, we strive to provide services 24 (twenty-four) hours a day, 7 (seven) days a week.
7.2 - You agree that, occasionally, your service may be unavailable.
7.3 - The availability guarantee applies only to issues related to the infrastructure and services provided by the COMPANY. Software problems originating from the CLIENT are not considered for the purposes of the availability guarantee.
7.4 - If the service shows availability below 99% in a given month, which corresponds to a maximum of 7.2 hours of downtime in a 30-day month, you may request a credit to your account proportional to the downtime, provided the unavailability is due to issues under the responsibility of the COMPANY.
8. Discontinuation of Services (End-of-Life Policy)
8.1 - The COMPANY strives to prolong the lifespan of all offered services. However, we reserve the right to discontinue any service at our discretion.
8.2 - If the COMPANY decides to discontinue a service, we will make efforts to notify affected users at least thirty (30) days in advance.
8.3 - In the event of service discontinuation, the COMPANY will offer a refund or credit to affected users, as determined at the sole and absolute discretion of the COMPANY. The refund or credit will be calculated based on the remaining unused time of the contracted service.
9. Disclosure for Law Enforcement
9.1 - The COMPANY is committed to complying with applicable laws and cooperating with competent authorities when necessary. Therefore, we may be required to provide CLIENT data to competent authorities as mandated by law. This may include, but is not limited to, contact information, transaction history, and access logs, enabling authorities to take appropriate action under applicable legislation.
9.2 - Information about the CLIENT may be disclosed to competent authorities upon their request, without prior notice or awareness of the CLIENT.
10. Support
10.1 - Support provided by the COMPANY is limited to the technical aspect of the contracted service, including assistance with performance issues, instability, and service-related questions.
10.2 - The COMPANY is not obligated to provide support or assistance related to project development, applications, or other activities not directly connected to the contracted services.
10.3 - For VPS, Cloud, or Dedicated Servers, support from the COMPANY does not cover issues related to specific applications or the operating system used by the CLIENT.
11. General Provisions
11.1 - The COMPANY is not liable for any damages that the CLIENT’s company or business may suffer as a result of using the services offered. The COMPANY makes no implicit or explicit guarantees regarding the provided services.
11.2 - The COMPANY does not guarantee merchantability or fitness of the services for any specific purpose. This includes data loss resulting from delays, failed deliveries, incorrect deliveries, or any service interruptions caused by the COMPANY.
11.3 - The COMPANY reserves the right to revise its service policies at any time, with or without prior notice to the CLIENT.
12. Limitation of Liability
12.1 - The COMPANY does not guarantee that the services will be uninterrupted, error-free, or completely secure. The CLIENT agrees to use the services at their own risk and acknowledges that the COMPANY is not responsible for any hardware, software, network, or system failures.
12.2 - This limitation of liability applies to all aspects of the services provided by the COMPANY, including, but not limited to, delays, interruptions, security failures, and compatibility issues. Under no circumstances will the COMPANY's total liability to the CLIENT exceed the amount paid by the CLIENT for the services during the period in which the damages occurred.
13. General Data Protection Law (LGPD)
13.1 - The COMPANY is committed to complying with the provisions of Brazil’s General Data Protection Law (Law No. 13.709/2018), known as the LGPD, which governs the processing of personal data in the country.
13.2 - Personal Data: The COMPANY collects, stores, and processes CLIENT personal data necessary for the provision of the contracted services, including but not limited to name, address, email, phone number, and payment information.
13.3 - Purpose: The CLIENT's personal data will be used exclusively for the provision of the contracted services, communication with the CLIENT, responding to requests, improving the services offered, and complying with legal obligations.
13.4 - Sharing: The COMPANY may share the CLIENT’s personal data with third parties only when necessary for the provision of the contracted services, for compliance with legal obligations, or with the CLIENT’s express consent.
13.5 - Security: The COMPANY adopts appropriate technical and administrative measures to protect the CLIENT’s personal data against loss, unauthorized use, improper access, alteration, and unauthorized disclosure.
13.6 - Data Retention: The COMPANY will retain the CLIENT’s personal data for as long as necessary to fulfill the purposes described in these Terms of Service or as required by law.
13.7 - Data Subject Rights: The CLIENT has the right to request access to their personal data, as well as its correction, deletion, portability, anonymization, blocking, or removal of unnecessary, excessive, or improperly processed data. To exercise these rights, the CLIENT must contact the COMPANY through the available communication channels.
13.8 - Data Controller: The COMPANY acts as the data controller in processing the CLIENT’s personal data, being responsible for ensuring compliance with the provisions of the LGPD.
13.9 - Policy Changes: The COMPANY reserves the right to update or modify this section at any time to reflect changes in personal data processing practices or in applicable legislation. The CLIENT will be informed of any significant changes to this section.
