in the list building section it says you can have one unique unit per 100 points in your army.

if you take a hero as an upgrade in a non-unique unit, does this count towards that limit?
you technically still have a non-unique unit with a unique upgrade in it.

I would say that it does.

EDIT

And I'm wrong, maybe.

I found the answer, I was looking under list building and upgrades - but the answer is under unique names.

they do not count against your limit when used as an upgrade - only when used as a unit.