CLOUDNEP Terms of Service
This policy represents the CloudNEP Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all CloudNEP customers agree to when they sign-up for any of the CloudNEP website hosting services. CloudNEP reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by CloudNEP agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with CloudNEP. CloudNEP retains the sole discretion to make judgment regarding any violation by any CloudNEP customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
A. By registering for or using the Services, you represent and warrant that:
- You are sixteen (16) years of age or older. The Services are intended solely for Users who are sixteen (16) years of age or older. Any registration, use of or access to the Services, by anyone under sixteen (16) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
B. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. CloudNEP is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the CloudNEP Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
D. The Service and any data you provide to CloudNEP is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
A. Customer agrees to be billed annually for Shared Hosting, Cloud Hosting, and monthly for VPS, Dedicated Server in advance, beginning upon CloudNEP’s receipt by email or mail. Contract takes effect on the date of receipt of payment.
B. This agreement will automatically renew each month or annual (depending on the hosting plan selected) unless cancelled in writing by the Customer prior to the renewal date. Cancellations must be submitted in writing by email, fax, or mail.
C. In the event that Customer fails to pay in advance for the services provided or Customer’s account becomes delinquent, CloudNEP reserves the right to suspend Customer’s account and services immediately without notice and without liability for actual compensatory or consequential damages to the Customer for the interruption in service. Failure to pay includes expired, declined, and inactive credit cards, as well as invalid checks.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify CloudNEP of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to CloudNEP invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, CloudNEP may suspend or terminate your account and pursue the collection costs incurred by CloudNEP, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. CloudNEP will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. In no event shall CloudNEP be held liable for any lost or missing data or files resulting from a transfer to or from CloudNEP. You are solely responsible for backing up your data in all circumstances.
- All services provided by WebHostNepal may only be used for lawful purposes. The laws of EU & the United States of America apply.
- The customer agrees to indemnify and hold harmless WebHostNepal from any claims resulting from the use of our services.
- Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
- Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel or Plesk backup of the same account. Please do not take backups of your backups.
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to CloudNEP that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
- Solely for purposes of providing the Services, you hereby grant to CloudNEP a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, CloudNEP does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- CloudNEP exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through CloudNEP’s computers, network hubs and points of presence or the Internet. CloudNEP does not monitor User Content. However, you acknowledge and agree that CloudNEP may, but is not obligated to, immediately take any corrective action in CloudNEP’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that CloudNEP shall have no liability due to any corrective action that CloudNEP may take.
IRC (Internet Relay Chat) Scripts/Bots
IRCD (irc servers)
Bitcoin Miners or any Crypto Currency Miners
Anonymous or Bulk SMS Gateways
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Broadcast, Streaming or archiving huge content like movies, songs or other media in shared hosting
Tell A Friend Scripts
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with intervals of less than 1 Hour.
Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
Force html to handle server-side code (like php and shtml) to help reduce usage.
Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
- It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. CloudNEP may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. CloudNEP may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by CloudNEP of an issue, we reserve the right to leave access to services disabled.
- CloudNEP reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
- CloudNEP offers a thirty (30) day money- back guarantee for CloudNEP’s shared, Cloud, hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
- We do not offer 30 Days money back guarantee as on VPS and Dedicated Server plans.
- Your use of the Services is at your sole risk. CloudNEP’s backup service runs once a week. Only two week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at CloudNEP’s sole discretion. In the event of data loss due to any fault of the Customer, and a restore is necessary using CloudNEP’s backups, Customer agrees to pay CloudNEP a technical support fee to recover Customer’s lost data.
- As we are using NVMe SSD Drives for both Hosting Server and Backups, CloudNEP will not attempt to back up cPanel accounts that exceed 32 GigaBytes of Disk space for any reason.
CloudNEP maintains control of any and all IP addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP addresses at its sole discretion.
A. The Internet and Website Hosting relies on a complex network of Hardware, Software, Network services and Providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
B. CloudNEP however, offers a 99.9% uptime guarantee. This is valid for only the CloudNEP servers and our primary co-location internet connection. CloudNEP shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, CloudNEP is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of CloudNEP capability to directly correct. CloudNEP clients are diverse and their websites and the function of those websites are diverse and CloudNEP cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
C. CloudNEP MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither CloudNEP nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of CloudNEP, even if CloudNEP has been advised to the possibility of such damages.