Terms of Service - Hostcyclone

Service Contract

Hostcyclone Service Contract Where the content states: "We" or "Us" or "Our" includes Hostcyclone or any party acting on Hostcyclone's implicit instructions. "You" or "Your" or "Reseller" or "client" or "customer" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. Hostcyclone reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.hostcyclone.com/tos.htm. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement. By using any portion of Hostcyclone's service, you are agreeing to this service agreement on this document entirely.

This document is the contract between You and Hostcyclone.

For domain related agreement please visit https://www.hostcyclone.com/registration-agreement.html

Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.

Your unique customer username will be on this receipt and should be used for an enquires to Hostcyclone.

Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at sales@hostcyclone.com

Our trading hours are 365 Days a Year, 24/7. Normally we will respond within 1 hours of receiving your enquiry.

The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.

We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method.

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 Dayss. There are no refunds past the 30 Days period.

Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Hostcyclone through other companies.

No refunds are provided for VPS or Dedicated servers under any circumstances.

No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

Credit on your account cannot be refunded and must be used for purchases and renewals.

Setup fees are non-refundable.

Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 Days money back guarantee.

Any funds sent to Hostcyclone which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

SLA Conditions

If your service drops below 99.9% uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level.

Any planned maintenance work is except from this guarantee and will be ignored. Dedicated servers currently have no SLA.

Uptime level is calculated by our status page and monitors only.

Free Domain Conditions

A free domain name will be registered for you with premium hosting package when you will pay yearly.

Only one domain will be registered free of charge per account.

Minimum hosting term of 3 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time.

If you cancel your hosting before the 3 month paid period Hostcyclone reserve the right to cancel or resell your domain.

The offer applies to .com, .net, .biz domains only.

Affiliates

Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area.

Affiliates may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.

Web Hosting

These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Hostcyclone. By using your Hostcyclone account, you agree to all of the Terms and Policies set out in this document.

General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage — If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges — Hostcyclone provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term — The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

Backups — Hostcyclone take daily backup and backups are not guaranteed. These backups are strictly for our own use in-case of a server failure. Hostcyclone recommends that clients backup their data to their personal computers or storage servers. Clients are responsible for their own data. We do charge $10/one time for backup restoration.

Suspended or Terminated Account Backups — If you need backup for suspended account, you need to pay $20/one time fee. We keep terminated account backup for 13 days only. The restoration fee is $20/one time depend on the backup availability. Note: We do not provide any guarantee on terminated account backup.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Hostcyclone to suspend or terminate your account. You agree that Hostcyclone has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following.

Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
Hosting websites dedicated to pornography or adult content.
Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
Using your hosting as a file or image hosting service.
Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
Uploading, linking to or storing warez, cracks or other pirated software.
Assisting in or directly distributing copyrighted material.
Excessively using the Service in such a way as to limit the bandwidth available to others.
Providing fake or incomplete contact details, including name, postal address and telephone number.
Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
Using the Service for unauthorised relays through any third party systems.
Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
Attempting to cancel, supersede, or otherwise interfere with email other than your own.
Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
Using the Service to host phishing content.
Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Hostcyclone may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
Security — You agree not to access or attempt to access private areas of the Service. You agree to notify Hostcyclone as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
Intellectual Property — Hostcyclone does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@hostcyclone.com.
Continuing a specific identification of the allegedly infringing material and the location(s) on Hostcyclone facilities where the materials are to be found. Upon receipt of such written notice, Hostcyclone will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Hostcyclone receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Hostcyclone will send you a copy of that notification. Unless you notify Hostcyclone of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
Liability — You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Hostcyclone, neither Hostcyclone nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Hostcyclone neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Hostcyclone is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Hostcyclone equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Hostcyclone and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree that, should you use the Service to send or receive voice communications, Hostcyclone is not acting as a telecommunications carrier or telephone , that there is no representation made by Hostcyclone as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Hostcyclone has no liability of any sort for the failure or lack of quality of such use of the Service.
You agree to be liable for any damages or loss of service which results in damages to Hostcyclone as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Hostcyclone may pursue any such claims against you in Court.
You agree that in no event will Hostcyclone have financial liability to you.
Warranty — Hostcyclone MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Hostcyclone ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Hostcyclone OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Hostcyclone ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Hostcyclone DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Hostcyclone DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

Resource Usage

User may not:

Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 25% system resource allowed on Turbo hosting only.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
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 software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Run rapidleech plug mod.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
Run cron entries with intervals of less than 15 minutes.
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.

VPS CPU Usage

Client agrees not to run any processes on his or her VPS which create a CPU load above 0.9 on the VPS for an extended period of time or which cause a high CPU load on the host node for an extended period of time. In other words, client agrees not to use the equivalent of a full core for him or herself for an extended period of time. Disruptive CPU usage may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Hostcyclone has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Disputes

You agree that any dispute between you and Hostcyclone arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Hostcyclone will be submitted by the aggrieved party for binding arbitration under the auspices of the Bangladeshi law and International Law.

Governing Law

These Terms and Policies are governed in all respects under Bangladeshi laws and International Laws.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.

It is your responsibility to ensure any paypal subscriptions you have setup are cancelled.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

Dedicated server cancellations must be submitted a minimum of 15 days prior to the renewal date or you may be charged for the next billing period.

Resellers

Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.