Terms of Service

This document is a binding contract between you and HostEngine Cloud Inc., a Delaware corporation with offices at 1208 Marlin Drive, Suite 240, Wilmington, DE 19801, USA.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization to this agreement. The terms "you" and "your" then refer to that organization.

The Service includes cloud compute (Cloud VPS, Forex VPS, Dedicated Servers, GPU Cloud), managed hosting (cPanel, Plesk, Managed WordPress, App Platform), data services (Object Storage, Managed Databases) and edge services (Global CDN, DDoS Shield), together with the supporting control plane, APIs and documentation.

We may modify the Service at any time. We will use commercially reasonable efforts to give thirty (30) days' notice of any breaking changes that materially reduce functionality.

You are responsible for keeping your credentials secure, for all activity under your account, and for ensuring that team members access the Service only as authorized. We strongly recommend enabling two-factor authentication and SSO if available.

You agree not to share login credentials, attempt to gain unauthorized access to other customers' workloads, or use the Service to violate the Acceptable Use Policy referenced below.

Fees for the Service are set out in the published price list at hostengine.com/pricing and are billed in arrears, monthly, in U.S. Dollars unless otherwise agreed in writing.

You authorize us to charge your nominated payment method for all fees due. If a charge fails, we will email you twice before the Service is suspended. Suspended accounts are preserved for thirty (30) days before deletion.

All fees are exclusive of any applicable taxes, levies or duties unless explicitly stated. Prepaid annual credits are non-refundable but may be applied across any product.

HostEngine retains all right, title and interest in the Service, including its software, documentation and trademarks. You retain all right, title and interest in your own content, applications and data ("Customer Content") that you upload, configure, or process through the Service.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms during the term of your subscription.

We process Customer Content in accordance with our Privacy Policy and (where applicable) our Data Processing Addendum. We do not sell or rent Customer Content and we do not access it except as required to operate the Service or as you direct.

You are responsible for the legality, accuracy and provenance of Customer Content. You must obtain and maintain any consents required for us to host or process it.

We warrant that the Service will substantially conform to its published documentation and that we will provide it with a level of skill and care commensurate with industry standards. Specific availability commitments are set out in the Service Level Agreement attached to your subscription tier.

EXCEPT AS EXPRESSLY SET OUT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA OR GOODWILL.

EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO HOSTENGINE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You may cancel your account at any time from the dashboard or via the API; you remain liable for fees accrued through the cancellation date. We may suspend or terminate your account on notice if you materially breach these Terms or the Acceptable Use Policy and do not cure within fifteen (15) days.

Upon termination, we will retain Customer Content for thirty (30) days to allow export and then permanently delete it from our active systems. Backups are deleted on a rolling 90-day schedule.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Disputes will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction.

If any provision of these Terms is held unenforceable, the remainder will continue in full force. Our failure to enforce any right is not a waiver of that right.