Terms of Services
The following terms and conditions (these "Terms") govern the provision by CloudNestVPS Networks of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."
General
CloudNestVPS Networks will make sure to assist their clients as much as possible with the hosting service they rent. Regarding the technical complicity and difference from the internet, CloudNestVPS Networks will not be held responsible for interruptions or delays and the eventual impossibility for the user of an account, to gain access to the hosting service(s) due to saturation of the different networks or due to any other problem that might occur, where CloudNestVPS Networks or the user can be confronted with. The client can never hold CloudNestVPS Networks responsible for an interruption of the service for planned maintenance, emergency maintenance of the network and supremacy or an outage due to negligence of a third-party client, ddos attack and/or hack attempts.
Content
All services provided by CloudNestVPS Networks may only be used for lawful purposes.The customer agrees to indemnify and hold harmless CloudNestVPS Networks from any claims resulting from the use of our services.
Examples of unacceptable material on VPS Servers include:
Examples of unacceptable material on Dedicated Servers include:
Resource Usage (excludes VPS/Dedicated server accounts)
User may not:
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")
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package to a semi-dedicated service or vps server. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
SPAM and Unsolicited Commercial Email (UCE)
You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund.
You agree and understand that we have set a limit of 250 outgoing emails per hour on shared, reseller and semi-dedicated hosting services, 500 outgoing emails per hour on Virtual Private Servers, 3000 outgoing emails per hour on Dedicated servers to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
Account Activation
All our Shared/Reseller/Semi-Dedicated/Virtual Private Server Services can be online instant after the first payment is confirmed!
Backups
CloudNestVPS Networks working backups every 24h for all shared, reseller and semi-dedicated accounts. However, client always can ask us for last backup, and we will do that as soon as we can. We only store backups for 10 days after the Due Date. Unfortunately if a client requires his backup after 10 days from the due date we will not be able to provide it. Always back your site up to your personal computer! We make no guarantees about the availability of backups. VPS/Dedicated Server Customers are fully responsible for maintaining their own backups.
Bandwidth
CloudNestVPS Networks agrees that it shall maintain a 1 Gigabit connection to each server (from the server to the switch)***. However, CloudNestVPS Networks does not warrant any response rate or download time beyond it's control, as this is depending on Customer's and End Users ISP connections. We do NOT guaranty a set internet speed to your server.*** We do recommend, however, that you take advantage of our "speed and ping" test, prior to placing your order with CloudNestVPS Networks .
Test our Network Speed
Maintenance
CloudNestVPS Networks may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, CloudNestVPS Networks shall provide prior notice where it is reasonably practicable under the circumstances, determined by CloudNestVPS Networks , and shall restore service as soon as is reasonably practicable, determined by CloudNestVPS Networks . Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond CloudNestVPS Networks control or which is reasonable in duration. (Reasonable) is to be determined by CloudNestVPS Networks .
Security
The parties expressly recognize that it is impossible to maintain flawless security, but CloudNestVPS Networks shall take reasonable steps, (determined by CloudNestVPS Networks ), to prevent security breaches in server interactions with Customer and security breaches in CloudNestVPS Networks server interaction with resources or users outside of any firewall that may be built into CloudNestVPS Networks server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module, incoming and outgoing email if filtered through several means to prevent the transmission of spam, viruses, exploits and Trojan horses. Full system logging and accounting is done with each command and keystroke recorded to external log files. These log files are audited and maintained for 7 days and then destroyed, However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds CloudNestVPS Networks harmless for any compromise of Customer's security that resulted from their own actions.
Prices
CloudNestVPS Networks has the permission to change their prices at any time. These adjustments will be announced to the customer at least 2 weeks in advance. The customer is free to cancel the agreement if not agreed with the new prices, on the date that the new prices are valid.
Service Delivery time
Activation of a server will be done as fast as possible, after the payment is confirmed, or after a later agreed day. If we cannot activate a package before the agreed time period, we will inform the customer about this as soon as possible. In case of superior force from CloudNestVPS Networks , the term will be extended with the term of that superior force. Excessively exceeding delivery time, can be a valid reason to cancel the agreement made between CloudNestVPS Networks and the customer. With the request and registration of a domain name it can take a 24 hours before it's entirely processed. Registration and activation will be done as soon as the payment and necessary (request)forms are received.
Software updates and installations
CloudNestVPS Networks shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.
Payment Conditions & Account Cancellation
The customer's payment commitment will start on the day the agreement is made.
The payment must be done before the package is activated or before the due date on the next invoice.
The total price, depending the cycle the agreement has, needs to be paid in advance. If the customer does not pay on time, the customer will be informed about it and another due date will be made.
Service will be suspended on accounts that reach 5 days past due. Accounts not paid by due date may be subject to a late fee. If the customer does not pay after 10 days of the due date, the service will be cancelled and terminated. Please note that VPS/Dedicated Servers Customers must pay all dues before or on due date, CloudNestVPS Networks will wait 1 day before Terminate the account
Cancellation of Services
To cancel account, the customer must login to their account (Client Area), click on My Hosting Packages, click the service you wish to cancel, and click "Request Cancellation". Cancellation by any other means will not be an acceptable form of a cancellation request.
Money Back Guarantee
Hosting services carry an unconditional 7 day satisfaction guarantee. To cancel your hosting services and receive a refund, you must contact us within 7 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fees are refundable. Set up, domain name registration, SSL Certificate, and other one-time fees are not refundable.Paypal payments will be refunded on-line and other payment methods are not refundable.
Violations of the Terms of Service will waive any refund.
VPS/Dedicated server accounts are not covered by our 7 day satisfaction guarantee, Except Managed VPS that to be only of VPS Price by deducting any Control Panel, Addon etc.
Limited Liability
CloudNestVPS Networks will not be liable for failure or delay in performing it 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 or Registrar issues), routing issues between subscriber location and our private data center, 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.
Changing terms and conditions
CloudNestVPS Networks has the permission to make any modifications on the terms and conditions at any time, If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the new terms and conditions apply, until this date or on the date of receiving of the cancellation, if this applies after the commencing date.
Last Updated: 20th Oct 2016