Welcome to Cloudesert!
The following Terms of Service (TOS) outline the rules and regulations governing the use of our services. By using Cloudesert’s services, you agree to comply with these terms. It is crucial to carefully read and understand all sections of this document before utilizing any of our services.
Questions and Clarifications
If you have any questions about this agreement, please reach out to Cloudesert’s sales department at [email protected] or engage with our LiveChat support before signing up for any services.
Service Agreement
Cloudesert, hereinafter referred to as “Cloudesert,” provides web hosting services globally. Our commitment is to protect each client and offer top-tier service. It is imperative to review and agree to both the Terms of Service and our comprehensive Service Agreement before signing up or using Cloudesert’s services. For clarification, contact our sales department.
Resource Usage Policy
The Resource Usage Policy is an extension of the Terms of Service, providing detailed guidelines on resource utilization. Before using Cloudesert’s services, carefully review and agree to these policies. For any questions or clarifications, contact our sales department.
Domain Registration Agreement
The Domain Registration Agreement applies to all domains registered or transferred to Cloudesert. Registering or transferring a domain indicates acceptance of this agreement. For clarifications, contact our sales department.
DOMAIN REGISTRATION SERVICE AGREEMENT
1. REACTIVATION AND DISCONTINUATION:
After the reactivation period, we reserve the right to discontinue domain registration services at our discretion. Alternatively, we may pay the registry's registration fee to continue the services, or transfer the domain to a third party who successfully bids in an auction.
2. REDEMPTION GRACE PERIOD (RGP):
If domain registration services are discontinued, a Redemption Grace Period (RGP) may be available. However, we are not obligated to participate in the RGP process.
3. EXTENDED REDEMPTION GRACE PERIOD (ERGP):
In cases where we choose to continue services, you may assume control during the initial 120 days of the registration term by paying a fee.
4. AUCTION OF DOMAIN:
If domain services are auctioned to a third party, you may recover the domain within a specific period post reactivation, following a defined process and payment of a reinstatement fee.
5. LIMITATION OF LIABILITY:
We are not liable for service suspension, loss, interruptions, or unauthorized use of account credentials. Our maximum aggregate liability is limited to the total amount paid for domain registration, not exceeding four hundred dollars ($400.00 US Dollars).
6. INDEMNITY:
You agree to indemnify and hold us, ICANN, and other parties harmless from liabilities and claims related to domain registration services.
7. REPRESENTATIONS AND WARRANTIES:
You represent that domain registration and use do not infringe on third-party rights, and provided information is accurate. The services are provided "as is," with no warranties.
8. GOVERNING LAW AND JURISDICTION:
This agreement is governed by the laws of [Your Jurisdiction], and disputes are to be resolved exclusively in [Your Jurisdiction] courts.
9. NOTICES:
Notices from us to you are considered given if delivered to the contact information you provided.
10. INFANCY:
By entering this agreement, you affirm that you are of legal age.
11. GENERAL:
This agreement, along with any modifications, constitutes the entire agreement between you and us, superseding all prior proposals. Amendments require a written document signed by both parties.
Domain Reseller Agreement
The Domain Reseller Agreement outlines terms and conditions for using your Cloudesert Domain Reseller account. It defines how you can sell Cloudesert’s products and services to your customers.
Domain Reseller Agreement - Link to Domain Reseller Agreement
Content Policy
All services provided by Cloudesert are intended for lawful purposes only. Prohibited activities include the transmission, storage, or presentation of any illegal content. Cloudesert reserves the right to take action against violators. For clarifications, contact our sales department.
Examples of non-acceptable content include, but are not limited to:
- Pirated software
- Bulk Email related products
- Pornography
Cloudesert will be the sole arbiter in determining violations and reserves the right to deactivate and remove any site for any reason.
Copyright Violations
Cloudesert complies with the Digital Millennium Copyright Act and other applicable copyright laws. We respond to infringement reports in accordance with these regulations.
System Resource Usage
If an account is found to utilize an unacceptable amount of system resources, Cloudesert may take corrective actions, including temporary deactivation. Cloudesert reserves the right to determine violations and provide recommendations for resolution.
Backups
Cloudesert performs nightly backups, but these are for administrative purposes only and are not guaranteed. Customers are responsible for maintaining their own backups. Cloudesert does not guarantee data integrity or provide compensation for lost data. Please review our backup policies for details.
Characters to Avoid When Naming Files and Folders - Link to Characters to Avoid
Files and Folders Not Being Backed-up - Link to Files and Folders Not Being Backed-up
Unsolicited Email (SPAM)
Sending unsolicited email from a Cloudesert server is strictly prohibited. Violators will face immediate deactivation. Cloudesert may bill individuals intentionally spamming at a rate of $90/hour for related cleanup.
Help us STOP SPAM! Report violations to our abuse department immediately.
Support Abuse
We expect respectful communication from our customers. Consistent rude or demeaning behavior towards our staff may result in account suspension or termination. Cloudesert reserves the right to determine violations and provide notice for service termination.
Cancellations
Our Billing department handles cancellations. Submit a cancellation request through the client area, confirming your identity and willingness to remove files and emails. Choose between immediate or end-of-billing-period cancellation.
Payments and Billing
We provide at least ten (10) days’ notice of renewal pricing changes. Cloudesert automatically bills your payment method before, on, and after the due date unless you terminate services. You are responsible for accurate billing information and timely payments.
Price Change
Cloudesert may change prices with at least thirty (30) days' notice for annual or longer-term plans. Regularly review pricing on our website and billing information provided.
Late Payments
Late payments may result in suspension or termination. Cloudesert is not liable for any damages or losses due to service suspension or termination.
Money-Back Guarantee and Refund Policies
Cloudesert offers a Money-Back Guarantee for Shared, Reseller, and WordPress Hosting (45 days) and VPS Hosting (7 days). Exceptions and conditions apply. Refunds are not applicable to add-on services, account funds, domain-related services, and renewals.
Introductory Offer Eligibility
Introductory Offers are for new customers or existing customers starting a new project. Existing websites are not eligible. Violations may lead to suspension or termination without refund.
Free Migration Policies
Migrations are courtesy services with no guarantees. Free migration is available for sixty (60) days. After this period, a fee applies. Cloudesert is not liable for lost data during migration.
Free Domain Name Policies
Customers with 24 or 36-month plans receive a complimentary domain registration or transfer. Terms and conditions apply, and cancellations may result in charges.
Prohibited Persons (Countries, Regions, Entities, and Individuals)
Certain entities and individuals are prohibited from using our services based on U.S. export and control laws. Users represent that they are not in sanctioned countries/regions or listed as Specially Designated Nationals.
Failure to Follow Policies
Non-compliance with these terms may lead to account suspension or deactivation without prior notice. Cloudesert reserves the right to remove any account violating policies.