Terms & Conditions

1. Acceptance and Agreement

These Terms & Conditions ("Terms") govern access to and use of HostVera.com and HostVera services. Ordering a service, creating an account, accessing the client portal, or using a service constitutes acceptance of these Terms and incorporated policies, subject to non-waivable rights under applicable law.

2. Services

HostVera provides web hosting and related services described at checkout, in invoices, in the client portal, or in written service descriptions. Features and resource limits may vary by plan. HostVera may modify technical features when reasonably necessary for security, compatibility, performance, legal compliance, or service continuity.

3. Account Information and Security

Customers must provide accurate information and keep it current. Customers are responsible for protecting credentials, API keys, and access to their accounts and for activity performed using those credentials, except where applicable law provides otherwise. Suspected unauthorized access should be reported promptly.

4. Customer Content

Customers retain ownership of content they lawfully upload. They grant HostVera a limited license to host, transmit, cache, copy for backup, scan for security threats, and otherwise process content as reasonably necessary to provide, secure, maintain, and support the services.

5. Customer Responsibility

Customers are responsible for the legality, accuracy, security, licensing, privacy practices, and operation of their websites, applications, plugins, themes, databases, files, email lists, and user-generated content. HostVera is a hosting provider and does not guarantee that customer sites comply with laws applicable to the customer's business.

6. Acceptable Use

Customers must comply with the Acceptable Use Policy, Resource & Service Use Policy, applicable law, and reasonable security requirements. Prohibited uses include malware, ransomware, phishing, unauthorized access, fraud, abusive network activity, unlawful content, infringement, illegal spam, and conduct that materially harms systems or other customers.

7. Shared Resources and Fair Use

Unmetered or unlimited features, when advertised, refer to ordinary use consistent with the selected plan and available shared infrastructure. Excessive CPU, memory, I/O, process, database, email, storage, or network consumption may require optimization, restriction, upgrade, or migration.

8. Payments and Automatic Renewal

Customers authorize applicable charges according to the selected service and billing term. Taxes may be collected where required. Where recurring billing is offered, pricing, term, renewal, and cancellation information will be presented through the applicable purchase flow. HostVera intends to comply with applicable California automatic-renewal and continuous-service requirements and with federal consumer-protection requirements that cannot be waived by contract.

9. Cancellation and Refunds

Cancellation and refunds are governed by the Refund & Cancellation Policy and any service-specific offer. Cancellation generally prevents future renewal and does not automatically reverse charges already incurred.

10. Suspension and Termination

HostVera may suspend or terminate services for nonpayment, material breach, security threats, fraud, unlawful conduct, abuse, infringement, or other circumstances where action is reasonably necessary. Immediate suspension may occur when delay could cause substantial security, legal, or operational harm. Where practical, HostVera may provide notice and an opportunity to cure.

11. Data After Termination

After termination, access may cease. Customers are responsible for obtaining their own copies before termination. HostVera may delete account information and hosted data according to its retention and backup practices, subject to legal holds and other lawful requirements.

12. Backups

Customers should maintain independent backups. Any backup feature is a convenience and does not guarantee restoration of every file, message, database, configuration, or historical version.

13. Third-Party Services

HostVera may rely on third-party infrastructure, payment processors, domain registrars, software licensors, certificate authorities, email services, and network providers. Third-party terms may apply. HostVera is not responsible for independent acts or failures of third parties except to the extent applicable law or a separate written agreement provides otherwise.

14. Service Availability

HostVera seeks reliable service but does not promise uninterrupted or error-free operation unless a separate written service-level agreement expressly provides otherwise. Maintenance, outages, upstream failures, security events, internet congestion, hardware/software failure, natural disasters, governmental action, and other events beyond reasonable control can affect service.

15. Intellectual Property and DMCA

HostVera respects intellectual-property rights and may respond to legally sufficient copyright notices. Customers must have rights to content they host. HostVera may suspend or disable access to material when permitted or required by applicable law.

16. Email and Messaging

Customers sending commercial email are responsible for compliance with applicable laws. The federal CAN-SPAM Act covers commercial messages and includes requirements concerning accurate header information, non-deceptive subject lines, physical address information, and opt-out mechanisms. citeturn110968search1

17. Warranties and Disclaimers

To the maximum extent permitted by law, services are provided on an "as available" and "as is" basis. HostVera disclaims implied warranties to the extent legally permitted, but nothing in these Terms excludes a warranty, remedy, or consumer right that cannot legally be excluded.

18. Limitation of Liability

To the maximum extent permitted by law, HostVera will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, business opportunity, or data arising from use of the service. To the maximum extent permitted, HostVera's aggregate liability for a service will not exceed the amount paid for that service during the twelve months preceding the event giving rise to the claim. This limitation does not apply to non-waivable liabilities.

19. Indemnification

To the extent permitted by law, customers agree to defend and indemnify HostVera and its owners, employees, contractors, and service providers against third-party claims arising from unlawful use, customer content, violation of third-party rights, or material breach of these Terms, except to the extent a claim arises from HostVera's own non-waivable liability.

20. Government Requests and Cooperation

HostVera may comply with valid legal process and may preserve relevant information where legally required. Where permitted, we may notify a customer of a legal request. We may restrict or suspend access when required by law or reasonably necessary to protect systems or people.

21. Governing Law and Venue

These Terms are intended to be governed by California law, without regard to conflict-of-law principles, except where federal law or mandatory consumer law requires otherwise. Subject to applicable law, disputes may be brought in a court of competent jurisdiction in California. Nothing prevents a consumer from exercising a non-waivable statutory right or contacting a government agency.

22. Force Majeure

HostVera is not responsible for delay or failure caused by events beyond reasonable control, including natural disasters, severe weather, fire, flood, earthquake, war, terrorism, civil unrest, governmental action, labor disruptions, utility outages, upstream failures, widespread internet outages, or major cybersecurity incidents.

23. Severability, Survival, and Assignment

If a provision is held invalid, it will be limited or severed to the minimum extent necessary. Provisions concerning payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and post-termination obligations survive to the extent applicable. HostVera may assign these Terms in connection with a merger, acquisition, or transfer of business. Customers may not assign an account in a way that creates a new prohibited or unauthorized user without HostVera's approval.

24. Changes

HostVera may update these Terms as services, technology, and law change. Material changes will be posted with an updated effective date and any notice or consent required by law.

25. Contact

HostVera.com, 1256 W Lathrop Rd, Unit 158, Manteca, CA 95336; 209-665-7662.