Terms of service | CloudNest

The following Term & Conditions or Terms of Service (“TOS,” “Terms” or “Agreement” or “T & C”) apply to your use of our website and all services, features and/or content provided by CloudNest (“CloudNest,” “us,”, “our” ). By purchasing one or more Services from CloudNest, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the CloudNest website. It is essential that you read this TOS prior to purchasing any Service(s) from CloudNest.

The TOS apply to all Services provided by CloudNest to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on CloudNest. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. CloudNest reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when CloudNest decides that the account has been inappropriately used or illegal use.

All Comes Under Shared Hosting (“Shared Hosting”, “Premium Hosting”,”WordPress Hosting”).

Abuse Of Resources (Unacceptable Resource Usage)

To maintain the integrity of our servers and networks, as part of our commitment to providing excellent service to our customers, we must conduct a small verification process on your account, and you may be asked for KYC details (a clear scanned copy of your passport, driving license, or any other government-issued ID). The information on your ID should match the information on your account. Additionally, our team may contact you to verify your profile details, such as your phone number and address. In the unfortunate event that a customer fails to verify above information, their accounts will be canceled & no refund will be given.
Customer can not use Big Brand Name or Famous Brands Name for buying WEB HOSTING or DOMAIN NAME (No Refund). Use of some one’s Famous Brand Name or company name create Copyright Content Issues or Phishing Issues.

Domain Name Change : Only 3 times domain are allowed to be changed for one hosting plans within 1 Year.

Resource Limit Is Reached – If Resource Limit Is Reached or crossed of your cPanel or Plesk or DirectAdmin Panel or Website we will suspend you account/website .In this situation either you have to upgrade your account to VPS or optimized your website content like plugins, themes, website code, script code etc.
Phishing & Copyright Content (Based or Found )Website Strictly Prohibited (No Refund).

Adult Content based website or blog not allowed to host . And sometime purchased of additional Dedicated IP Address required for this.
Hosting of Mp3, Music, Video & Movies File Website or sites designed primarly for download contents are only allowed to host in our VPS & Dedicted Server. If found any Movie / Video / Audio / Mp3 Website in Shared & Reseller Hosting then your Account will be Suspend/Terminate without any Notification (No Refund).
We do not allow to host Free Domains or Freenom Domains e.g. .tk .cf etc. but no refund will be given in any situations if user cancel their services or request for refund.
CPU Abuse or Over Use of (Ram / CPU) are not allowed we immediately suspend that account without any Notice.
Spamming /Bulk E-mail /Marketing E-mail is not allowed we immediately suspend that account without any notice & also user can not use E-mail as a Storage. Note: Email Limit (Max 20 E-Mails Per Hour & Total 50 E-Mails Per Day.) Also minimum limit per mailbox size between 150MB and Maximum limit is 500MB depending upon plans.
CloudNest reserve the right to suspend or remove any databases that cause issues and downtime on any of our servers. Large and busy databases that require a lot of user connections should be hosted on a dedicated or VPS machine. Any database over 250 MB in size would be considered as overusage and not designed for shared hosting.
Run cron entries with intervals of less than fifteen (15) minutes and Run any MySQL queries longer than thirty (30) seconds. Uses of twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Resource Limit Is Reached – If Resource Limit Is Reached or crossed of your cPanel/DirectAdmin Panel or Website we will suspend you account/website .In this situation either you have to upgrade your account to VPS or optimized your website content like plugins,themes,code etc.

Unlimited Web Hosting Policy

Unlimited Disk Space : This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation. CloudNest’s service is offering shared hosting service, which means that multiple hosting Subscriber’s websites are hosted from the same server and share server resources. CloudNest’s service is designed to meet the typical needs of small and medium sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or Dedicated Server. CloudNest does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber’s account, with or without notice. Accounts with an excessive database size (i.e., more than 250MB) negatively affect the performance of the shared hosting server. CloudNest may request that the database size be reduced to ensure proper performance or may disable the Subscriber’s account, with or without notice. Hosting subscriber’s can create multiple databases however size of each database should not be more than 250MB. If your website database size is more than 250MB we recommend you to buy VPS Plans.

Understanding what is Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources. “UNLIMITED” does not mean “INFINITE”, just because you can have an unlimited amount of something does not mean it is physically possible to consume an infinite amount. All “Unlimited” services are only suitable for personal or small business customers.

CloudNest may monitor User’s use of bandwidth, disk usage and other resources. CloudNest, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in CloudNest sole and absolute discretion. We may also remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. UnlimitedGB may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of your account or other services WITHOUT ANY PRIOR NOTICE.

Server Uptime Policy

Any service interruptions or downtime due to scheduled maintenance by CloudNest or our network providers will not count towards the uptime guarantee. CloudNest is not liable in any way for failure of third party services. CloudNest will not be liable for failure or delay in performing its 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), 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. CloudNest upgrades the server, software and other tools time to time. For this purpose sometime we need to down some services for some certain time period. If in case of any upgrade, customer May or May not be informed 24 hours prior to the downtime. The downtime is usually not more then 10 to 48 Hours. In any situation or under any circumstance, CloudNest is not responsible for website, application, or server uptime. We do not offer any uptime guarantees like 99% or 98%. These are just references, or we do not pay compensation for server downtime. Our server contains so many third party software, so many network connections and hardware machines, so any issues can occur at any time. You are solely responsible for using our services.

Data Backup Policy (Shared Hosting)
Shared Hosting (“Shared Hosting”, “Premium Hosting”,”WordPress Hosting”)

CloudNest takes server backup every 30 days (once backup per month or 1 copy per month). The backup service generates backups on random days and replaces them with each new run, so only one is stored at a time. With monthly backup, might have 1% to 2% chances of an error while scheduling or making backup due to technical error & huge customer account. So in this situation, CloudNest may deny providing Backup. So your use of the services is at your sole risk. You agree to backup all of your User Content so that you can access and use it when needed. CloudNest does not warrant that it backup any account or user Content, and you agree to accept as a risk the loss of any and all of your user content. CloudNest.com is not responsible for any data loss/ data corruption in any situation. You as an CloudNest User agree that in no case, CloudNest can be held responsible for the loss of data in any circumstances. Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take backup of their websites every 15 days. Clients using the cPanel Backup Manager tool for backups should download the backup from the server and delete it. Every 10 days, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
Note: CloudNest advise our user to keep a back up copy of your hosting account to avoid losing your website data from termination. All your files & data will be deleted from the server, once your web hosting account is terminated and CloudNest shall not be liable for the same.

Data Backup Policy (VPS & Dedicated Server)

CloudNest.com will not be responsible for any  data loss/ data corruption in any situation or in any circumstances . So use our services is at your own sole risk. We recommend you to keep a back-up copy of your VPS & DEDICATED SERVER hosting account to avoid losing your website data. Also CloudNest.com recommend our user to buy Backup Addon Services for us or user can use any other third party services for making backup.

Third Party Software Policy

CloudNest do not Provide any help regarding webmail, G suite, Outlook, Zoho Mail etc configuration or setup. CloudNest will not be responsible for working of any third party software /Script or Code. User can not blame us regarding any script or code that is working on different server or any other hosting company but not working on CloudNest’s Server. In this situation customer had to contact their code provider or developer to install or run.(No Refund) CloudNest pricing may Increse or Decrease in any time or any situation (Renewable Price ) if any third party software licence price increse or decrease like Softaculous, Cloudlinux, Litespeed, cPanel, Plesk etc. CloudNest reserve the right to change Web Hosting Control Panel & their Software at any time.

Content Strictly Prohibited

CloudNest reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited

E-Gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, IRC Hosts, Satta, lottery, gambling, illegal downloads, IRC bots, Autobot, pirated software, ROMS, emulators, crack & nulled themes or plugins, phreaking, hacking, password cracking, IP spoofing, human trafficking, child pornography, pornography materials, streaming or broadcasting of live copyrighted events, distribute of pirated software, songs, mp3’s or any other pirated contents, also not allow to host website having content to defame any person or religion or community or orgnaization etc

Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.

Database servers must be used from our web servers only, we do not offer database hosting used from other web servers or Desktop Applications. For Desktop Application or remote database connectivity hosting please get in touch with our sales team for customized plans. If any website scripts found bad or resource hungry, will be stopped and customer will be informed by email. Once the customer checks and fix the problem in scripts,scripts can be allowed to run on servers with the approval of our technical team.

Domain Policy & Payments

No refund is applicable once the domain is registered or activated.
Domain infringement: User cannot register a domain name that is similar to any trademarked domain or domain similar to any brand or engaged in a business providing same & similar products & services. Any user trying to buy or register any such domain name will be counted for infringement of Trademark. Example: Flipkartstore.xyz, adtyabrlasfnanc.in, bajajfinancecs.com . That particular domain will be suspended & no refund will be given.
Domain Renewal: We will send you an invoice reminders to renew your domain a month or a day before the expiry. For failure or delay in the renewal of domain name, we are not responsible. Once a domain is renewed no refunds will be given.
Purchased Domain Not active or Not Available : Sometimes due to technical issues or domain registrar API issues, some already purchased domain or premium domain can be show available to buy or purchase from the customer end. If any customer bought/purchased or payment process is done for any such domain well in that case domain can not be activated. So In this situation, the customer has 2 options:-
(1) The customer can provide us any other alternative domain name so that we can activate that new provided domain name with the same extension and no need to pay any additional amount.
(2) Customer can get back their paid amount of money within 24 hours if they do not want to provide an alternative domain name.
We do not Sell or Provide any Premium Domain Names.
We do not Provide Domain names with “Special Characters” (ex .. “ß” “σ” “ἀ” etc).

 

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