Terms and Conditions

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Rules & Regulations

Overview

Please be aware that this contract is subject to change, and it is the customer’s duty to periodically check for updates. The new version will go into effect thirty (30) days following the Posted/Revised date indicated above if the Customer signed up for the Service prior to that date. Acceptance of the updated version of this agreement is implied by continued use of the Service.

Any person may be denied service by DefaultCloud at any time and for any cause, including but not limited to violating the company’s Acceptable Use Policy. DefaultCloud will give the customer a refund for the remaining paid period of service if it decides to cancel the customer’s service for a cause other than a violation of the Acceptable Use Policy. Any damages incurred as a result of service termination are not, under any circumstances, the responsibility of DefaultCloud. At its sole discretion, DefaultCloud reserves the right to deny service to specific people or organisations, with or without justification.

Due to inadequate information and/or documents being provided, DefaultCloud reserves the right to cancel orders for products and services without issuing a refund. Within 90 days of the purchase date, all data and document(s) must be submitted to DefaultCloud; else, the service or product will be cancelled.

1. Moving or migrating a website

Our web migration team will use all reasonable efforts to assist Customer in moving their website to us. Please be aware, nevertheless, that DefaultCloud cannot be held liable should there be any migration failure for a variety of reasons as this service is offered as a courtesy and is handled with best efforts. DefaultCloud cannot promise that all data transferred will be accurate, nor can it predict how long it will take to transfer a certain amount of data. Some hosting providers store data in their own proprietary formats, which might make transfer challenging or even impossible. Although we will undoubtedly do our best, there may be times when we are unable to help. This free transfer service is provided for accounts with no more than 1000MB (1GB) of space for 30 days from the date of registration. Websites that exceed 1000MB (1GB) or transfer requests that are made after the 30-day free trial period will be charged a one-time fee of USD40.00 for professional assistance. For a cost estimate, please get in touch with our sales department.

2. Programing and Scripting

It is the customer’s duty to make sure that any scripts or applications installed under their account are safe, and that folders’ permissions are correctly set. Most directories need to have their permissions set as tightly as possible, as at 755, to prevent hacking or security breaches. All actions performed using the customer’s account are ultimately the customer’s responsibility. This includes the theft of login information, like a user name and password. Customer must use a strong password that is secure. If the password is weak, the customer’s account can be suspended until a strong and secure password is chosen in its place.

3. Use of Resources

For no more than 90 seconds, a customer may not use 25% or more of the system’s resources. Until the customer responds with a next action plan, the account will be suspended. If the account overloads once more, DefaultCloud reserves the right to permanently close the account or charge the user an overload penalty fee. DefaultCloud encourages clients not to use our shared hosting accounts for the following usage, since they typically overload, in order to avoid this suspension or penalty fees. Unattended server-side operations, torrent software, trackers, file-sharing, peer-to-peer activities, IRC chat modules, video streaming, gaming software, web spiders or indexers, daemons, and complex cron jobs are examples of these activities.

4. Limitation of CPU and Memory

To guarantee that Linux Shared Hosting accounts get a fair allocation of resources, DefaultCloud uses Cloudlinux (LVE). The CloudLinux team created LVE, a technology that operates at the kernel level. The most recent iteration of the technology, which shares roots with container-based virtualization, makes use of cgroups. It is translucent and lightweight. Making sure that no single website can bring down your web server is the aim of LVE. Nowadays, a single site can use up all of the server’s CPU, IO, memory, or apache processes. LVE stops that. It is accomplished by cooperation between the kernel, PAM, and Apache modules.

The following resource usage is permitted:

CPU cap

25% of the server’s total CPU is made available to LVE for each account. Your website will sluggish down if your account reaches this cap.

Memory cap

Up to 2GB of virtual memory and 1GB of physical memory can be used by each account. Your website will display a 500 error message if your account reaches this limit.

5. Entry Methods

We offer up to 25 connections running simultaneously. In most cases, you won’t reach this limit unless you have scripts with bad coding that don’t work well. If this limit is exceeded, a 508 error will appear on your website. Please contact support to discuss your options if you discover that your account is frequently exceeding the CloudLinux restrictions and it is impairing the operation of your website. We may help you upgrade to a dedicated environment or help you diagnose any troublesome scripts to help reduce use.

6. Hosting Area

The purpose of a shared hosting account is to host the customer’s website content. The use of hosting space as a backup or storage device is absolutely forbidden.

The majority of our shared hosting plans permit the creation of an unlimited number of email addresses, but all shared hosting plans are only permitted to use up to 10GB of storage for emails in the sake of server stability. Any accounts that use more email storage than allowed risk suspension. To download and manage all emails locally on a computer, we advise using an email client like Thunderbird or Outlook (both of which are free to download).

7. No limit

A single Customer’s ability to consume a certain quantity of resources is neither constrained or capped by DefaultCloud. DefaultCloud makes every commercially reasonable effort to give its Customers all the resources necessary to successfully power their web sites, according to these Terms, and in good faith. The “unlimited” services that DefaultCloud offers are not meant to let the behaviour of one or a small number of Customers unjustly or negatively affect the experiences of other Customers.

Multiple Customer web sites are hosted from the same server on a shared hosting server, which shares server resources. The DefaultCloud service is made to accommodate the common requirements of home-based businesses and small businesses. It is NOT meant to accommodate the ongoing needs of major firms, those with an international presence, or unusual applications that are better suited for a dedicated server.

In accordance with these Terms, DefaultCloud will use all commercially reasonable efforts to make available more resources to Customers using their website(s), including, if necessary, transferring Customers to newer and larger shared servers. However, DefaultCloud does provide automated controls to prevent any one site from expanding excessively and negatively affecting the system until DefaultCloud can assess the site’s resource requirements. This is done to guarantee a consistent and high-quality experience for all Customers.

A huge amount of files in an account (more than 200,000 inodes) might negatively impact server performance. Similar to this, accounts with excessive MySQL/PostgreSQL table usage (more than 1000 database tables) or database size (more than 3GB of MySQL/PostgreSQL usage per account or 2GB of MySQL/PostgreSQL usage per database) have a severe impact on the server’s performance. To guarantee proper performance, DefaultCloud may ask that the number of files/inodes, database tables, or overall database usage be reduced, or it may terminate the Subscriber’s account with or without prior warning. In addition, 200 emails maximum can be sent in a single hour per shared hosting plan, with no exceptions.This regulation is crucial to preventing spamming actions, whether they are intentional or involve hacking into insecure machines to send spam emails.

Hosting for unlimited domains. The number of domain names a Customer may link to the Customer’s web hosting account is not arbitrarily limited by DefaultCloud . To avoid having a negative impact on other customers, DefaultCloud maintains the right to restrict CPU time, bandwidth, processes, or memory.

8.Inodes

To prevent overuse, accounts discovered to be beyond the 50,000 inode limit will immediately receive a reminder and be deleted from our backup system. To prevent overuse, accounts that are discovered to be beyond the 200,000 inode limit will immediately receive a reminder and be deleted from our backup system. On any shared hosting account, an automatic suspension will be implemented and the account will be deleted from our backup system once it reaches 250,000 inodes.

9. Data Loss and Backup Limit

With the exception of databases, any shared hosting account utilising more than 10 gigabytes of disc space will be taken out of our weekly backup. All data will still be mirrored to a backup drive, though. Please note that DefaultCloud is not responsible for any data loss ap services as a courtesy. The usage of this service by customers is at their own risk.

Data stored on the Customer’s account is not the responsibility of DefaultCloud . The customer is encouraged to keep their own backup copy of their data. DefaultCloud will offer the courtesy service of restoring the data into the account in the event of data loss. Please note that DefaultCloud can only restore data from the most recent backup copy, whether it be a daily or weekly backup, thus data restored may not be up to date. For VPS, Semi-Dedicated, Dedicated, and other services, there is no backup. Customers that want data backup must sign up for our backup services.nd only offers backup.

10. Use of Bandwidth

A monthly bandwidth allocation is given to the customer, and it varies depending on the subscription chosen. The customer’s account will be automatically suspended if it exceeds the allotted amount. When the subsequent allocation period begins, the customer upgrades to a more expensive package, or additional fees are paid for the overages, the account will become unsuspended. It is not possible to carry over unused bandwidth from one month to the next.

11. Material

DefaultCloud only permits usage of its services for authorized purposes. The client consents to defend and hold DefaultCloud blameless from any lawsuits brought against it as a result of using our services.

12. Protection from Price

The cost of hosting for customers won’t ever go up after the purchase date unless specific conditions, such a first-year incentive, are present. The resources allocated to the packages are subject to change at any time, and DefaultCloud reserves the right to modify any packages or prices published on our website. There will be an upgrade cost payable if the customer requests to upgrade the features of the subscribed plan.

13. Price Agreement

There will be a 1-year price contract for all hosting services. This means that regardless of whether the consumer pays monthly, quarterly, or half-yearly, the pricing will be set for a year. If the consumer asks for a price adjustment, a USD30.00 contract-breaking fee will be charged.

14. Shipping

Delivery times are estimates only. Even if the delivery date has passed, the customer will not be entitled to compensation or cancellation of the order. DefaultCloud reserves the right to cancel or refuse an order in whole or in part if the delay is due to DefaultCloud’s own reasons, for example, if DefaultCloud is temporarily or permanently unable to fulfill the order in whole or in part. increase. DefaultCloud also reserves the right to deliver the order to similar or better specifications. DefaultCloud will notify you of any such decision. It is the customer’s responsibility to review and report any discrepancies or related issues within seven (7) days of service being provided. DefaultCloud will attempt to resolve the issue, including reinstalling or replacing the entire server free of charge. However, if the report is made seven days after him, the services provided will be charged.

15. Paying and Suspension

Payments are often due on the first of the month or according to the invoice’s due date, and DefaultCloud emails invoices to customers before they expire. Emails are sent as a courtesy, and the customer is responsible for staying informed about the amount of consumption, the fees they owe DefaultCloud, and the payment deadline. DefaultCloud will not accept an excuse for late payment or non-payment resulting from an unreceived email. Customer’s account will be stopped if payment is not received within ten (10) calendar days of the due date, and DefaultCloud may charge a USD30.00 reconnection fee.There may be a USD80.00 setup cost if the account is suspended for more than ten (10) calendar days since DefaultCloud will have to restart the complete server for the customer. If an account has been suspended for ten (10) or more calendar days, it may be removed. Interest at the rate of 3% per month may be charged on past-due accounts. Within 30 days of the payment being completed, DefaultCloud must be notified of any error or dispute in the invoice or payment. Any payment dispute lodged after 30 days will not be accepted by DefaultCloud.

16. Client Data

Except as required by law or with the customer’s express consent, DefaultCloud will never sell or otherwise reveal the contact information, data, or customer lists of any customer to a third party.

17. Consumer assistance

DefaultCloud is dedicated to giving all customers the finest support possible and offers customer service that is available around-the-clock. DefaultCloud maintains the right to charge USD30/hr for any service request that the customer has not subscribed to for any website/server troubleshooting needs. DefaultCloud maintains the right, in its sole discretion, to refuse to provide the services requested by the Customer, with or without justification. For any rendered services, whether or not they are paid for, DefaultCloud offers services with the utmost diligence. DefaultCloud will not be held accountable for any other problems that were caused, either directly or indirectly, by the assistance provided. Should there be an instance where DefaultCloud offers the customer FREE support, this is merely a courtesy service and cannot be viewed as proof that DefaultCloud must agree to offer the customer FREE support. In this situation, DefaultCloud maintains the right to stop offering the Customer courtesy service at any time.

18. Money-Back Guarantee and Cancellation Policy for 7 Days

DefaultCloud offers a 7-day money-back guarantee starting on the beginning date in order to assure complete customer satisfaction.

19. Domain Name

Customer acknowledges and agrees that DefaultCloud’s entire liability to Customer and only recourse for any violation of DefaultCloud’s obligations to Customer in connection with any service supplied by DefaultCloud to Customer shall be limited to the fees Customer paid to DefaultCloud for the specific service in question. The use of or inability to use any of DefaultCloud’s services may result in direct, indirect, incidental, special, or consequential damages. DefaultCloud and its agents and contractors are therefore not responsible for the price of acquiring substitute services. DefaultCloud’s liability shall be restricted to the least amount authorised by law because some states do not allow the limiting or elimination of liability for specific types of damage. DefaultCloud denies any loss or responsibility due to:

Delays or halts in our website's access or our domain name registration system
Miscommunication or non-delivery of data between the customer and DefaultCloud
Events beyond our control (i.e. acts of God)
The failure to complete the registration, processing, or use of a domain name
Failure to renew a domain name registration for whatever reason
The misuse of the customer's DefaultCloud account or any of the services offered to
Client by DefaultCloud
Mistakes, omissions, or falsehoods
Deleting, failing to save, processing, or acting upon email messages
updating the customer's registration record with new information
Web site growth or disruption for the customer
Problems occurring in the handling of the customer application
Putting DefaultCloud's Dispute Resolution Policy into practise; and
Whatever action or inaction that the customer or their representative takes (whether authorised by Customer or not)

20. IP Blacklist for Hosting

In order to prevent further harm from being done to the reputation of the IP block, all email services from servers that have IP addresses that are blacklisted by spam organisations like SpamHaus or SpamCop will be temporarily suspended. The upstream service provider charges a de-listing cost of USD 99 for case management and resolution for each IP blacklist event. As a final resort to restore full email services, a new IP may be allocated to the afflicted server depending on the type and frequency of the spamming activity. Only once all spamming actions have stopped permanently and the de-listing fee has been paid can corrective action be done.

Shared hosting: Any hosting accounts that have been linked (directly or indirectly) to frequent and significant spamming activities will be suspended or cancelled.

Service for VIP-Managed VPS, Dedicated, and Co-Location Hosting:

Server owner should contact technical support to report the problem so they can determine the root source of the spam and engage our upstream provider to help with the IP de-listing.
The upstream provider will levy a de-listing cost of USD 99 for excessive spamming or duplicates, and if necessary, a new IP will be assigned.
Only primary and secondary IP addresses are permitted for SMTP port services when hosting dedicated servers and colocation servers. All extra IP addresses are prohibited from using SMTP port services.

Dedicated/col-location/non-managed VPS hosting service:

The server owner will be informed of the IP blacklist report and provided instructions on how to locate the source of the spam and fix the problem.
The upstream provider will levy a de-listing cost of USD 99 for excessive spamming or duplicates, and if necessary, a new IP will be assigned.
Only primary and secondary IP addresses are permitted for SMTP port services when hosting dedicated servers and colocation servers. All extra IP addresses are prohibited from using SMTP port services.

21. Email hosting, cloud hosting, and shared hosting

The guarantee only applies to initial buyers.
When hosting login information is received, the 0 Day period starts.
Refunds will only be given to customers who encounter technical issues that are directly related to or caused by DefaultCloud-controlled merchandise.
Refunds are given at the exclusive discretion of DefaultCloud.
DefaultCloud's decision on a refund is final.

22. Microsoft Exchange Hosting, Microsoft Sharepoint Hosting, and Virtual Private Server (VPS) only applies to first-time buyers.

When the customer obtains server login information, the 30-day period starts.
Refunds will only be given to customers who encounter technical issues that are directly related to or caused by DefaultCloud-controlled merchandise.
Any setup or software or operating system installation costs are not included in the refund.
For any account without setup fees, the refund will be reduced by USD 15.00 in restocking fees.
Accounts that have been suspended due to nonpayment for longer than seven days will incur reconnection fees of USD $15.00.
Only Primary and Secondary IP addresses are permitted for hosting SMTP ports on Virtual Private Servers (VPS). The SMTP port services will be prohibited for any additional IPs.
Refunds are given at the exclusive discretion of DefaultCloud.
DefaultCloud's decision on a refund is final.

23. Hosting and Colocation Services for Dedicated Servers

The guarantee only applies to initial buyers.
When the customer obtains server login information, the 30-day period starts.
Refunds will only be given to customers who encounter technical issues that are directly related to or caused by DefaultCloud-controlled merchandise.
Any setup or software or operating system installation costs are not included in the refund.
For any account without setup fees, the refund will be reduced by USD 80.00 in restocking fees.
When a dedicated server account is reactivated due to an invoice that has gone unpaid for longer than 7 days, reconnection fees of USD 35.00 will be charged.
Only primary and secondary IP addresses are permitted for SMTP port services when hosting dedicated servers and colocation servers. The SMTP port services will be prohibited for any additional IPs.
Refunds are given at the exclusive discretion of DefaultCloud.
DefaultCloud's decision on a refund is final.

24. Terms & Conditions for Premium Network Upgrade

The Budget Range Package does not qualify for an upgrade.

The Budget Range Package does not qualify for an upgrade.
One business website and one domain alone may be hosted on the server.
Only after 30 days of hosting is it possible to upgrade.
The DefaultCloud decides whether to authorise an upgrade at its sole discretion.
Any account in the premium network may be cancelled or terminated at DefaultCloud's sole discretion.

25. Policy for Cancellations

A 30-day notice is required for any cancellation.

If cancellation is submitted before the expiration date, the monthly fees will be charged.
The total charges will be determined by multiplying the monthly prices by the number of months the service was used, plus 30 days' notice.
For any account without setup fees, the refund will be reduced by USD 80.00 in restocking fees.
All brand-new Shared Hosting plans are only eligible for a 30-day money-back guarantee; after that point, there will be no refunds for early cancellations.
For renewed shared hosting accounts, there is no reimbursement.

Renewing a shared hosting account does not qualify for a refund.
In the event of a refund or cancellation, DefaultCloud is entirely responsible for deducting the domain name’s charge (if any) associated with hosting or server. The remainder of the products, including Domain Name, SSL, Server Co-location, Private Email, and so forth, are not covered by our 30-day money-back guarantee policy because we resell these items. DefaultCloud reserves the right to levy a USD 30.00 processing fee (per SSL) for any cancellation of SSL purchases made within 14 days of the order’s delivery date. The remaining amount will be refunded to the customer. A minimum of 30 days before the expiration date indicated on the current renewal invoice must be given in advance for any cancellation of products or services by the customer. Concerning cancellation of annual contracts, According to the terms and conditions of the monthly package, which may include additional monthly fees, setup fees, and other supplemental costs, DefaultCloud will bill the customer. If the yearly contract is cancelled, any discounts given during the yearly contract are worthless. The refund will be calculated via having the total yearly paid minus the total charged as per monthly package terms & conditions.

If a customer is entitled to a refund because a server or network went down, they must contact the billing office within seven days of the incident if one is required. For credit to be granted, the customer must provide all necessary information, including ticket numbers. All refund requests and cancellations must be sent in writing, by fax, or through a support ticket, along with the customer’s root server username and password.

For future reference, the customer will keep a copy of the terms and conditions of their package. The initial contract between the customer and DefaultCloud will not be impacted by modifications made by DefaultCloud to Package rates, features, or limits. The terms of this Agreement shall control in the case of any inconsistency between the terms of any Package and the terms of this Agreement. The terms of this Agreement shall control in the case of any inconsistency between the terms of any Package and the terms of this Agreement.

If it is found that the customer is operating a “short-lived” website for their personal benefit, DefaultCloud will not issue a refund in order to avoid misuse of our services and our 30-day money-back guarantee policy. These websites—which may include but are not limited to those about political campaigns, lawsuits, investments, etc.—are classified as “short-lived” at the sole discretion of DefaultCloud .

26. Continuity of Use Policy

Customer claims to have read both DefaultCloud’s Privacy Policy and Acceptable Use Policy (“AUP”). The customer will abide by the AUP and Privacy Policies and will not permit the use of the Services or DefaultCloud equipment for any prohibited actions. Customer is responsible for being aware of any amendments to the AUP that DefaultCloud may make from time to time by posting a new copy on the DefaultCloud Website. This Agreement will take precedence over the AUP or the Privacy Policy in the event of any inconsistency. If the AUP is violated, DefaultCloud may charge the Customer a penalty fee.

27. Guarantee

The services offered by DefaultCloud are given “as is” and “as available.” DefaultCloud makes no guarantees that the service will operate without interruption, without mistakes, or without viruses or other dangerous elements. No warranty of title, non-infringement, merchantability, or fitness for a particular purpose are made by DefaultCloud , either stated or implied. There is no warranty associated with any advice given by DefaultCloud or any of its personnel.

28. Compensation

Customer acknowledges and agrees that it is Customer’s responsibility to hold DefaultCloud harmless from any and all demands, liabilities, losses, costs, and claims that may be made against DefaultCloud , its agents, customers, officers, and employees as a result of any service rendered, agreed-upon to be rendered, or any product sold by Customer, Customer’s agents, employees, or assigns. This includes legal fees. Customer agrees to protect, indemnify, and keep DefaultCloud free from liability resulting from;

Any damage to people or property brought on by goods that were sold or otherwise disseminated in connection with DefaultCloud
Any content provided by a customer that violates or is claimed to violate a third party’s property rights
Copyright violations, and
Any faulty products that were distributed to customers by DefaultCloud.

29. Disclaimer

Even if DefaultCloud had been made aware of the possibility of such damages in advance, DefaultCloud will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages. The total amounts billed to Customer during the twelve (12) months prior to the claim will be the extent of DefaultCloud‘s maximum liability arising out of or related to the performance of its services.

DefaultCloud disclaims all responsibility for any claims, losses, actions, damages, lawsuits, or other legal processes arising from:

Access by other DefaultCloud customers or unauthorised parties to the data or computers assigned to the customer
Security lapses
listening in
Denial-of-service assaults
Intercepting data transmitted or received through DefaultCloud’s service
Reliance on the usage of the service by the customer
Faults, defects, interruptions, file deletions, blunders, delays in operation, or other failures to provide the service as promised
The service’s correctness, completeness, and usefulness; or
The loss of data or the inability to access data

The exclusions and limitations of liability set forth in this agreement are also applicable to DefaultCloud’s officers, employees, contractors, representatives, suppliers, parents, subsidiaries, and connected businesses.