Hicloudy | ToS

Hicloudy Webhosting Solution provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. Hicloudy Webhosting Solution Provides Shared Hosting Plans with All clients of Hicloudy Webhosting Solution are subject to the following terms of service & FUP Policy

Acceptable Usage Policy
Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Livechat/Chat Scripts, Download sites(Pirated Softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, RPG’s, hate sites, Facebook Bots, Instagram bots (Social Networking Related Bots), hacker focused sites/archives/programs, testing environments (Storing your Website Projects), sites promoting illegal activities, Flash Games or Online Gaming Sites, Movie’s, File storage sites. No refunds will be given.

We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 12 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given.

You shall agree to use only licensed and legal third party software in connection with your use of our services. Hicloudy Webhosting Solution reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when Hicloudy Webhosting Solution decides that the account has been inappropriately used or otherwise.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.

Every cPanel will be allocated with 100% CPU,RAM : Upto 1GB,IO & IOPS : Upto 2 GB.In a Shared environment, the sites should maintain the resource under the limit and MySQL query timing should not take long to process. If any accounts using more than the fair usage policy will be suspended and we can give single IP Address access for optimization and no Refund will be given

Uptime
The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. Hicloudy Webhosting Solution cannot 100% guarantee the uptime status of any server for many factors which may include but not limited to updates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (Hicloudy Webhosting Solution and/or the vendors that provide equipment or services to us) control that interrupts services at a facility.

Websites/Servers Down Due to Firewall IP Block Caused by Failed Login Attempts/Excess number of connections from Particular IP are not covered under the Uptime guarantee.

Websites/Servers Down Due to Firewall IP Block Caused by Failed Login Attempts/Excess number of connections from Particular IP are not covered under the Uptime guarantee.

Any service interruptions or downtime due to scheduled maintenance by Hicloudy Webhosting Solution or our network providers will not count towards the uptime guarantee. Hicloudy Webhosting Solution is not liable in any way for failure of third party services.

Hicloudy Webhosting Solution will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Mailing Policy and Limits
Sending Bulk mails are not allowed on our shared hosting servers, Per cPanel account can send 300 Mails Per Hour. If any accounts seem to be spamming it will be suspended or disable mailing with or without any notice. Doing Bulk Mails needs VPS/Dedicated Servers for your Purpose. There will be no refund offered to incase of any spamming issue caused due to your services

Shared Environment Policies
Shared Hosting Customers should run their/their clients Websites As per the Policies Defined. All your sites will be hosted in Shared Environment so every cPanel you are hosted will have only limited Resource Allocated. We have rights to suspend/terminate the cPanel/Account in question with/without Notice which is involved in Resource Abuses like CPU, RAM, MYSQL, IO, IOPS, EP

As its a Shared Environment Other Websites will also be hosted on the server so if any domains/account Violating the FUP / TOS / CPU Resources We will Suspend/Block the HTTP Access of the site in question with/without notice to stabilize the Server

Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Hicloudy Webhosting Solution reserves the right to require changes or disable as necessary any web site, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion.

Fair Usage Policy
User may not: a) Use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) 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. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes. i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”) j) Any accounts that are created without updating the nameserver or without a DNS record Pointing to our servers will be removed with or without notice.

Unlimited disk space and bandwidth means there are no set limits on our packages. Hicloudy Webhosting Solution wants you to have the resources you need to build your site without any limits. But, however, we do need to make sure we continue to provide a full active service to all our customers. As such we do require all customers to be fully compliant with our Fair Usage Policy and Terms and Conditions. Customers on unlimited hosting packages this includes but not limited to shared hosting packages. As a customer of Hicloudy Webhosting Solution, you agree to be subject to the following fair usage policy: The account will be primarily used for the purposes of web hosting. Unacceptable use includes, but are not limited to, large file storage and making downloads of large files such as but not limited to media files, zipped folders and programme files. File downloads are permitted, but only in the context of a functioning website. The hosting account may not cause problems with the performance of other hosting accounts hosted on the same server by making excessive demands on the resources of the server. This includes, but is not limited to, the CPU usage required to perform data processing on the account for the purposes of taking backups and other administrative tasks as well as the CPU usage required to actually serve the site on the hosting account. As a customer, you agree that Hicloudy Webhosting Solution will be determining whether an infringement of this ‘fair use’ policy has occurred. Wherever possible, Hicloudy Webhosting Solution will propose alternative hosting arrangements should an infringement of this policy occur. These may include but are not limited to, moving to a hosting plan with quoted disk space and bandwidth limits. If we identify an account that is not in compliance with our Fair Usage Policy or that has the potential to negatively impact the performance of our server, we will be required to temporary suspend the account. If this happens we will work with the customer in order to resolve the issue as quickly as possible. Hicloudy Webhosting Solution reserves the right to revise its policies at any time without notice. Before placing an order please read our terms/privacy policy/refund policy. k) We don’t offer SSH/Shell access to any user’s in Shared Environment on Any case. If you are looking for SSH Access you can consider taking VPS/Dedicated

Backups and Data Loss
Hicloudy generates full backups of accounts every day which are not bigger than 5GB. If the account is bigger than 5GB, Hicloudy reserves the right not to generate the backup automatically, however, the client may generate backups from his cPanel at any time regardless of the account size. Hicloudy stores a single automatically generated backup of each account which is up to 7 days old and up to 5GB in size, older automatically generated backups of accounts are not stored. Hicloudy is not liable for any loss of content if the backup has not been generated, it is the client’s sole responsibility to protect the account data.

Cancellation & Refunds
Hicloudy Webhosting Solution reserves the right to cancel, suspend, terminate or otherwise restrict access to the account at any time with or without notice in case of any FUP/TOS Violations. No Refund will be Offered. Customer need to Pay Penalty to get their Data’s Backup if needed

Refund Policy strictly states that customers who are not satisfied with products and services offered by Hicloudy may seek a refund from Hicloudy within 7 days of the first signup. Refund Policy is not available for setup fees, IP addresses, administrative fees, Dedicated or VPS servers (Due to the nature of our industry and the costs involved with provisioning and maintaining your service) and installs fees and Domain Registrations. After 7 days, refunds are not entertained.

Disclaimer
Hicloudy Webhosting Solution shall not be responsible for any damages your business may suffer. Hicloudy Webhosting Solution makes no warranties of any kind, expressed or implied for services we provide. Hicloudy Webhosting Solution disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Hicloudy Webhosting Solution and its employees. Hicloudy Webhosting Solution has the rights to change the Terms of Service/Refund Policy/Pricing of Plans anytime with or without notice. All customers would be bound by the newest terms published on the website.