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These Terms of Service ("TOS," "Terms" or "Agreement") govern your use of our website and all services, features, and content provided by BigCloudy (“BigCloudy,” "us,", "our"). BigCloudy Pvt Ltd is the legal entity behind BigCloudy. By purchasing any Service(s) from BigCloudy, you acknowledge that you have read, understood, and agree to be bound by these TOS. The latest version of our TOS is available on the BigCloudy website and it is important that you read them before making any purchases.

Acceptable Use Policy

Our Acceptable Use Policy outlines the acceptable use of our services. We expect our clients to use our services in a responsible and lawful manner. Any violations of our Acceptable Use Policy may result in immediate suspension or termination of services.

Abuse of Resources

Any attempts to compromise or actual compromise of a network device belonging to our company or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners, and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Denial of Service (DOS) Attacks

Denial of Service (DOS) attacks directed at our company, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Illegal Content

Hosting any software, source code, or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making, and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Copyright Infringement

The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones, or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.

Defamatory or Private Information

The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights is strictly prohibited.

Server Abuse

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.

Excessive Resource Usage

Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms (i.e., upgrade). Although we offer 99.95% up time, we cannot fully guarantee this, this is due to the updates and up-gradation we carry out, which is also a part of our maintenance.

Client Conduct

If any client is in any way disrespectful towards any member of our staff, we have full right to remove them from our services without any refund.

Customer Agreement

As a customer of BigCloudy, you agree to abide by the terms and conditions outlined in the TOS for the entire duration of your use of our services. Before signing up for any hosting plans or services, you must agree to all terms and conditions. You may only use licensed and legal third-party software with our services. BigCloudy reserves the right to suspend or terminate access to services at any time, especially if the account has been misused.

Website Content

BigCloudy has the right to deny service or server access to anyone. Our services must only be used for lawful purposes, and it is strictly prohibited to transmit, store or present any information, data or material that violates any applicable law or regulation. The following activities are examples of strictly prohibited content or activities:

The following activities serve as examples of what is strictly prohibited in terms of content and actions.

  • Topsites prime banks programs, bank trading programs, cryptocurrency/bitcoin miners, forex, 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, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
  • Any website content that promotes or endorses human trafficking, as determined solely by BigCloudy, as well as websites promoting prostitution or escort services, are strictly prohibited.
  • BigCloudy will suspend any website immediately, without notice or warning, if it is discovered to host child pornography, link to child pornography, or display exploitative content.
  • The term "adult materials" encompasses all pornography, erotic images, or any other content that is considered lewd or obscene. The classification of content as "adult material" is solely at the discretion of BigCloudy.
  • Uploading or embedding high-resolution images, audio, or video content on a website, as well as linking to websites that promote such content, is not allowed.
  • Illegal material, which includes copyrighted works, commercial audio, video, or music files, and any material that violates regulations or is perceived to be misleading, is strictly prohibited.
  • Hosting any type of game on our servers is strictly prohibited. If any gaming-related content is found in your hosting account, it will be terminated immediately.
  • It is strictly forbidden to host an IRC server that is connected to another IRC network or server, or that has any connection to an IRC network. Servers or virtual hosting accounts that are discovered to be part of such networks or connections will be instantly removed from our network without prior notice. Reconnection to the network is possible only after the complete removal of all traces of the IRC server and access has been granted to us to verify that the content has been completely eliminated. Any server that violates this policy for a second time will be subjected to immediate account termination.
  • BigCloudy retains the authority to label any content or literature as "prohibited" if it is deemed indecent, discourteous, hateful, or generally unacceptable.
  • Please refer to the General Acceptable Use Policy to obtain complete information about restricted content and activities.

Bandwidth Policy

Once a customer's account exceeds its allocated bandwidth limit, we will notify the customer. If the customer chooses not to upgrade their account or purchase additional bandwidth and continues to surpass the limit, their account will be suspended until appropriate measures have been taken to prevent further breaches or until an account upgrade is made, whichever occurs first. The account will be reactivated in the following month.

Rules for VPS Usage

  • We strongly suggest that customers utilize a control panel for managing and operating their VPS. In case a customer has a plain VPS, they are responsible for configuring the DNS, user accounts, mail accounts, and other configurations related to their VPS. Our support team will not be accountable for such configurations."
  • Prohibition of Unsolicited Commercial Email (UCE) and Commercial Advertising via Email (SPAM)
  • Sending unsolicited emails from our servers or using email addresses that are maintained by us, commonly known as SPAM, is strictly prohibited. Violating this provision will result in immediate deactivation of your site without any refund, with BigCloudy having the final say in determining what constitutes a violation.
  • Please note that we cannot guarantee inbox email delivery with any of our hosting plans.
  • BigCloudy values the safety of your data, and therefore, we advise all our users to take responsibility for backing up their User Content to avoid any risks of data loss. While BigCloudy does not guarantee the backup of any Account or User Content, we offer backup service for shared and reseller hosting plans, which includes daily backup of databases with a retention period of 7 days and weekly backup of websites with a retention period of 1 day. However, please note that our backup copy does not include any emails or media files.
  • Clients using the cPanel Backup Manager tool must download their backups and delete them from the server to avoid exceeding their hosting space limit. Every Sunday, all backup files are automatically removed from the server without any prior notification.
  • Please note that in no case can BigCloudy be held responsible for any data loss. Therefore, we encourage all our clients to take necessary measures to protect their data.

Payments for Domains

  • Domain Registrations: Once a domain is registered, no refunds will be issued.
  • Domain Infringement: You are not permitted to register a domain name that is similar to a trademarked or branded domain, and that is engaged in a similar business providing similar goods or services. Any individual attempting to register such a domain name will be held accountable for trademark infringement. Examples include Flipkartsale.in, bajajfinancecs.com, and adtyabrlafnanc.co.in.
  • Domain Renewal: We will send you reminders to renew your domain one month before it expires. We are not liable for any failure or delay in domain renewal. Once a domain is renewed, no refunds will be given.

Uptime Policy

Uptime “BigCloudy guarantees an uptime of 99.9% for its services. However, any service interruptions or downtime caused by scheduled maintenance carried out by BigCloudy or its network providers will not be counted towards the uptime guarantee. BigCloudy will not be held responsible for any failures or interruptions caused by third-party services.

Resources

BigCloudy will make commercially reasonable efforts to provide additional resources to Subscribers using their website(s) in line with these terms, including upgrading to newer and bigger shared servers when necessary. However, to ensure a consistent and quality experience for all Subscribers, BigCloudy may put automated safeguards in place to protect against any website that grows too quickly and negatively impacts the system until BigCloudy can evaluate the website's resource needs.

Change of TOS

BigCloudy reserves the right to make changes to these Terms of Service (TOS) at any time, with immediate effect. If the change is required by law or related to the addition of a new service or functionality to the existing service(s), or any other change that does not reduce your rights or increase your responsibilities, the TOS will be updated without prior notice to you and shall have immediate effect.

Any clarification or explanation of the Terms provided by the parties will not modify the provisions of these TOS.

To adhere to the DMCA act, BigCloudy has established protocols for individuals who believe that a site hosted on our service is infringing on their copyright. Any complaints regarding copyright violations should be directed to abuse@bigcloudy.com.

We take these terms of service seriously, and any violation may result in immediate suspension or termination of services. If you have any questions or concerns about these terms, please contact us at info@bigcloudy.com