Terms and Conditions

To become the authorized member of CloudNexus, you consent to comply with the terms and conditions stated in this terms of service agreement. Before signing up or utilizing the CloudNexus service, please read this agreement thoroughly.

You acknowledge that you have read, understood, and agree to the terms and conditions of this Agreement by registering for CloudNexus.

Note- Any individual or business that buys, accesses, or utilizes CloudNexus’s services is bound by these terms as a condition of such usage. ("Customer" or "You"). When utilizing our Services on behalf of an entity, group, or organization, the customer indicates, warrants, and acknowledges that (a) the customer has full power and authority to enter into and perform under these Terms, or (b) the customer is permitted to accept these Terms.

The terms and conditions related to our services are listed below.

Customer Agreement

The terms and services employ every service provided to you by CloudNexus over the renewal or entire term. Every user should accept all terms and conditions declared before signing up for any service plans mentioned on CloudNexus. You should agree to ustilize third-party services that are licensed and legally appropriate in contact with your use of our services. Although Cloudnexus holds the right to eliminate or decline a user’s access to any service provider, anytime when CloudNexus assumes that the account was used inappropriately.

Content

• CloudNexus holds up the right to decline services and/ or permits to its servers to any user. The services given by us should be used legally only. storage, transmission, or presentation of any data or material in offense of any valid law or regulation is restricted.
• The practices listed below are intended to give you examples of practices and contents that are certainly restricted.
• Topsites, pyramid or Ponzi schemes, bank debentures/ bank debenture trading programs, prime banks programs, forex, e-gold, bots, mail bombers, spam bots, port scanners, mail harvesting scripts, banner rotator, chat rooms, using disk space as secondary storage, anonymous or bulk messages gateways, file dumps, malware, phishing material, lottery, pirated software distributions, high yield investment programs, escrow, adult thumbnail galleries/ banner exchanges, broadcasting or streaming of live copyrighted events. Although sites that promote illegal practices or connect to other sites that promote illegal activities
• Sites that advocate for or promote prostitution, escort services, or human trafficking in any way, shape, or form, as determined in CloudNexus.
• Any website that is found to host child pornography, link to child pornography or contain exploitative content will be suspended immediately and without prior notice.
• Adult materials: This category has all pornography, erotica, and other explicit material. CloudNexus alone has the authority to define what is “adult material”.
• Linking to other websites that promote audio, video, and high-resolution images or embedding or uploading such content on one’s own website.
• Copyrighted works, commercial audio, video, music files, and any content that violates laws or is deemed misleading are all considered illegal materials.
• Warez: This term refers to pirated software, ROMS, emulators, hacking, password cracking, IP spoofing, and encryption of any of the aforementioned items, among other things. Any websites that offer “links to” or “how to” information about such content are also included.
• Games: We sternly forbid hosting any sort of game on our services. If we discover anything related to gaming in your hosting account, we will immediately terminate your hosting account.
• IRC Hosts: IRC hosts are individuals who provide hosting services for IRC servers that are a part of, connected to, or run on IRC networks. Servers or virtual hosting accounts that are discovered to be a part of these networks or connecting to them will be immediately and, without warning, removed from our network. The server would not be allowed to reconnect to the network until all evidence of the IRC server is so that we can verify the removal of all content. A server’s account will be terminated immediately if they commit a second offense.

CloudNexus reserves the right to flag any other writing or content as “prohibited” if found indecent, rude, hateful, and generally unacceptable.

Go through AUP(Acceptable Use Policy) for the complete details on restricted content and activities.

In compliance with the DMCA act, CloudNexus has adopted procedures for parties who believe that a hosted site or service infringes their copyrights. All copyright complaints must be submitted to customer support.

Abuse of Resources

• It is strictly forbidden to make any attempts at compromise or actual compromise of a network device owned by CloudNexus or any other business, person, or other entity. Port scanning, IP range scanning, and vulnerability scanning are also included in the offense. The service may be promptly canceled after a full investigation of all infractions and/or suspected violations.
• Any attempts to launch a denial of service (DOS attack) against CloudNexus are strictly forbidden. All violations and/or suspected violations may be thoroughly investigated, and the service may be terminated immediately.
• It is highly prohibited to host any source code, software, or other materials that could be used to carry out criminal acts. This includes but is not limited to software exploits, exploit source code, hacking guides, hacking tools, viruses, Trojan horses, and tutorials for creating bombs and other similar devices.
• All actual or suspected violations will be thoroughly investigated, and the service may be terminated immediately. There are strict rules against hosting content that violates any copyright, trademark, or service mark. This also applies to the downloading, hosting, and sharing of “Warez” content, such as pirated music, movies, software, ringtones, and other media. Any genuine complaint that is received will be looked into, and it’s possible that the service will be stopped.
• The hosting of private, scandalous, or slanderous information about a person without that person’s consent, as well as the purposeful infliction of emotional distress and the infringement of trademarks, copyrights, and other intellectual property rights.
• Attempting to damage or undermine any of our servers is strictly forbidden. The use of our client's accounts is not our responsibility. Any account that misuses resources and no steps are taken to stop the behavior requires immediate deactivation without a refund.
• We reserve the right to impose new conditions on any website that we decide is using excessive CPU cycles or other resources that burden other websites ( i.e, upgrade). Although we promise a 99.95% uptime, we can’t fully guarantee it because we also perform updates and upgrades as part of our maintenance.
• Any client who shows disrespect to a member of the CloudNexus staff in any way will be immediately terminated from our services without any compensation.

Unsolicited commercial e-mail/Unsolicited bulk-e-mail (SPAM)

• It is absolutely banned to use our service to send any unsolicited bulk or commercial e-mail. Penalties for violating this SPAM policy will be served.
• We will start a thorough investigation upon receiving notice of an alleged violation. As part of this investigation, we may limit customer access to the network to stop further violations.
• If a customer is discovered to have broken our rules, we reserve the right to restrict, suspend, or cancel the offending hosting account at our sole discretion. Furthermore, we reserve the right to seek civil remedies to recover any expenses incurred in the course of looking into a substantiated policy violation. If the violation is thorough to be a criminal offense, we will let law enforcement know.
• Anybody who uses our service to host sites or services that support spammers or results in any of our IP space being listed in any of the different spam databases will have their account(s) immediately suspended and will be charged an administrative fee of $250.00.
• If you don’t agree to remove all traces of the prohibited content right away after reconnecting, the account won’t be unfrozen. If you violate this policy for the first time, you will receive a warning, and your account will be investigated for potential immediate termination. Your account could be immediately terminated after a second infraction, and there will be $500 in administrative fees. Serious offenses may lead to the account(s) being immediately and permanently. Deleted from our network without giving the customer prior notice.
• We have a strict policy that forbids the use of our services to publish messages or advertisements that go against the guidelines or bylaws of any newsgroup or mailing list. Commercial messages that comply with a newsgroup's or mailing list's policies or that the receivers specifically request are acceptable.
• We also ban hosting publicly useable “open-relay” SMTP or anonymous remailer services for any purpose or cause.

Bandwidth

If the customer's account is more than the bandwidth limit, we will let the customer know. Suppose the customer is not willing to buy extra bandwidth or updates his account and continues to increase their limit. In that case, the account shall be suspended until the customer takes measures to make sure the limit would not be more than the limit or when the account is updated, whichever is earlier. The next month, the account would be reactivated.

VPS Rules

We generally suggest a control panel to control and run the VPS. All customers who have ordinary VPS would have to set up the DNS, user accounts, mail accounts, and other such activities pertaining to the arrangement of such VPS themselves. The support staff does not have responsibility for it.

Commercial Advertising- EMAIL(SPAM)/ UNSOLICITED COMMERCIAL EMAIL (UCE)

• Spamming, sending unsolicited emails from our servers, or using email addresses that are managed by us is STRICTLY forbidden and will qualify your website for quick deactivation without any refund.
• To ensure that our servers perform the best, we have set limits on the count of outgoing emails that can be sent/domain/hour. The defined number here is the maximum limit of the highest plan of that service; if you select a lower plan, the count of outgoing emails limit may vary.
• We don’t make any promise that Inbox email delivery with any of our hosting plans.

Backup Policy

• All services are used at the user's own risk. You agree to back up all of your User Content so that you can open and use it when required. CloudNexus does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all your User Content.
• As a CloudNexus User, you agree that in no case can CloudNexus be held responsible for the loss of data in any situation.
• We routinely back up databases with a retention period of one week for clients who have paid for backup service with shared and reseller hosting plans. The backup of websites is taken every week with a retention period of 1 day. Any backup copy managed by CloudNexus will not have any emails or media files.
• Clients using the cPanel Backup Manager tool for backups should download and remove the backup from the server. Every sunday, all the backup files are deleted without any notification. You are not permitted to use the hosting space to store backups.

Domain Payments

• Domain Registration: When the domain is registered, there is no refund.
• Domain Infringement: You can’t register a domain that is the same as a trademarked domain/ a domain exactly the same as a brand and is involved in a business dealing with similar products and services. Any person attempting to register such a domain will be held suitable for infringement of the trademark.
• Domain Renewal: Reminders are sent to you so you can renew your domain before the expiry. We are not responsible if there is any delay or failure in the renewable domain. Once you are done with renewing the domain, you will not be given any refund.

Unlimited Hosting

• The term “Unlimited” refers to unlimited website plans, disc space, and bandwidth. This means that, as long as your personal or small business website complies with this Agreement, we won’t restrict the bandwidth, websites, or disc space you can use for regular website operation. Suppose the stability, uptime of our servers, speed, data storage, networking, or other infrastructure is threatened by your service usage or content. In that case, you might be compelled to upgrade a VPS, or we might take measures to reduce the resources your website is utilizing.
• CloudNexus has complicated mechanisms to safeguard its hosting systems and subscribers from any type of offense. CloudNexus' “unlimited” hosting contribution isn’t just for a few hosting recipients to adversely affect the journey of other hosting recipients. Additionally, CloundNexus service has been offering a shared hosting service, which indicates that many hosting recipients' sites are hosted from a similar service as well as share server resources. CloudNexus service is planned to understand the standard needs of medium or small-sized brands over the globe. Although it is not designed to support the constant demands of large companies or non-standard applications that can be perfectly suited to a dedicated or a VPS server. CloudNexus will make every economically impartial effort to give extra resources to subscribers who use their site constantly with these terms, along with moving users to the latest and greater shared servers as required. However, CloudNexus adds automatic protectors to defend against any site that may grow swiftly and adversely affect the system unless CloudNexus can analyze the requirement of said website's resources. And this is to assure all the subscribers of quality and consistent experience.
• Unlimited hosting space; excessive Database for SQL- CloudNexus does not add any particular restrictions on the number of disk space a hoisting user can make use of their sites, nor does it charge any extra charges based on a large amount of storage used, given the hosting recipient’s use of storage united with these terms. Additionally, something to remember is that the CloudNexus service has been intended to host websites. This service does not offer unlimited hosting for videos, online storage, images, games, audio, executable files, installers, backups, or archiving of documents, electronic files, log files, indexer or web spider, torrent, IRC, file sharing, testing environment, peer-to-peer practice, etc., as well as any similarly prohibited utilization of the services can result in the ending of hosting recipient's account, either with notice or without notice.
  • Unlimited File Transfer- As long as the hosting subscriber's use of the Services complies with these Terms, CloudNexus does not place any restrictions on the volume of visitor traffic that a website may receive or the amount of content that a hosting subscriber may upload to his/her/its website in a given month.

Uptime Guarantee

• The uptime guarantee will not be affected by any service interruptions or outages brought on by planned maintenance performed by CloudNexus or our network providers.
• CloudNexus is not responsible for the unavailability of third-party services.
• CloudNexus will not be responsible for failure or any delay in fulfilling the obligations if such failure or delay is brought on by events beyond its reasonable control, such as war, fire, flood, strike, acts of any governmental body, labor disturbance, delay in transportation, delay in telecommunications, unavailability, or failure of third-party software.

Account Security and Company Systems

• You must take precautions to prevent others from gaining unauthorized access to your account since you’re responsible for any misuse of your account. Additionally, you are not permitted to attempt to gain unauthorized access to another network or server by using your account to compromise the security of another account.
• Your account can be accessed using your password. You are in charge of keeping your password safe.
• We do not recommend sharing your password and account access with any unauthorized person. It will be your responsibility to take care of your account access. If not, you'll be liable for any losses.
• It is strictly forbidden to attempt to discover another user's account password; doing so will result in service termination.
• You must take appropriate security precautions to prevent or reduce unauthorized use of your account.
• Regardless of the installation method, it is your responsibility to ensure that all programs and scripts installed under your hosting account are safe and that directory permissions are configured appropriately.
• Any attempt to interfere with a user, host, or network service is prohibited. ("denial of service attacks"). This involves attempting to intentionally overwhelm a service, "flood" a network, or "crash" a host, among other things.
• Any account found connecting to a third party's network or system without that third party's permission is subject to suspension.
• If a compromised account is discovered, it may be disabled or deleted. We reserve the right to keep your account disabled if you don't fix your account after receiving a notification from us that there's a problem. We will clear up your account at your request and additional cost.
• Without prior warning and in accordance with applicable data center policies, local law, or for technical or other reasons, we reserve the right to move your account from one data center to another.

Billing Policy

• If you are using a credit card and you are in the flagged mode, we need to do verification of the customer and need ID proof. Once the verification process is done, your account will be created and free to access. We accept crypto, perfect money, cheques, and PayPal or net banking.
• Only initial signups are eligible for the 30-day money-back guarantee. Sign-ups for the second time and beyond are not qualified for the same. For instance, you won't be entitled to a refund if you already had an account with us, canceled it, and then signed up again or if you've already had two accounts with us.
• Clients of CloudNexus will be instantly affected by any changes made by the software license business to the pricing structure or policy.
• Domain registration, transfer, and renewal fees, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, purchased Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365, and any other purchased licenses are not eligible for refunds.
• Every hosting platform has its limitations. The GUI is not supported on OpenVZ VPSs; therefore, changing BIOS settings or upgrading the kernel are not options. On KVM Cloud instances, you can upgrade the kernel, but you cannot modify the BIOS settings. In such situations, you will not be eligible for a refund.
• Taxes of any sort, setup fees, refund processing fees, postage fees, payment processing fees of any kind, and bank fees are not covered by the refund. (s). No refunds will be given if the web hosting account was used in violation of our terms of service, unlawful activity, or excessive system resource usage after 30 days or outside the scope of our refund policy.

Cancellation Process

• If you ever want to stop using our services, you can submit a cancellation request in your client area. Prior to doing that, you must pay off all outstanding debts. (if any).
• You are in charge of backing up all of your data before submitting the cancellation request. All of your data on our system will be erased as soon as you submit the cancellation request and cannot be recovered or restored.
• You have the opinion to request cancellation immediately or after your subscription time has ended. You won’t have access to your hosting plan or service if you choose rapid cancellation.

Taxes

Any taxes or other fees that must be paid in connection with or related to purchases made from the customer or CloudNexus Web Hosting's server are not the responsibility of CloudNexus. The customer consents to bear full responsibility for any taxes and fees of any kind related to the supplied goods.

Additionally, Taxes are not included in the price listed on the website. Please go to the Cost Calculator of each plan to view the pricing, including taxes. Once you add things to your cart, the final invoice will include the amount, including taxes. The taxable sum is not transferable.

CloudNexus Invoice Disputes

For any information regarding the cost of your hosting account, you must contact our customer support team via support@cloudnexus.com.my.

Account Suspension and Termination

Your account with CloudNexus will be terminated due to the following reasons:

• You don’t want to continue- At any point in time, if you want to discontinue our services and want to place a cancellation request with us, your hosting account will be terminated within 48 hours of your request.
  You Violate our Terms and Conditions- During the use of CloudNexus services, if we find you violate our terms and conditions, we will take a minute to suspend or terminate your account.
• Your account is expired- If you do not recharge your subscription with CloudNexus within 48 hours of the expiration date, we will instantly suspend your account.
• You fraud with us- As soon as an order is placed, our anti-fraud system starts watching it. In such a case, we would manually conduct the verification process. If, throughout this process, we request specific information and it is not provided, the account will be promptly suspended and terminated.

Compensation

Customer agrees to defend, indemnify, save harmless, and hold CloudNexus harmless from any and all conditions, liabilities, losses, expenses, and claims that may arise or result from any service offered, rendered, or agreed to be rendered, or any product sold by CloudNexus’s customers, agents, employees, or assigns. This includes reasonable attorney fees.

By using any items offered or distributed in conjunction with CloudNexus services, the customer agrees to defend, indemnify, and hold CloudNexus harmless from all liability arising out of: Any harm to persons or property caused by such products:

• Any electronic files provided by a customer (or a customer's customer) and lost
• Any products that are sold to a consumer from CloudNexus services that are faulty and/or violate copyright

Price Change

Occasionally, our service fees may fluctuate in accordance with the pricing of our vendors. We are accredited partners of numerous domain and license registrars. We shall be compelled to raise our service prices to compensate our costs if their pricing structure changes in any way. You must periodically review your billing details to prevent any unexpected charges.

404 Error Page

When you try to access an empty URL, it will lead to our 404-page error. You hereby consent to and permit the Company to place a default 404 error page if you do not create a 404 page. Advertisements and other details about the business and its services may be found on this 404 error page. We, as a business, reserve the right to deduct and gather all revenue resulting from these adverts.

Change of Terms of Conditions/Services

These terms of services/conditions are subject to change at any time by CloudNexus with immediate effect. The TOS may be modified without prior notice to you and with immediate effect in cases where the modification is mandated by law, relates to the addition of a new service, the addition of new functionality to the existing Service(s), or involves any other change that neither reduces your rights nor increases your responsibilities.

No explanation or clarification of the Terms offered by the Parties shall have the authority to alter the terms of these TOS.

Governing Law

Without taking into account its rules on conflict of laws, the laws of Malaysia shall govern the Terms and the handling of any complaints.