Terms of Service

These Terms of Service ("Agreement") are an agreement between HEROCLOUDS ("we", "us", or "our"), and you ("User", "you", or "your"). This agreement sets in place the terms and conditions for the use of any products and services set forth by HEROCLOUDS. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Account Eligibility

a. By registering for and using our services, you represent that:
- You are at least 18 years of age. The Services are intended for use by users who are 18 years and older. Any registration, use of, or access to our services by anyone under 18 is a violation of this Agreement.
- If you use our services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the services.

b. It is your responsibility to provide accurate, complete, and current customer information on registration forms. The email address that you use to sign up must be different from the domain that you are signing up with. If there is a reason for us to contact you, we will contact you using this email address.

c. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security of your account.

d. Any dedicated IP order is subject to IP justification. IP justification policies may change to comply with the Indian Registry for Internet Names and Numbers (IRINN), American Registry for Internet Numbers (ARIN) and Réseaux IP Européens Network Coordination Centre (RIPE).

e. You agree that changing the main domain on an account will incur a fee of $10 for each time the main domain is changed.

Website Migrations

a. Our website migration service is provided as a courtesy. Our team will make every effort to help move your website to us, but we do not make any guarantees regarding the availability, possibility, or time required to transfer an account. Our free migration service is available for 30 days after your sign-up date. Transfers outside of the 30 day period will incur a charge as specified below:
- cPanel transfers: $0.50/account
- Non cPanel transfers: $2.50/account

b. Our VPS migration service is also provided as a courtesy. Our team will make every effort to transfer your VPS server, but we do not make any guarantees regarding the availability, possibility, or time required to transfer a VPS account. If a user wants to move their VPS from one location to another, HEROCLOUDS will migrate the VPS for free for the first time. Additional migrations will incur a $5 charge per each migration. For example, if the user signs up with a VPS in France and would like to move the VPS to Los Angeles, this first migration is free. A subsequent migration would cost $5.

User Content

a. You may be able to upload, store, publish, display, and distribute information, text photos, videos, and other content on or through our services (collectively referred to as, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted by us. You are solely responsibly for ensuring that User Content complies with this agreement.

b. HEROCLOUDS exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HEROCLOUDS's computers, networks, or points of presence. HEROCLOUDS does not monitor User Content. You agree and acknowledge that HEROCLOUDS may take corrective action in HEROCLOUDS's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate and and all Services without refund if you violate the terms of this Agreement. You hereby agree that HEROCLOUDS will have no liability due to the corrective action that HEROCLOUDS may take.

Account Security and HEROCLOUDS Systems

a. It is your responsibility to ensure that scripts and programs installed under your account are secure and that permissions of directories and files are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account, including the compromise of credentials such as username and password.

b. The services, including all related equipment, networks, and network devices are provided only for authorized customer use. HEROCLOUDS may, but is not obligated to, monitor our systems to ensure that use is authorized to facilitate protection against unauthorized access, to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, or copied and used for authorized purposes. By using our services, you consent to monitoring of network services for these purposes.

c. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. This includes but is not limited to denial of service attacks, brute force attacks, email spam, and web spam.

d. Any account which causes us to receive an abuse report may be suspended or terminated. If you do not remove malicious content after being notified, we reserve the right to leave access to services disabled.

e. We reserve the right to impose fees for verified abuse. Payment must be made for abuse of services prior to account re-activation. We reserve the right to deviate from our abuse schedule as we see fit. Our abuse fee schedule is as follows:

-First notice: no charge. (Service will be suspended if not entertained in 12 hours)
-Second notice: $5 penalty.
-Third notice: $25 penalty.
-Fourth notice: Account Termination

HIPAA Disclaimer

a. We are not "HIPAA compliant". Customers requiring secure storage of "protected health information" as define under the federal Health Insurance Portability and Accountability Act (HIPAA) are expressly prohibited from using the services for such purposes.

Billing and Payment Information

A. It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be applied to the oldest outstanding invoice in your billing account first.

B. Unless otherwise provided, you agree that you will be billed on an automatically recurring basis to prevent the disruption to your services.

c. All invoices must be paid within 2 days of the invoice due date. Any invoice that is outstanding for more than 2 days may result in the suspension of your service. Access to the account will not be restored until payment has been received. We reserve the right to charge a 15% late fee in addition to the invoice.

E. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, payment methods, or identities. We may report misuse or fraudulent use to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.

F. - Invoices for monthly, quarterly, semi-annual, annual, biennial, and triennial recurring services will be issued 07 days in advance of the due date.
- Unpaid services will be suspended 02 days past the due date on the service.
- Unpaid services will be terminated 05 days past the due date on the service.

G. You may dispute an invoice with HEROCLOUDS prior to its due date. If you have any questions about a charge on your account, you may reach out to the billing department for assistance. Opening a dispute with your credit card company or initiating a chargeback is a violation of this agreement, and may incur an additional $75 chargeback fee.

Money Back Guarantee

a. HEROCLOUDS provides a 30 day money back guarantee for shared, reseller, and VPS accounts. The following are eligibility requirements for the money back guarantee. Customers must meet all eligibility requirements in order to be awarded the refund as per our money back guarantee:
- You have not been a customer of HEROCLOUDS in the past.
- Abuse or misuse has not occurred on your service (see "Account Security and HEROCLOUDS Systems", "CPU, Bandwidth, and Disk Usage").
- You have not initiated a dispute or chargeback.
- You have been a customer in good standing of the service for no less than 20 days and no more than 30 days.
- Money back guarantee applies with the base of yearly billing cycle.
- Any violations of this agreement will waive your right to a refund.

Refund Policy

All refunds are at the sole discretion of HEROCLOUDS, including fees associated with primary services, additional features, and any/all setup fees previous assessed.

Prohibited Uses

The following uses are prohibited:
a) Using our services to infringe upon copyrighted material. If you believe your copyrighted content has been infringed upon, please contact abuse@heroclouds.com
b) Using our services to host child pornography.
c) Using our services to harm other networks or computers in any way, including but not limited to Denial of Service attacks, brute force attacks, et cetera.
d) Using our services to send bulk amounts of email (defined as more than 1,000 emails per day), including but not limited to spam, spamming, or bulk mailing. If you plan on sending bulk mail, obtain permission from first. Those who breach this section of the agreement will be referred to SpamHaus.

Prohibited Materials

The following is a list of materials that are prohibited at all times on our servers:
a) Topsites
b) IRC Scripts/Bots
c) IRCD (irc servers)
d) Proxy Scripts/Anonymizers (includes Shadowsocks)
e) Image Hosting Scripts (similar to Photobucket or Tinypic)
f) AutoSurf/PTC/PTS/PPC sites
g) IP Scanners
h) Bruteforce Programs/Scripts/Applications
i) Mail Bombers/Spam Scripts
j) Banner-Ad services (commercial banner ad rotation)
k) File Dump/Mirror Scripts (similar to rapidshare)
l) Commercial Audio Streaming (more than one or two streams)
m) Escrow/Bank Debentures
n) High-Yield Interest Programs (HYIP) or Related Sites
o) Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
p) Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
q) Prime Banks Programs
r) Lottery/Gambling Sites
s) MUDs/RPGs/PBBGs
t) Hacker focused sites/archives/programs
u) Sites promoting illegal activities
v) Forums and/or websites that distribute or link to warez/pirated/illegal content
w) Bank Debentures/Bank Debenture Trading Programs
x) Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
y) Mailer Pro
z) Push button mail scripts (permission required)
aa) Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
ab) Tell A Friend Scripts
ac) Anonymous or Bulk SMS Gateways
ad) Bitcoin or Any Virtual Currency Miners
ae) PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)

Cancellation

a. HEROCLOUDS reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.
b. Customers can cancel service pursuant to the terms of their contract by email or through the portal. Only authorized contacts/individuals can cancel an account. Unless client specifies a termination date, accounts will be terminated upon notice.
c. Unless otherwise specified in the terms of Client’s contract and for all month-to-month services, cancellation notice must be received at least 7 days prior to scheduled service renewal date; furthermore, if service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.
d. Cancellation requests must be submitted via the HEROCLOUDS client area by selecting “Request Service Cancellation” from the left navigation and submitting the cancellation form for the services being discontinued.
e. Refund policies (above) strictly apply to all cancelled accounts.
f. If an account is cancelled due to non-payment, HEROCLOUDS reserves the right to delete contents without notice and re-provision the server.

CPU, Bandwidth, and Disk Usage

a. All use of hosting space provided by HEROCLOUDS is subject to the the terms of this agreement and the Acceptable Use Policy.

- Shared and reseller hosting space may be used only for web files, active email, and content of user websites. Space may not be used for storage, including as offsite storage of electronic files, email, or FTP hosting. We will review and notify you in the event of excessive CPU or disk usage. Excessive CPU usage is defined as such usage that significantly impacts other users' ability to use their services.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan or server that has been purchased.
b. Bandwidth usage is actively monitored.

Uptime Guarantee

a. If your shared or reseller server has a physical downtime that falls short of our 100% uptime guarantee, you may receive 1 month of credit on your account. This uptime guarantee does not apply to planned maintenance or acts of god. Server uptime is defined as the reported uptime from the operating system and the web server which may differ from uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department. Please note that uptime guarantee requests must be submitted within 7 days of the actual downtime.
b. Uptime guarantees for dedicated servers include only network uptime. Events including but not limited to failure of a part, a DDoS attack, or an act of god are exempt from the uptime guarantee.

Resellers

a. Resellers are responsible for providing support to their clients. If a reseller's client contacts us, we reserve the right to place the request on hold until the reseller contacts us directly. Resellers must contact HEROCLOUDS directly for security purposes. b. Resellers are responsible for the content stored and transmitted under their reseller accounts.

Coupons

a. Discounts and coupons are reserved for first-time accounts or first-time customers only and may not be used toward the purchase of a domain name registration unless otherwise specified.

Backups and Data Loss

a. Your use of our services is at your sole risk. Our backup service runs daily and saves 7 backups. Only one week of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at our sole discretion. We make no guarantees about the availability of these backups.

Limitation of Liability

a. In no event with HEROCLOUDS, its directors, employees, or agents be liable to you or any person for any direct, consequential, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or any other materials accessed or downloaded through the services, even if HEROCLOUDS is aware of the possibility of such damages.

Indemnification

a. You agree to indemnify, defend, and hold harmless HEROCLOUDS, our affiliates, and our respective officers, directors, employees, and agents. The terms of this section shall survive any termination of this agreement.

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