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Terms of Service

Acceptance Of Contractual Agreement

The client agrees that by placing an order either by means of electronic ordering (the web order form) or submitting a written contract, and receipt of such order by Cloudrain Technologies, that you are agreeing to our Terms of Services, Acceptance Policy, and Service Level Agreement. No Modifications of said contract by customer are allowed.

Cloudrain Technologies will provide, and the Customer will purchase and pay for the Services, and service fees specified in the Order for the applicable Service Description. The customer acknowledges that the service and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract. The customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups

Examples Of Unacceptable Material On All Shared And Reseller Servers Include

  • Topsites
  • Proxy Scripts / Anonymizers
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • IP Scanners
  • Mail Bombers/ Spam Scripts
  • File Dump/ Mirror Scripts (similar to rapidshare)
  • Escrow/ Bank Debentures.
  • Prime Banks Programs
  • MUDs/ RPGs/ PBBGs
  • Bank Debentures/ Bank Debenture Trading Programs
  • Forums and/ or websites that distribute or link to warez/ pirated/ illegal content
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • IRC Scripts/ Bots
  • Pirated Software/ Warez
  • Mailer Pro
  • Hacker focused sites/ archives/ programs
  • Bruteforce Programs/ Scripts/ Applications
  • Banner-Ad services (commercial banner ad rotation)
  • Lottery/ Gambling Sites
  • Commercial Audio Streaming (more than one or two streams)
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples Of Unacceptable Material On All Dedicated Servers Include

  • IRCD (irc servers)
  • Pirated Software/Warez
  • Bruteforce Programs/ Scripts/ Applications
  • Escrow
  • Mailer Pro
  • Lottery/ Gambling Sites
  • Sites promoting illegal activities
  • IRC Scripts/Bots
  • IP Scanners
  • Mail Bombers/ spam Scripts
  • Prime Banks Programs
  • Hacker focused sites /archives/ programs
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Bank Debentures/Bank Debenture Trading Programs
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Cloudrain Technologies services, including all related equipment, networks and network devices are provided only for authorized customer use. Cloudrain Technologies systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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.

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 must be with expressed written consent from the third party. CloudrainTechnologies may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket or email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@cloudrain.in and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate agency.

 

Payment Information

You agree to supply appropriate payment for the services received from Cloudrain Technologies, in advance of the time period during which such services are provided. You agree that until and unless you notify Cloudrain Technologies of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Cloudrain Technologies, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Cloudrain Technologies of your desire to cancel any or all services, those services will be billed on a recurring basis, unless otherwise stated in writing by Cloudrain Technologies. Cloudrain Technologies reserves the right to bill your credit card or billing information on file with us. Cloudrain Technologies provides a 3 days grace period from the time the invoice is generated and when it must be paid. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@cloudrain.in after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Cloudrain Technologies cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Cloudrain Technologies reserves the right to change the monthly payment amount and any other charges at anytime.

Shared Hosting As Backup / Storage System

Cloudrain Technologies shared hosting/reseller hosting plans are not allowed to be used as a backup/storage/archive system. One cPanel backup for that same account is allowed to be stored for no more than three calendar days. Please note that shared hosting/reseller hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives, email archives, file archives, and similar is strictly prohibited. Violators of this policy may lead their accounts terminated with or without any prior notice and no refund will be issued.

The Unlimited policy doesn’t apply to emails and the Mysql databases. All unlimited shared hosting plans will be enforced strictly that it will have a 2GB limit for email storage and 1GB limit for MySQL database. Any accounts found abusing our servers as email storage or database storage will be suspended or terminate with or without notice.

Every domain hosted under reseller accounts will have a 2GB limit for email storage and 1 GB for MySQL database and accounts exceeding this limit will be suspended with or without notice.

Domain Name Change

It is the customer’s responsibility to provide the correct domain name while purchasing any of our hosting services, and in case if the customer provided the wrong domain name by mistakenly or due to any typo error then you will get the domain name change for free of charge, only if the domain name change request was submitted within 48 hours of hosting purchase, else we will charge you Rs.150/- plus GST as the domain name change fee.
 

Hosting Accounts Migration

Our Hosting Migration Team will take complete effort to help you move your website to us. Migrations are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete the migration. 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 migration of data from your old host. The free hosting migration is available for 21 days from your sign up date and migration request outside of the 21 days period will incur a charge. In no cases or event shall Cloudrain Technologies be held liable for any lost or missing data or files resulting from a transfer to or from Cloudrain Technologies. You are solely responsible for backing up your data in all circumstances.
 

Backups And Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Cloudrain Technologies is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cloudrain Technologies servers.

We strongly recommended all of our customers to do their own backups on their home computers or a Compact Disc to ensure you have ready access to your data in the event, we should have a hardware failure.

We does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that our backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of us.

Cancellations and Refunds

Cloudrain Technologies reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 14 days non-conditional money back period will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.

Resource Usage

User May Not

 

  •  Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, 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 15 minutes.
  •  Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  •  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”)
  •  To help reduce usage, do not force html to handle server-side code (like php and shtml).
  •  Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Backup Limit

Any shared hosting account using more than 10 giga bytes of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money back Guarantee

On dedicated servers and Virtual Private Servers (VPS) no refund will be honored and the 14 days money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Each of Cloudrain Technologies shared, and reseller servers carry a 14 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 14 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared and reseller hosting packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Cloudrain Technologies will not activate new orders or activate new packages for customers who have an outstanding balance with us. For a new order to be setup or a new package to be activated, you must have nil balance, unless otherwise stated by Cloudrain Technologies in writing.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Inodes

The use of more than 75,000 inodes on any shared account may potentially result in a warning on your CPanel and if no action is taken future suspension. If any accounts found to be exceeding the 1,00,000 inode limit will automatically be removed from our backup system to avoid over-usage of CPU resources, and also their CPanel account will restrict automatically for further uploding of files into the server. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

Reseller Responsibility

Resellers are responsible for supporting their clients. Cloudrain Technologies does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on behalf of their clients for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Cloudrain Technologies will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Client / Reseller Security Responsibility

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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. It is required that you 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/update your password.

We are giving more importance to secure our servers to provide hacking free services. As a result, we won’t allow customers or resellers to host any outdated scripts, plugins and themes and if found we will notify you to update it to the latest version to secure your hosting account as well our network. If no action taken, then we will suspend your account with or without prior notice.

Shared (non-reseller accounts) / VPS Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.

Dedicated Servers

Cloudrain Technologies reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Cloudrain Technologies reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@cloudrain.in if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Account Suspension & Termination

We understand the importance of a customer website and a website data and hence we are providing two days of grace period for renewing your hosting services. Any hosting services not renewed within 2 days grace period will get suspended with or without any prior notice and the accounts not renewed within 21 days from the expiry date will get terminated from our server to avoid unwanted existence of your data. For VPS and Dedicated servers, there will be no grace period and the server will reclaim if the customer didn’t renew the servers within 10 days from the time of validity expiration.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on cloudrain.in, and the right to increase the amount of resources given to plans at any time.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

Disclaimer

Cloudrain Technologies shall not be responsible for any damages your business may suffer. Cloudrain Technologies makes no warranties of any kind, expressed or implied for services we provide. Cloudrain  Technologies 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 Cloudrain Technologies and its employees.

Changes to the TOS

Cloudrain Technologies reserves the right to revise its policies at any time with or without prior notice.