The TOU and any other agreement for The Cloud Rack will be governed by and construed in accordance with the laws of the State of Punjab, India without reference to its conflicts of laws principles.
The Cloud Rack servers and other infrastructure should be used for lawful purposes only. Storage, or distribution of any data, information or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is strictly prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing The Cloud Rack services, all The Cloud Rack customers certify that they and/or the organization they represent in acquiring services from The Cloud Rack are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a ‘suspected terrorist’ as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.
The following are the list examples of items that are not allowed to be hosted in any account;
Proxy, Bots, Spam Bots, IP Scanners, Port Scanners, Brute Force Scripts, Mail Harvesting Scripts, Top Sites, Chat Rooms
Money Pyramid Schemes, Ponzi Schemes, FOREX, E-Gold
Escrow, Sales of illegal pharma, drugs, explosives
Using disk space as Secondary Storage, Banner Rotators and File Dumps,
Fraud sites as listed in but not limited to aa419.org etc.
Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal Downloads, Pirated Software Distributions
Streaming of live copyrighted events
Adult materials – Including all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of The Cloud Rack.
The customer is solely responsible for security of any software/scripts installed in their account. The customer should maintain proper permissions to all folders and files in your website. Also, the responsibility to keep passwords and other login credentials safe lies solely with customer. We advise you to use strong password and keep changing them at least once in a month.
If a customer’s server is reported to be involved in an attack on another server or system, it will be shut down with immediate effect and an investigation will be launched to determine the cause/source of the attack. In such event, the customer is liable for the cost procured to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
The shared hosting accounts can be used solely for web hosting. Such accounts cannot be used for backup for storing data, software distribution, storing large pdf files, high resolution images etc. Content not used for a website cannot be stored in its space. Only regular content such as html pages, scripts, images related to website, database can be hosted in a shared space. The storage of Audio / Video and high resolution images is not permitted for shared accounts.
Any violation found or reported to any of the above clauses will lead to account suspension or termination with or without notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, irrespective of whether or not it overloads a server and/or disrupts service to The Cloud Rack customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a The Cloud Rack server, and selling or distributing software (on a web site residing on a The Cloud Rack server) that assists spamming. Violators will have to pay a minimum fine of Rs.10000 and will be suspended with immediate effect. The Cloud Rack reserves sole right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Sites that are advertised using SPAM cannot be hosted in our servers.
The following are the general mailing policy set for The Cloud Rack servers;
Maximum of 500 emails can be sent per hour. If this limit is exceeded, you will get a bounce back message. If you receive such errors, please try sending after
Number of times you check to the mail server via POP3 / IMAP is restricted to 30. If you exceed this, you will get a failed login error. Connecting to mail server once in 10 min is ideal.
Catch all or default mail id must be set to fail. This is done to avoid stacking of unnecessary spam mails in the server which would results in large number of inode creation in the file system. This ultimately leads to disk failure.
3. System and Network Abuse
The system violations or network security abuse are strictly prohibited. It may result in criminal and civil liability. The probable cases of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
4. Viruses and Other Destructive Activities
It is not permitted to use The Cloud Rack services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for flooding, pinging or mail bombing, or engaging in denial of service attacks. All customers are also prohibited from engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use The Cloud Rack services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
5. Resource Usage
Email Disk Usage
Stacking large number of emails increases inodes and leads to file system corruption. It also hinders various server level processes from functioning at normal load. Hence all mails has to be downloaded from the server then and there. The hosting accounts cannot be used as email storage space. The sites that tend to use more email storage than this limit has to be upgraded to next available accounts such as corporate or semi dedicated account based on the usage. The failure to upgrade the account will result in suspension or termination of that particular website. Customer accounts such as personal, small biz and accounts under resellers can use disk space up to maximum of 500 MB including emails, website files, database etc.
Disk Space Usage
The customer accounts such as personal, small biz and accounts under resellers can use maximum disk space of 500 MB. Only files required for running of the website such as html,php etc can be hosted. The zip archives, downloads, videos, audio files and other software or warez downloads are strictly prohibited. The hosting space cannot be used for data storage or backup dumping. It cannot be used for file sharing, spam software downloads, software key downloads etc. Sites that use higher than this space limit has to be upgraded to next available accounts such as corporate or semi dedicated account based on the usage. Failing to upgrade the account will lead to suspension or termination of that particular website.
If any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers), we reserve the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. The customers may be offered an option whereby The Cloud Rack continues hosting the website for an additional fee or upgrade to a higher account. The Cloud Rack will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be suspended / terminated without prior notice.
The following are the list examples of activities that are not allowed to be hosted in any account;
Scripts running bots, spiders, port scanners, mail blasters
Peer to Peer sharing, File sharing
Gaming servers, IRC relays
Calling include files as a URL rather than as a local file
Running bit torrent applications, trackers
A user may not exceed 20 % of total CPU usage for more than 100 seconds. Usually the reasons for such a spike in usage are poorly written php,cgi, perl or other scripts. If cron jobs are run, it must be scheduled at minimum of 15 min once and not less than that. Running MySql queries for more than 15 seconds is not allowed.
Sites that attract DDOS attacks or automated attacks cannot be hosted in any of the accounts. If found to violate such a term, the account will be immediately suspended / terminated without prior notice. The customer / reseller has to immediately change the name servers out of our servers.
6. InodesInode count in a particular account shall not exceed 75000. A single inode represents a file in your website (Including image, files, emails etc). The frequent creation and deletion of inodes is also prohibited. Most of the cases inode generation is too high due to default or catch all mail ids. It is better to keep them as :fail: which will avoid mails getting stacked up in the server thus increasing inodes creation.
7. Back Up
The Cloud Rack is in NO way responsible, for the management and backup of all your and your customer data, and all upgrades, updates, emails and patches to any software that customers use in connection with our services. You agree that you are solely responsible for maintaining back up of your website files, emails, database, etc at your end.
General Backup Policy
This general backup policy is applicable only for customers and resellers who have purchased backup plans exclusively. It is not applicable for customers who have not purchased backup plans exclusively.
The Cloud Rack backups run once in a week and the previous week’s backup will be overwritten. The backup is mirrored to a secondary drive, which is done automatically.
The Cloud Rack does not verify or test whether individual items such as mail, database, website contents of a particular website is backed up completely or not.
The responsibility for backup of such items lie solely with website administration.We are not responsible for any incomplete backup of an account owing to instance but not limited to crashed mysql tables, disk usage of an account is more than 5 GB, too many files in email accounts etc.
The Cloud Rack will not be responsible for loss of backup caused by virus infections, disk errors etc.
The Cloud Rack does not backup dedicated servers, cloud servers, windows shared / reseller hosting accounts. The responsibility of maintaining backup of mails, files, databases etc lies solely with customers.
8. Bandwidth Usage
The bandwidth usage per site should not exceed more than 5000 MB Bandwidth per Month in shared small biz, individual accounts under reseller account. Each account is allotted with certain bandwidth limit on monthly basis. In case an account should exceed the allowed limit, The Cloud Rack reserves the right to keep it suspended till the next bandwidth calculation period starts. Customer may be presented with options to upgrade to a higher account and / or purchase additional bandwidth. The Cloud Rack also reserves the right to terminate the account and charge you for the excess usage in your account.
9. Database Usage
Running queries that takes longer than 15 seconds are prohibited.
Mysql databases can be managed using php my admin available in the hosting control panels. Remote accessing of MySql database using local applications or programs is prohibited.
MS Sql database can be managed using web based control panel. Remote accessing of Mssql database is allowed only for static ip provided by the customer. Dynamic Ips cannot be allowed access to remote MSSQL database.
The number of static ip allowed to access remote sql is maximum 2. Remote sql access is allowed only through MSSQL studio and cannot be used by another local application. Accounts that are found to be abusing this term will be suspended or terminated immediately.
MSSQL access via programs is allowed only for IPs within our network. Programs cannot access databases outside our network.
To avoid MSSQL database abuse, creation of sql database in windows based control panels is disabled. You can create a ticket for creating databases in your members’ area which receives top priority and get it created. You can also request to create multiple databases at a time.
Database space is included along with the hosting account space. But to make sure that no single database monopolizes database server resource, any single database cannot be more than 150 Mb in space in shared / reseller hosting accounts. Sites that have databases which exceed such a limit will be offered with higher level package where in they can upgrade and keep using it. The customer has to either upgrade the account or cut down the usage in database.
10. Payments, Billing & Pricing
You must always maintain a positive credit balance in your account. You can find list of payment options at www.thecloudrack.com/paymentoptions
Please note that The Cloud Rack offers various payment options for ease of payment to the customer. Transaction fees, service charges of such payment options are separate and must be added to your total account fee separately and paid in total. Once you make the payment, you must inform The Cloud Rack by creating a ticket in the members area with full details such as To which of our account payment was made, Mode of payment, Amount paid, Service for which the amount is paid, Date of payment and other payment details such as Bank, Branch, Account number details. If you do not have access to the members area, you may create a ticket at https://enquiry.thecloudrack.com . If no such intimation is provided, account setup or renewal or other account related functions cannot be completed. We will take 48 hrs – 72 working hrs to verify and execute an order. Usually it takes only few min, but in rare cases we may have to verify fraudulent payments and hence 48 hrs – 72 working hrs will be the time taken to verify and execute an order.
The customer is solely responsible for informing The Cloud Rack about the payment & other details and make sure that a domain or account is renewed. Domains/ Accounts have to be renewed at least 30 days before expiry so as to prevent last minute glitches, act of god, issues at registry’s end etc.
It is the responsibility of the customer to make sure that correct and working email id is in listed with The Cloud Rack. The Cloud Rack will send all email alerts regarding renewals, registration, transfers and offers to the listed email. It is the responsibility of the customer to login to the members area and respective control panels to keep track of their account status.
All account fee must be paid in advance in full before the actual term. The Cloud Rack will charge 15% of the account fee or Rs.250, whichever is higher as a late fee.
The Cloud Rack will add credits to an account only when the payment is fully reflected in The Cloud Rack bank accounts. Part payments will not be added to an account. If transaction or processing fee is not added with the amount paid, we will only add the exact amount after deducting such a processing fee. Returned checks will attract Rs.500 towards check returning charges and admin charges. Once a check is returned, the customer will have to make all further payments as Cash/Bank Account Transfer to our accounts and no other mode of payment will be accepted. Outstation checks will attract Rs.100 as collection charges.
No payment has to be sent to us directly. All payments must be paid directly to our Bank Accounts available in www.thecloudrack.com/paymentoptions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Accounts that are not renewed on time will be suspended / terminated immediately.
The Cloud Rack only adds domain credits to a reseller / customer account. We will not register / renew / transfer any domain name / hosting. It is the sole responsibility of the customer / reseller to register / renew / transfer domain name / hosting.
Billing/Price Changes/Discounts & Coupons
The Cloud Rack policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle except in exceptional cases such as volatility in FOREX and other factors which are not in The Cloud Rack hands. We reserve the right to change pricing, resources, features of plans that are displayed in our websites or partner websites.
Discounts / Coupons offers are one time only and are not applicable during the renewal of the account. Discounts / Coupons are for first time customers only and the same customer cannot avail other offers for the same account / domain on a later date. If found in violation of these terms, the discount or offer will cancelled and additional invoices will be added to your account.
11. Cancellations & Refunds
Hosting plan will automatically expire unless a plan is renewed. In order to cancel service, you must contact The Cloud Rack Billing Team by creating ticket in the members’ area with proper payment details and account details. Cancellation requests must be received by The Cloud Rack a minimum of thirty (30) days prior to the end of your Billing Cycle. The Cloud Rack will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact The Cloud Rack as soon as possible.
We have no provision for refund for Mini, Nano / Economy Packages, Special Promotional Packages, Monthly Billed Packages, Discounted Packages or Coupons
We have no provision for refund for package that was cancelled during the FREE period. (For example, in our two plus one package, the service for last year is free, so the refund can’t be processed during or for that year.)
We have no provision for refunds if the account fee is not paid Full in advance before the account is setup
We have no provision for refund if a refund is requested after 90 days from the date of order of the account
We have no provision for refund if an account has violated the terms of service or involved in activities that has resulted in incurring charges to bring back services to normal
We have no provision for refund if an account was involved in abuse / resource over usage previously
Domain Credits purchased cannot be refunded
Only first time accounts are eligible for refund. Accounts created by the same customer / related to the same customer will not be eligible for refund
Dedicated Servers and Cloud Servers are not eligible for any refunds.
The request for refund has to be provided in writing by generating a ticket in the members’ area.
Only requests that doesn’t quality for any of the above mentioned conditions will be taken under consideration. The maximum of fifty percent of the account fee that is paid in full advance before account setup can be refunded.
The Software Costs, Administration Costs, Setup Fee (including both levied and waived off) and any other third party cost will not be refunded. The refund process will take ninety days from the date of acceptance of refund ticket by The Cloud Rack.Refunds are credited as hosting credits or domain credits only. It will not be paid as cash or check / bank transfer or deposit.
12. Reseller / Customer ResponsibilityResellers are responsible for servicing their clients. The Cloud Rack does not provide service to a Reseller’s Client. If a client contacts us directly, we may put the account on hold till the reseller assumes service to that client. Reseller is responsible for his client’s accounts and must make sure that it is secure and updated with out vulnerabilities such as old / outdate scripts, wrong folder permissions etc. Reseller is solely responsible for content stored and transmitted thro the accounts hosted under him.
Customers are required to use the The Cloud Rack network responsibly, which includes respecting the other customers of The Cloud Rack. We reserve the right to suspend and/or cancel service with any customer who uses the The Cloud Rack network in such a way that adversely affects other The Cloud Rack customers.
While The Cloud Rack may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, we do not monitor our customers’ communications or activities to check whether they are in compliance with the TOU. However, when we come across any violation of the TOU or other user agreements, we may take any action to stop or correct such violation, including, but not limited to, denying access to The Cloud Rack services and equipment or to the Internet.
In addition, we may take action against a customer or a customer of such customer because of the activities of such customer. The Cloud Rack makes assumption that customers who offer Internet services will cooperate with us in any corrective or preventive action that we deem necessary in case of any violation. Failure to cooperate with such corrective or preventive measures is a violation of our policy and we reserve right to take any such action even though such action may affect other customers of the The Cloud Rack customer.
The Cloud Rack and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service.
We make no representations, warranties or guarantees whatsoever to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. By continuing to use our website and services, you agree that The Cloud Rack has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any The Cloud Rack Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by The Cloud Rack. The Cloud Rack MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.Actions Taken by The Cloud Rack
The failure by a customer / reseller to meet or follow any of the TOU is grounds for account deactivation. The Cloud Rack will be the sole judge as to what constitutes a violation of the TOU. We reserve the right to remove any account without prior notice and to refuse service to anyone at any time. When we become aware of an alleged violation of its TOU, we will initiate an investigation.In course of investigation, The Cloud Rack may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, The Cloud Rack may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the relevant law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet.
The Cloud Rack does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by The Cloud Rack.
Our customers agree to protect, defend, hold harmless, and indemnify The Cloud Rack any third party entity related to The Cloud Rack (including, without limitation, third party vendors), and The Cloud Rack executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as The Cloud Rack from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of The Cloud Rack services.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for The Cloud Rack services, either in whole or in part, without the prior written consent of The Cloud Rack.
The The Cloud Rack service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We categorically disclaim any representation or warranty that our service will be error-free, secure or uninterrupted. No oral advice or written information given by The Cloud Rack its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The Cloud Rack and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
16. Force Majeure
The Cloud Rack will not be liable for delays in its performance of the TOU or The Cloud Rack services caused by circumstances beyond our reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively .Force Majeure.). We will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
17. Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between The Cloud Rack and its customers. Each of The Cloud Rack and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
18. Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Copyright 2017 © The Cloud Rack. All Rights Reserved.