Terms and conditions of service

01Parties and definitions

The service provider is Daniel Antonio Castillo Nah, an individual registered for business activity in Mexico (persona física con actividad empresarial), tax ID (RFC) CAND910511NU6, located at Calle 31 No. 194, Col. San Rafael, C.P. 97680, Tekit, Yucatán, México (“HostSpace”, “we”). HostSpace, ProWeb Desarrollo and Amartista are trade names of the same owner.

In these terms:

• Customer: the individual or company that creates an account or purchases services. If you purchase on behalf of a company, you represent that you are authorized to bind it.
• Portal: the HostSpace customer portal, where services are purchased, paid for and managed.
• Services: web hosting (cPanel), business email, domain registration, renewal and transfer, paid SSL certificates, virtual private servers (VPS) and any others we publish.
• Invoice: the payment order with an internal number that the portal issues for each purchase or renewal. It is not a tax receipt; the tax receipt is the CFDI.
• Term: the period each payment covers according to the chosen billing cycle (monthly, quarterly, semiannual, annual, two-, three- or five-year, depending on the service).

02Account and portal access

To purchase you need an account verified with your email address or your Google account. You must provide true, complete and current information, and be of legal age and able to enter into contracts.

One account can manage one or several customers, and a customer can invite other people with a role: owner, administrator, billing or technical. Each role only sees and does what it is allowed to. The owner and administrators are responsible for the people they invite and what they do with their access, and must remove access when it is no longer appropriate.

You are responsible for keeping your passwords, two-step verification and recovery codes and service passwords (cPanel, mailboxes, VPS root) confidential, and for all activity carried out with them. We recommend enabling two-step verification and reviewing your active sessions. Let us know immediately if you suspect unauthorized use.

03Purchasing

Services are purchased through the portal (or with help from our team). The process is:

• You choose the service, billing cycle and, where applicable, the domain, region or operating system; the portal shows the price, the total including VAT, any promotion applied and the renewal price.
• When you confirm the order, an invoice is issued, due immediately.
• The service is activated once payment is received: the hosting or email account is created, the domain is registered or transferred, the certificate is requested from the certificate authority or the VPS is created. We notify you by email and in the portal when it is ready.
• An unpaid order does not reserve the service or the domain name, which someone else may register in the meantime.

The agreement is concluded electronically under articles 80 and 89 to 114 of the Mexican Commercial Code and 1803 and 1834 bis of the Federal Civil Code. We keep a record of your orders, invoices, payments and acceptances, which you can see in the portal.

04Prices

Prices are in Mexican pesos (MXN) and include value added tax (IVA). The total shown when you confirm the order is what you pay.

The price of each purchased service is fixed for its term and carries over to renewals. If we change the renewal price of a service you already have, we will email you at least 30 calendar days before the renewal; if you disagree, you may turn off auto-renewal or cancel the service without penalty before that date.

Prices on the website are for information; the price shown by the portal when you confirm the order prevails. If an obviously wrong price is published by mistake, we will tell you before charging and you may confirm the order at the correct price or cancel it with a full refund.

05Payment methods

• Credit or debit card (Visa, Mastercard, American Express and Carnet), processed by Openpay. Card details are entered directly into Openpay from your browser: HostSpace never receives or stores your full card number or security code; we only keep the brand, last four digits, expiry date and issuing bank to identify it.
• SPEI bank transfer to the account shown on the portal invoice. After transferring you must report the payment from the invoice (“I paid by transfer”) with the tracking key or reference; the invoice is marked paid once we confirm the deposit, usually within one business day.

Your bank may require additional authentication (such as 3D Secure) or decline a charge for security reasons. Charges appear on your statement under the trade name registered with Openpay.

We do not accept partial payments: each payment covers the full invoice total. Any fee your bank charges for the transfer is your responsibility.

06Auto-renewal and recurring card charges

Services are purchased for terms that renew automatically at the end of each term, at the same price and for the same billing cycle, unless you turn off auto-renewal. By saving a card in the portal and ticking the corresponding authorization, you expressly authorize us to charge each renewal to your default card, as follows:

• Advance notice: 7 calendar days before the renewal date we issue the invoice for the next term and notify you by email and in the portal of the service, amount, charge date and the card (brand and last four digits) to be charged.
• Charge date: the renewal date. If the charge is declined, we retry 1, 3 and 5 days later and notify you of each declined attempt.
• Card: the customer’s default card is used (the first one you save, or the one you choose). You can change it, add another or delete it at any time under Billing › Payment methods.
• How to stop it: you can turn off auto-renewal of your domains, SSL certificates, hosting, email plans and VPS servers from each service’s page in the portal. With auto-renewal off we issue no new renewal invoices and make no automatic charges. If you delete all your cards no charge will be made, but open invoices must be paid by another method to keep the service.
• If the renewal invoice has already been issued and you turn off auto-renewal before the charge date, your card will not be charged; that invoice remains unpaid and the service ends when the paid term ends, as described under “Non-payment”.

You can also pay any open invoice from the portal with the card you choose. A charge made after you turned off auto-renewal in time or requested cancellation is treated as a charge in error and fully refunded.

07Invoices and CFDI

Each payment can be covered by a CFDI 4.0 (Mexican electronic tax receipt) stamped through our authorized certification provider (Facturama). To receive it, register your tax details in the portal (Billing › Tax details): RFC, name or company name exactly as on your tax status certificate (Constancia de Situación Fiscal), tax regime and postal code. You may have several legal entities and choose a different one for each payment.

• Automatic invoicing: if you choose “Invoice automatically to” a legal entity, each payment is stamped to it and we email you the CFDI.
• Manual request: otherwise, you can request the CFDI for each payment from the portal until the last day of the month in which you paid (Mexico City time). We send you a reminder that day if you have uninvoiced payments.
• Global invoice: payments not invoiced within the month are included in that month’s global invoice to the general public, as tax rules require, and can no longer be invoiced in your name.

You are responsible for the accuracy of your tax details. If the SAT rejects a CFDI due to incorrect data, we will show it in the portal so you can correct it within the same month.

08Non-payment, suspension and cancellation

If an invoice becomes overdue, we apply the following schedule, notifying you by email and in the portal at each step:

• Day 1 after the due date: overdue notice with the suspension date.
• Day 5: notice that the service will be suspended in 2 days.
• Day 7: suspension. The hosting or email account is suspended (the website and email stop working) and the VPS is powered off. Paying the invoice reactivates the service automatically.
• Day 37 (30 days after suspension): the service is cancelled for non-payment. From then on we may permanently delete the hosting or email account, the VPS and all the data they contain, with no obligation to keep or recover it.

A domain not renewed before its expiry date expires: it stops resolving and, under its registry’s rules, may enter grace or redemption periods with additional recovery fees set by the registry, or become available for someone else to register. An SSL certificate that is not renewed stops being valid on its expiry date.

Reactivating a cancelled service, if still possible, requires paying the outstanding invoices and may require a new purchase.

09Acceptable use

You are responsible for the content, software and use of your services, and for your users’ actions. You may not use the services to:

• Send unsolicited email (spam), bulk email without recipients’ consent or with forged senders, or buy, sell or use mailing lists.
• Distribute malware, viruses, ransomware or unauthorized cryptocurrency miners, or run botnets or command-and-control servers.
• Carry out phishing, fraud or impersonation, or host pages imitating banks, brands or authorities.
• Host or distribute unlawful content, including child sexual abuse material, content infringing copyrights or trademarks, or content promoting violence or discrimination.
• Attack or probe other systems without authorization (port scans, brute force, denial of service) or try to breach our infrastructure or other customers’.
• Abuse shared resources in a way that affects other customers (for example, processes with sustained CPU, memory or disk usage), or use hosting as storage for backups or files unrelated to the website.
• Resell the services without a written agreement with us.

If we detect use contrary to this section, or receive a well-founded report or an order from an authority, we may limit or suspend the affected service immediately and without notice when needed to protect third parties, other customers or our infrastructure; otherwise we will notify you so you can fix it. A suspension for abuse does not entitle you to a refund. In serious or repeated cases we may cancel the service and, where appropriate, report the facts to the authorities.

10Backups

You are solely responsible for keeping up-to-date backups of your website, databases, email and servers, stored outside the service. cPanel lets you generate and download backups of your account at any time.

Any copy we keep of our servers is an internal continuity measure, with no guarantee of frequency, age or restorability, and does not replace your own backups. We do not back up VPS servers unless you purchase the automatic backups offered in the portal, which are performed by the provider’s infrastructure and do not replace your own backups either.

11Hosting and business email

Hosting and business email run on shared servers managed with cPanel/WHM. Each plan has the limits published when you purchase it (disk space, bandwidth, websites, mailboxes, databases and others), which the server enforces automatically. Once paid, you get access to cPanel from the portal.

Free SSL certificates (Let’s Encrypt, via AutoSSL) are installed and renewed automatically when the domain points to our server. The server applies email sending limits and spam filters to protect every customer’s reputation; we do not guarantee delivery of email to third parties’ inboxes.

12Domains

We register, renew and transfer domains through Openprovider (Hosting Concepts B.V.), an ICANN-accredited registrar that works with each extension’s registry (for example, NIC México for .mx). By purchasing a domain you also accept the policies of ICANN and the extension’s registry, including their dispute resolution policies (such as the UDRP and NIC México’s LDRP).

• Registrant: the domain is registered to the legal entity you choose as registrant, with its address, email and phone. You must keep that data true and current; registries may suspend or cancel domains with false data. Under the registry’s policies, some registrant data may be published in WHOIS/RDAP services.
• Availability: a domain is only registered when the registry confirms it after payment. Premium names are not sold online.
• Terms and renewal: the domain is registered for the paid term (1, 2, 3 or 5 years, depending on the extension) and renews for the same term with auto-renewal. Openprovider’s own auto-renewal is always off: HostSpace renews the domain when the invoice is paid.
• Transfers: to bring a domain you need the authorization (EPP) code from your current registrar and the domain must be unlocked; if a transfer fails because of a wrong code, you can retry without paying again. You can get the EPP code of your domains from the portal to move them to another registrar. ICANN and registry policies may prevent transfers during certain periods (for example, 60 days after a registration or a transfer).
• DNS: you can use our hosting nameservers, the portal’s managed DNS or your own nameservers.

13Paid SSL certificates

Paid SSL certificates (domain, organization or extended validation; single-name or wildcard) are issued by the corresponding certificate authority, which we request them from through our distributor Openprovider once the invoice is paid.

Issuance depends on you completing the validation the certificate authority requires: domain control (file, DNS record or approval email) and, for organization or extended validation, your organization’s existence and details. Validation times are set by the certificate authority. With HostSpace hosting we generate the private key and the signing request (CSR) in your cPanel account; without hosting, you generate the key and send us only the CSR. We never receive or store your private key.

Each renewal is a new request to the certificate authority and requires validating again.

14VPS servers

VPS servers are created on Vultr’s infrastructure in the region you choose. They are unmanaged servers: you have root access and are responsible for the operating system, its updates and security patches, firewall configuration, the software you install, its licenses and your backups.

The initial root password is shown in the portal until you confirm you saved it, and is then deleted. Reinstalling the operating system irreversibly erases the whole disk. Resources (CPU, memory, disk and monthly bandwidth) are those of the purchased plan.

For non-payment the server is powered off 7 days after the due date and, once the service is cancelled, may be permanently deleted with all its data.

15Availability, maintenance and support

We work to keep the services continuously available and monitor our infrastructure, but we do not offer a service level agreement (SLA) or guarantee an uptime percentage. Services may be interrupted by maintenance, provider failures (data centers, domain registries, certificate authorities, payment processors), attacks or force majeure.

When scheduled maintenance may affect your services, we will notify you in advance by email or in the portal. Urgent security maintenance may be carried out without notice.

Support is provided in Spanish by email and phone, during the hours published in the portal. Support covers the operation of the services you purchased; developing, programming or configuring your applications is not included.

16Promotions, account credit and referrals

• Promotions: each promotion states which services, billing cycles and customers it applies to, its validity and how many terms it discounts. They do not stack: each line gets the one that benefits you most. When the promotional terms end, the service renews at the regular price, shown when you purchase; we notify you 30 days before returning to the regular price.
• Free domain with hosting: applies only to the extensions and cycles the promotion states and while its conditions are met. If the hosting that made it eligible is cancelled within 12 months, the regular registration price of the domain is deducted from any refund, and its next renewal is charged at the regular price.
• Account credit: a bonus we grant (for referrals, compensation or campaigns); it is not a deposit or prepayment. It does not expire, cannot be exchanged for cash, cannot be transferred to another customer and is not refunded on cancellation. It is applied automatically to your invoices (you can turn this off in the portal) and appears as a discount on the CFDI.
• Referrals: if a new customer signs up with your link and pays a first purchase of at least the current minimum amount, you receive the credit set by the program. It is granted once per referred customer and does not apply if they share your RFC. We may change or end the program without affecting credit already granted.

We may void promotions, credit or rewards obtained through fraud, duplicate accounts or abuse of the conditions.

17Cancellation and refunds

You may cancel any service at any time by turning off its auto-renewal or writing to support. When a refund applies, its timing and how to request it are described in the cancellation and refund policy, which is part of these terms.

18Limitation of liability

We are liable for providing the services under these terms and applicable law. To the extent permitted by law, we are not liable for: data loss where you did not keep your own backups; indirect damages, lost profits or lost business opportunities; failures attributable to third parties beyond our control (infrastructure providers, registries, certificate authorities, banks), to acts of God or force majeure; or damages arising from content, software or configuration installed by you or your users, or from misuse of your credentials.

Except for willful misconduct or gross negligence, our total liability to you for any claim relating to a service is limited to the amount you paid for that service in the 12 months before the event giving rise to it.

Nothing in these terms limits or excludes the rights that the Federal Consumer Protection Law and other applicable laws grant consumers and that cannot be waived, or our liability where the law does not allow it to be limited.

19Intellectual property

You keep all rights to the content, data and software you host on your services. You grant us only the permission needed to store, copy and transmit them in order to provide the service.

The texts, logos, illustrations, design and code of the HostSpace website and portal belong to their owner or are used with permission. Third-party trademarks (cPanel, Let’s Encrypt, Openpay, Visa, Mastercard and others) belong to their owners and are mentioned only to describe the services.

If you believe content hosted with us infringes your rights, write to support with information that identifies it; we will review it and, where appropriate, ask the customer to remove it or suspend the affected service.

20Use of the website

You may use the hostspace.mx website to learn about our services, create your account and contact us. You must not submit false information or third-party information without authorization, attempt unauthorized access to our systems, send unsolicited advertising through our forms or scrape content in a way that affects the operation of the site. The site links to third-party sites whose content and policies we do not control.

21Personal data

We process your personal data according to our privacy notice. For third-party personal data that you store or process in your services (for example, your website’s users or your mailboxes), you are the data controller and we only host it on your behalf.

22Termination

You may end the relationship by cancelling your services and asking support to close your account. We may terminate a service for non-payment, for a serious breach of these terms or, without cause, by giving you at least 30 calendar days’ notice and refunding the unused part of the paid term.

When a service ends we recommend downloading your data before the cancellation date; afterwards we may delete it. Outstanding payment obligations and the sections that by their nature should survive (liability, intellectual property, governing law) remain in force.

23Changes to these terms

We may update these terms to reflect changes in the services, our processes or the law. The version in force is the one published on this page with its last-updated date. If a change materially affects your rights or obligations, we will notify you by email or in the portal at least 15 calendar days in advance; if you disagree, you may cancel your services before it takes effect. Changes do not alter the price of a term already paid.

24Governing law, jurisdiction and Profeco

These terms are governed by the federal laws of the United Mexican States. For the interpretation and performance of these terms, the parties submit to the competent courts of Mérida, Yucatán, waiving any other jurisdiction that may apply by reason of their present or future domicile.

If you are a consumer, you may file complaints with Mexico’s Federal Consumer Protection Agency (Profeco) at profeco.gob.mx or by calling 55 5568 8722 (800 468 8722). This does not affect your right to go to the courts that have jurisdiction under the law.

25Contact

For questions, clarifications or complaints about these terms or your services, write or call us. Our address for notices is Calle 31 No. 194, Col. San Rafael, C.P. 97680, Tekit, Yucatán, México.

Email: ••••••••••••••

Phone: +52 81 2858 2129