TERMS AND CONDITIONS

Terms Of Service

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to your use of our website and all services, features and/or content provided by cloudspeed24x7 (“cloudspeed24x7,” “us,”, “our” . By purchasing one or more Services from cloudspeed24x7, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the cloudspeed24x7 website. It is essential that you read this TOS prior to purchasing any Service(s) from cloudspeed24x7.

Customer Agreement

The TOS apply to all Services provided by Cloudspeed24x7 to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on Cloudspeed24x7. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. Cloudspeed24x7 reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when Cloudspeed24x7 decides that the account has been inappropriately used or otherwise.

1. Content

• Cloudspeed24x7 reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for legal purposes only.

• Following types of sites are prohibited such as ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events.

• Adult materials – Includes all pornography, erotic images, is strictly prohibited . If we found such site hosted on our severs then the respective account will be suspended without any notice and no refund is applicable on such sites or accounts .
• Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading is not allowed on our hosting service.
• Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material.
• Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
• IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice.

Cloudspeed24x7 reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.

In compliance with DMCA act, Cloudspeed24x7 has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to support@cloudspeed24x7.com

2. Abuse Of Resources

• Any attempts to compromise or actual compromise of a network device belonging to Cloudspeed24x7 or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Denial of Service (DOS) attacks directed at Cloudspeed24x7, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited.
• Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited.
• The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
• Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.
• Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
• If any client is in any way disrespectful towards any member of the Cloudspeed24x7 staff we have full right to remove them from our services without any refund.

3. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

• Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
• If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account.
• We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
• We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
• We do not guarantee Inbox email delivery with any of our hosting plans.

4. Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

5. Backup Policy

• Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. Cloudspeed24x7 does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
• You as a Cloudspeed24x7 User agree that in no case, Cloudspeed24x7 can be held responsible for the loss of data in any circumstances.
• Clients who have subscribed for paid backup service with shared hosting plans. For such clients, we take daily or weekly backup of database with retention period of 7 days. Website backup will be taken daily or weekly with retention period of 1 day. Any backup copy maintained by Cloudspeed24x7 will not have any emails or media file included in it.
• Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Saturday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

6. Domain Payments

• Domain Registrations:No refund is applicable once the domain is registered.

• Domain infringement:You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services.  Example: Amazondeals.com, Facebookmarketing.in

• Domain Renewal:We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.

7. Unlimited Hosting

• What “Unlimited” meansUnlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement.

• What “Unlimited” DOES NOT meanCloudspeed24x7 employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. Cloudspeed24x7’s “Unlimited” hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. Cloudspeed24x7’s service is offering shared hosting service, which means that multiple hosting Subscriber’s websites are hosted from the same server and share server resources. Cloudspeed24x7’s service is designed to meet the typical needs of small and medium sized businesses across globe. However, in order to ensure a consistent and quality experience for all Subscribers, Cloudspeed24x7 does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until Cloudspeed24x7 can evaluate said sites resource needs.

• Unlimited Hosting Space; excessive SQL DatabaseCloudspeed24x7 does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does Cloudspeed24x7 charge additional fees based on an increased amount of storage used, provided the hosting subscriber’s use of storage complies with these Terms. Please note, however, that the Cloudspeed24x7 service is designed to host websites. Cloudspeed24x7 does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber’s account, with or without notice. Hosting subscriber’s can create multiple databases however size of each database should not be more than 1 GB.

• Unacceptable Resource Usage
  1. Run cron entries with intervals of less than fifteen (15) minutes.
  2. Run any MySQL queries longer than thirty (30) seconds.
  3. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  4. The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB.
  5. The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for all shared hosting plans.

8. Permitted CPU and Disk Usage

• The space on the Shared hosting server can only be utilized for web files, and hosting a user’s website. This space should not be used for media storage or for storing other data such as storing electronic files, saving website backup, FTP host or for demo purposes. We hold the right to inspect every shared hosting account for extra utilization of disk space, CPU and other resources that may be violated of this Agreement or the AUP.
• We may terminate access to the Services at our sole discretion, or takedown or erase User Content for those accounts considered to be in violation of these Terms and Conditions and other policies.

9. Uptime Guarantee

• Any service interruptions or downtime due to scheduled maintenance by Cloudspeed24x7 or our network providers will not count towards the uptime guarantee.
• Cloudspeed24x7 is not liable in any way for failure of third party services.
• Cloudspeed24x7 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.

10. Account Security and Company Systems

  You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

• Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
• Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
• You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
• It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method.
• Any account found connecting to a third party network or system without authorization from the third party is subject to suspension.
• Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
• We reserve 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.

11. Billing Policy

• If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.
• The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
• Refund is not applicable on Domain registration/transfer/renewal, cPanel, LiteSpeed, Softaculous or any other paid licenses.
• The modifications done in pricing pattern or policy by the software license company will take effect immediately on Cloudspeed24x7 clients.
• No refund will be made if your Service(s) are suspended or terminated for cause.
• The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources.
• Shared Hosting:

Business Pro Plan offers Free Domain name, it will be free for the first year and       renewal charges will be applicable from the second year.

• You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.
• If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Cloudspeed24x7 if you fail to pay the difference amount.
• Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
• The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
• The refund request placed after 15 days will not be processed and you will not be eligible for any refund.
• The cancellation request should be sent through client area.
• After sending the cancellation request, it would take 14 days to complete the refund process.

12. Cancellation Process

• At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
• You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
• It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.

13. Taxes

The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable.

14. Late Payment or Non-Payment

• Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
• If your account gets terminated, the data residing on it won’t be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
• We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

15. Account Termination

Your hosting account at Cloudspeed24x7 can get terminated due to following reasons:

• You decide to discontinue
  At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.
• Cancellation upon expiration
  If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours .
• You did not renew
  In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 48 hours.
• You violate our Terms of service
  If you violate our terms of service during your subscription period at Cloudspeed24x7 it will result in immediate account suspension and termination.
• Potential fraud
  We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.

Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Cloudspeed24x7 shall not be liable for the same.

16. Limitation of Liability

• To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Cloudspeed24x7, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the
• Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Cloudspeed24x7’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
• You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

17. Dispute Resolution. Jurisdiction

• In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and Cloudspeed24x7 shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
• You agree that the Courts of Osmanabad, Maharashtra (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of India.

18 . Price Change

The prices of our services may be changed from time to time depending on our vendor’s pricing. We are authorized partners of multiple license providers and domain registrars. If there’s any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprise pricing.

19 . Change of TOS

Cloudspeed24x7 may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.