Terms Of Service

I. Overview

Effective date: January 16th, 2024

This is the page for Terms of Service, Refund Policy and Fair Use Resources Policy of UserCloud.

Every client should read this page properly before placing the order.

By purchasing our services, meaning that you have properly acknowledged and accepted Terms of Service, Refund Policy and Fair Use Resources Policy of UserCloud.

II. Terms of Service

We are UserCloud ("Company," "we," "us," "our"), a company registered in the United States of America,

We operate the website https://billing.usercloud.host (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by opening ticket on this site.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and UserCloud, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

Cookies:

By using UserCloud's services, you consent to the use of cookies. These are employed to enhance your browsing experience and provide personalized content. Users have the option to manage cookie preferences through their browser settings.

Billings:

Users are responsible for timely payments associated with their selected hosting plan. Failure to pay may result in service suspension or termination. Billing-related inquiries can be directed to our support team.

Our refund policy is outlined in the Refund Policy.

Fair Use (Refer to Fair Use Resources):

Users must adhere to our Fair Use Policy, which governs acceptable resource utilization. Consistent violation of the policy may result in corrective actions, including resource adjustments or account suspension.

Abuse:

Engaging in prohibited activities, such as:

  • port scanning
  • brute forcing 
  • DDoS attacks
  • IP spoofing
  • phishing
  • email spamming
  • hosting copyrighted content,

may lead to the immediate suspension of services without issuing a refund.

Termination:

UserCloud reserves the right to terminate accounts without notice in cases of severe policy violations or breaches of security. Users are encouraged to review and comply with our terms to avoid any unforeseen disruptions.

Data Loss:

UserCloud is not responsible for any data loss that may occur during the use of our services. Users are advised to implement their own data backup strategies to mitigate potential loss.

Prohibited Activities:

Users are expressly prohibited from engaging in activities that compromise the integrity of our services or violate applicable laws. UserCloud reserves the right to investigate and take appropriate action against any such activities.
 

Our Responsibilities:

  • Service Level Agreement (SLA) Commitment: We guarantee a 95% uptime for our services. This SLA is a pledge to our commitment towards service reliability and quality. Excluding downtime due to DDoS attacks or other network security incidents. We ensure proactive monitoring and maintenance to meet this commitment. However, it is important to note that during DDoS attacks or similar network security incidents, server connectivity might be disrupted, and such periods will not be counted against the SLA. All network status updates, including those related to DDoS attacks and other security incidents, will be promptly communicated on our network issue page.

  • Maintenance and Server Failures: In the event of server failures, we promise to promptly investigate and address these issues to ensure normal service operations. Our technical team is dedicated to maintaining the integrity and performance of our services.

  • Resource Allocation and Fair Use: We engage in long-term monitoring to ensure fair allocation of shared resources on the host machine. In line with this, we will take necessary actions, including the removal of customers who persistently abuse resources, to maintain service quality for all users.

  • Technical Support Limitations: Currently, UserCloud does not offer extensive technical support services. Our support is primarily focused on issues directly related to the mother machine and VPS. Except for these areas, we generally do not provide technical assistance, including the installation of agent panels and agent maintenance services. We request our users to be aware of these limitations in technical support.

Additional Provisions:

International and Backbone Network Issues: In the event of international or backbone network disruptions, such as blockages or slowdowns, which may affect local areas, UserCloud will not be held responsible for any resulting service degradation. Customers are expected to acknowledge these circumstances as external and beyond our control, and adapt accordingly.

III. Fair Use Resources

CPU Utilization:

Users are encouraged to maintain an average CPU utilization under 30%. Consistent usage beyond this threshold may impact server performance and lead to corrective actions, such as limiting resources for the violating account.

Bandwidth Usage:

While users are free to utilize bandwidth according to their individual product needs, it is generally not considered normal to sustain usage beyond 60% of the product-specific bandwidth capacity continuously. 

This policy, applied uniformly across all products, ensures fair allocation of resources for all customers.

IV. Refund Policy

Customers are eligible for a refund within the first 7 days (1 weeks) after the activation of their server.

To initiate a refund, customers must open a ticket within the stipulated 7 days (1 week) timeframe to our billing department. A cancellation request is not sufficient for requesting a refund, a ticket must be opened.

Refunds will be processed only if the total traffic usage does not exceed 2GB during the specified 7-day period. Traffic usage exceeding this limit will void eligibility for a refund. Also the request is made within the 7-day period. Accounts violating our acceptable use policy are not eligible for refunds.

Refunds will be issued using the original payment method. Please allow a reasonable processing time for the refund to reflect in your account.

Any payment fees associated with the transaction may be deducted from the refund, such as setup fee, and fees charged by our payment processors.

Account credit deposits are NOT eligible for refunds under any circumstances.

V. Updates to Policies

These terms are subject to change without notice. Users are encouraged to regularly review the these policies to stay informed about any modifications.

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