InCloudServe Ltd (“The Company”) agrees to furnish services to the Subscriber, subject to the following Terms of Service.

Use of InCloudServe Ltd Service constitutes acceptance and agreement to InCloudServe Ltd Terms of Service.

If you are looking for our Privacy Policy please follow this link.

These are the rules in short but please continue and read the rest of this page, if you have any questions please contact us before you sign up, we like to be clear to our customers and run smooth operations for all our customers.

Note

NO IRC’S, BNC’S, EGGDROPS, UNAUTHORIZED SHELL PROGRAMS, HYIP OR PROXY SITES, ILLEGAL OR BLATANTLY OFFENSIVE MATERIAL OR SPAMMING FROM A SITE OR SERVER. NO EXCEPTIONS AT ANY TIME FOR ANY REASON. CUSTOMERS WHO LOAD (PROOF OF USE OR PUBLIC DISPLAY NOT REQUIRED) THESE PROGRAMS OR MATERIALS ON ANY SERVER WILL BE TERMINATED WITHOUT RECOURSE.

Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

Use of company services constitutes acceptance and agreement to the company’s Terms of Service. All provisions of this contract are subject to the Terms of Service of InCloudServe Ltd. The TERMS OF SERVICE may be changed from time to time at the discretion of the Company. Subscriber understands that change to the Terms of Service by the Company shall not be grounds for early contract termination or non-payment.

INDEMNIFICATION POLICY

You agree to use all InCloudServe Ltd services and facilities at your own risk. InCloudServe Ltd specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall InCloudServe Ltd be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold InCloudServe Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against InCloudServe Ltd, its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless InCloudServe Ltd against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with InCloudServe Ltd’s server.

Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third-party Copyright infringement any defective products sold to customer from InCloudServe Ltd’s servers. InCloudServe Ltd shall be the sole judge of what violates this Policy.

We will follow up on NTD procedures (Notice and Takedown procedures); please use our system to create a ticket so we may assist you with your questions and/or complaints regarding a potential copyright issue.

REFUSAL OR DISCONTINUANCE OF SERVICE

The Company reserves the right to refuse, suspend or discontinue the Services at the company’s sole discretion and without liability. The company may deny you access to all or part of the Services without notice, and without liability, if you engage in any conduct or activities that the company, in its sole discretion, believes violates these terms of use, violates any Laws or puts the company at risk of any civil liability. The company shall have no responsibility to notify any third-party providers of services, merchandise or information of such refusal, suspension or discontinuance, nor shall it have any responsibility for any consequences resulting from such refusal, suspension or discontinuance or lack of notification.

SPAM POLICY / EMAIL POLICY

InCloudServe Ltd is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the InCloudServe Ltd network (also known as incloudserve.com), by customers or any other users of the InCloudServe Ltd network (including customer’s customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the InCloudServe Ltd servers. We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending an unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a InCloudServe Ltd email address or website URL is prohibited. The use of InCloudServe Ltd servers as a mail drop for responses to activities described above is also prohibited.

We do not provide IP addresses which are used for mail sending, no exceptions. If your site does need to mail out information to users this is not a problem, as long it is not spam, but you will not need to have a large amount of IP’s for this task. Any request for a server with multiple IP’s must provide us with a justification of IP address use. Any other use as where the justification is granted for may cause suspension of the network and/or server.

MAILING LIST POLICY

This policy is valid for ALL services (Shared, Reseller, and Cloud Servers) unless clearly stated otherwise.

  • Mailing lists must be double opt-in lists.
  • Messages must have clear removal instructions and valid headers.
  • Removal requests must be completed within 24 hours.
  • Messages must include details on how the user subscribed. These details must be able to be provided to InCloudServe Ltd on our request.
  • Excessive complaints may result in account suspension or termination.

CONTENT POLICY

All services provided by InCloudServe Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable United Kingdom law is prohibited, when located on a server in another country as the United Kingdom local laws apply. This includes, but is not limited to copyrighted material, trademark, intellectual property, the material we judge to be threatening or obscene, or material protected by trade secret and other statutes without proper authorization. The subscriber agrees to indemnify and hold harmless InCloudServe Ltd from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising are prohibited on all InCloudServe Ltd shared servers. This includes sites that may infer sexual content or links to adult content elsewhere. So Called Payday sites or other high affiliate websites are not allowed without specific permission from InCloudServe Ltd on our shared hosting environment. InCloudServe Ltd will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to InCloudServe Ltd servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Adult sites
  • MP3 Sites
  • Proxy Sites (see CGI Scripts Policy below)
  • Streaming sites (Shoutcast)

    Any illegal activity, including adult content, links to adult content websites (in our shared environment), spamming or hacking will result in your site being shut down and all your files deleted without warning. The same is also applicable for all resellers and any other sub accounts hosted under these reseller accounts. InCloudServe Ltd will be the sole arbiter as to what constitutes a violation of this provision.

    ACCOUNT INFORMATION AND SETUP

    We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for fraud. It is your responsibility to provide us with an email address which is not on the domain(s) you are signing up under as when accounts get suspended for any reason we would not be able to contact you. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.

    It is your responsibility to ensure the email address on file is current or up to date at all times as well as all other details like Address and if applicable your VAT id. Providing false contact information of any kind may result in the termination of your account and services or the rejection of your order. If you need assistance with changing some fields in our support portal please contact our support team and we gladly assist you with this.

    For Domain registration, your default mail address will be used unless you created different details for the domain registration; the email recorded here will be used by the registry in some cases to verify the email (i.e. with .com .net .org TLD’s) even if you have used the Anonymous service to hide your details in the whois we must verify if the email you provided is correct and active.

    CGI SCRIPTS POLICY

    Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish; however, we reserve the right to disable any CGI script that effects normal server operation or service to other InCloudServe Ltd customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. InCloudServe Ltd is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

    InCloudServe Ltd does not allow CGI proxies on Shared accounts. InCloudServe Ltd reserve the right to remove every CGI proxy script without notification for Shared accounts.

    Sites promoting proxies or linking to proxies are also not allowed on our Shared Servers.

    GAME / CLAN WEBSITES

    These sites are not allowed on our Shared, Reseller servers, if you want to run a Game or Clan Server you will need a dedicated server, also if you do not run the game on our servers and only want to host your website we have to enforce this policy. No exceptions.

    RESOURCE USAGE

    If our system administrators determine that a customer’s account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We try to contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients’ services. The Company is the sole arbiter as to what constitutes a violation of this provision. On servers with CloudLinux, much of this process is automated and you can see in your control panel how your resource usage looks like.

    To protect our customers’ resellers are not allowed to run a so-called free hosting business (charity websites are allowed though), this does attract a certain group of people and scripts which do use too many resources, we rather do not see these on our servers. If you believe you are an exception you may always contact sales and discuss your personal situation. This is not applicable for dedicated server owners.

    Unmetered Bandwidth falls under the Resource Usage; as long the usage does not affect other users and/or system performance you can use Unmetered bandwidth without to worry you ever go over the bandwidth usage in case of normal usage. Note that other resources are still limited.

    PROGRAMS

    We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. This does include but is not limited to cron jobs running every minute.

    SCRIPTS & APPLICATIONS AND THIRD PARTY SERVICES.

    You are fully responsible for the installation and operation of any, and all, scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any, and all, scripts and applications, not updating a vulnerable application may get your account suspended (or terminated in case of recurring problems due to outdated scripts). This is a policy we must strictly adhere to.

    FREE TRANSFER ASSISTANCE FOR CPANEL WEBSITES

    Free Transfer Assistance with moving your site from your previous Cpanel host to InCloudServe Ltd. Note that is offer is only valid when transferring all sites directly from your old cPanel host to us and if your old host did not cripple standard cPanel functionality.

    CRON JOB POLICY

    On our Shared environments, we do not allow cron jobs running every minute, a fair setting is one job per 15 minutes, if you need to run jobs more often (but not every minute) you may ask permission to do so from our support team, in some cases we may make an exception.

    CHAT POLICY

    InCloudServe Ltd does not allow chat rooms if that effects normal server operation or service to other InCloudServe Ltd Customers.

    IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any, and all, traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of violation will result in immediate account termination without refunds.

    DOMAIN REGISTRATION

    Our system does try to check if your domain is available, however, it needs to rely on the whois services provided by the TLD. This is not always accurate or there may be disruption of services between us and the whois services provided by the TLD. We cannot give any guarantee that your domain is available until AFTER the registration process. If we indeed cannot register the domain we will contact you for an alternative, and if needed refund the payments. Also for this service, we are not able to provide any guarantees as some TLD limit or do not allow to register some domain names.

    FREE DOMAIN REGISTRATION/TRANSFER

    A Free domain registration/transfer is available on all shared, and, reseller accounts when paid annually, biennially, or triennially, for the first year only, subsequent years you will be charged the current rate. free domain registration/transfer is not available on our monthly or semi-annual billing cycles.

    The free domain must be added at the same time as ordering your package. It cannot be added later.

    Only one domain will be registered free of charge per account.

    Minimum hosting term of 3 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time.

    If you cancel your hosting before the 3 month paid period we reserve the right to cancel or resell your domain.

    The offer applies to .com, .net, .biz, .co.uk, .org.uk and .me.uk domains only.

    BACKUPS

    Your use of the Services is at your sole risk. Service Provider is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Service Provider servers.

    Full system backups are made for shared and reseller hosting. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content and information. The Backup Manager is included in each hosting plan and you can use this tool to backup your files.

    Accounts with more 100,000 inodes will be automatically excluded from the system backups

    Large cache directories will be excluded from the backups. (i.e. think about wp-cache directories).

    MAILINGS

    Please inform our support desk if you plan to use any mailing lists in order to make sure your account is setup correctly. Failing to do so might interrupt your mailings.

    TICKETS AND TICKET SYSTEM

    The only correct way to ask for support is by doing this through our support system, please make sure you are as detailed as possible in your tickets so our technical support staff can assist you. Not providing all details in your ticket will automatically lower your support requests urgency to low, we will then need to ask for additional details and your ticket may be delayed.

    We will do what we can to assist you as fast as possible.

    Please keep all tickets clean and professional, we do not tolerate cursing/swearing in our tickets; after being warned you may face termination of your account and lose the right of refunds by continuous abuse of our staff.

    UPTIME GUARANTEE

    If your shared or reseller has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of InCloudServe Ltd depending on justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact us through https://www.incloudserve.com with justification. All requests must be made in writing via tickets within 7 days following the calendar month where the uptime guarantee was not met. Uptime guarantees only apply to shared and reseller and needed (published at https://www.incloudserve.com/serverstatus.php) maintenance on servers is excluded.

    PAYMENT POLICIES

    InCloudServe Ltd offers a 30 day, no questions asked money back guarantee for our hosting services (excluding all 3rd party services like scripts, SSL certificates, templates, domain names). After the end of the 30-day period, the following rules apply to all services. 30-day money back guarantee applied to new Customer only. Establishment of these services is dependent upon receipt by InCloudServe Ltd of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. The above applies to all accounts and services provided by InCloudServe Ltd.

    Recurring Payments:

    Recurring payment options are available by means of PayPal; special notice needs to be taken that you set up the recurring payment on the day, or just before, the invoice is due to avoid payment reminders and even in some rare occasions suspension of your account. As recurring payments are not handled by us but by 3rd party companies (Paypal), we are not able to make changes to your recurring payment setup, you will be responsible for setting this up and keeping those recurring payments up to date, no guarantees can be given on refunding recurring payments which have not been cancelled properly after the service is stopped.

    Services will be interrupted on accounts that reach 14 days past due (for any open invoice) this can include all services on the account which has the overdue invoices, Accounts that are not collectible by InCloudServe Ltd may be turned over to an external international collection agency for collection, all costs will be added to your open invoice including the already charged late fee. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

    If you dispute a charge to your credit card issuer that, in InCloudServe Ltd sole discretion is a valid charge under the provisions of the TERMS OF SERVICE, you agree to pay InCloudServe Ltd an “Administrative Fee” of GBP £50,00. If you desire to cancel your account, please follow the proper procedure to do this as outlined in these TERMS OF SERVICE.

    InCloudServe Ltd does not offer free web hosting unless a special coupon is used provided by InCloudServe Ltd and used within the validated period of the coupon.

    Please note that a refund will not cover any domain names ordered or came with the plan, they will be deducted from your refund at a rate accepted when you did order your domain even if this is for more as 1 year or if the domain was included as part of a hosting package.

    You will be notified by e-mail to the address you signed up with for services of success or failure of payments.

    Refunds will not be given to any order which violates these TERMS OF SERVICE.

    No refunds for any free account for any reason.

    ACCOUNT CANCELLATION

    Requests for cancelling accounts must be made via cancellation procedure in our clientarea; you MUST login to our clientarea and select the cancellation option located under the services list. If you select the cancel immediately option your data will be removed from the Company’s servers. Otherwise your data will be removed at the end of your current billing cycle. Failing to follow this procedure may cause the account or service not to be terminated and you will not have cancelled the account which can occur costs to you.

    FRAUD CHECKING

    Besides the fraud checking by our payment partners, InCloudServe Ltd utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In the case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.

    CONTACT INFORMATION

    InCloudServe Ltd
    132-134 Great Ancoats Street,
    Manchester,
    United Kingdom,
    M4 6DE

    Updates

    • Last update: 16 May 2017 : Posted finalized Terms of service.