Legal / Policies

Terms of Service (TOS)

This document outlines the Terms of Service (ToS) governing your use of all NoFrillsCloud services. The ToS is divided into four sections: Section 1 outlines general terms applicable to all services, Section 2 focuses on terms specific to our Shared Hosting products, Section 3 focuses on terms specific to our Managed Cloud Server products, and Section 4 focus on our Affiliate Program.

Section 1: General Terms

This section outlines the general terms and conditions that apply to your use of all NoFrillsCloud services. These terms cover important aspects such as acceptable use, billing policies, support restrictions, domain registration, intellectual property rights, and other legal considerations.

Acceptable Use

NoFrillsCloud services are intended for lawful and responsible use. This policy outlines prohibited activities to protect our systems, customers, and the broader internet community.

  • Illegal Content and Activities: Transmission, storage, or distribution of any material violating international, federal, state, or local laws is strictly prohibited. This includes, but is not limited to:
    • Child pornography
    • Copyright infringement (software, media, etc.)
    • Trafficking of illegal substances or goods
  • Network Abuse: Activities disrupting our network or the networks of others are prohibited. This includes:
    • Hacking or denial-of-service (DoS) attacks
    • Unauthorized port scanning or vulnerability probing
    • Crypto mining
    • Operating proxy websites
  • Warez: Using NoFrillsCloud services to store, transmit, or link to pirated software (“Warez”) is strictly forbidden.
  • Spam: Unsolicited Commercial Email (UCE), or Spam, is forbidden. We reserve the right to charge a Spam Cleanup Fee of up to $500 USD as needed.
  • Mailing Lists:
    • Mailing lists must use a double opt-in system with clear opt-out instructions.
    • Large mailing lists should utilize third-party mailing platforms unless explicit permission has been granted.
    • Disruptive mailings may result in account termination.
  • Unacceptable Content: Any account found to be involved in the storage or distribution of child pornography will be terminated immediately, and the relevant authorities will be notified. This includes cases of unintentional involvement or compromised accounts.
  • Pornography: Storage or transmission of adult pornography is prohibited, with the exception of softcore erotic art that has prior written permission from NoFrillsCloud.
  • Client Conduct: Abuse or disrespectful behavior toward NoFrillsCloud staff will not be tolerated. Such conduct may result in immediate account suspension or termination.
  • Consequences: Violation of this Acceptable Use Policy may result in:
    • Immediate account suspension or termination
    • Financial penalties (the amount determined by NoFrillsCloud)
    • Reporting to legal authorities
  • Acceptable Use Policy (AUP): Our comprehensive Acceptable Use Policy provides further details on prohibited activities.
  • Customer Responsibility: You are responsible for ensuring your use of NoFrillsCloud services, and the use by any authorized or unauthorized users of your account, complies with this policy and our AUP.

Payment Policies

  • Prepayment: All accounts require prepayment for services.
  • Credit Period: NoFrillsCloud offers a 5-day no-interest credit period for payment resolution. We reserve the right to reduce this period at our discretion.
  • Late Fees: Unpaid invoices may incur a late fee after the due date. NoFrillsCloud may impose late fees at any time after an invoice is overdue.
  • Service Suspension and Termination:
    • NoFrillsCloud may suspend services if invoices remain unpaid after the due date.
    • If invoices remain unpaid and no arrangements are made, NoFrillsCloud reserves the right to suspend or terminate any or all services associated with:
      • The account in question.
      • Other accounts owned by the same client.
      • Accounts determined to be associated with the client.
  • Backups (Post-Suspension): NoFrillsCloud will not provide account backups after suspension unless the outstanding balance is paid in full before deletion.
  • Reactivation Fees: Suspended services may incur a reactivation fee.
  • Debt Collection: NoFrillsCloud may pursue outstanding fees through legal means, including collections agencies and reporting of delinquent accounts to credit reporting companies or agencies.

Promotions

  • Promotional Offers: NoFrillsCloud may offer promotions from time to time. These promotions may include discounts, free trials, or other benefits.
  • Limitations:
    • Only one promotion may be applied per order or paying account.
    • NoFrillsCloud reserves the right to restrict the use of promotions to specific products or services.
    • Customers cannot create multiple accounts to take advantage of promotions. Attempts to misuse promotions may result in account suspension or termination.
  • Modifications: NoFrillsCloud reserves the right to refuse, revoke, or modify promotions with or without notice.

Chargebacks and Payment Disputes

  • What is a Chargeback? A chargeback occurs when a credit card holder disputes a transaction with their issuing bank. This can result in a reversal of the charges.
  • Consequences: Services associated with chargebacks or payment disputes may be suspended or terminated.
  • Fees: Chargebacks or payment disputes may incur a fee of up to $500 USD at NoFrillsCloud’s discretion.
  • Reporting: NoFrillsCloud may report chargebacks or payment disputes as fraudulent activity to law enforcement, credit reporting agencies, and other relevant bodies.
  • Debt Collection: As mentioned previously, NoFrillsCloud may pursue outstanding fees through legal means, including collections agencies and credit reporting.

Upgrade and Downgrade

  • Upgrades: When you upgrade, you’ll be charged the pro-rated difference between your existing and upgraded service plans.
  • Downgrades: When you downgrade, the pro-rated difference between your existing and downgraded service plans will be credited to your NoFrillsCloud account. You can use this credit towards future services or invoices. Account credits cannot be withdrawn as cash.
  • Processing: Upgrades and downgrades may require manual processing. You might continue to be charged your existing rate until the change is complete.

Refunds and Cancellation

  • Cancellation: To cancel services, please use the “Request Cancellation” option within your NoFrillsCloud Client Portal. Cancellations made outside this process might not be effective, and you may continue to incur charges.
  • Non-Payment and Charges: Non-payment does not constitute cancellation. Accounts with outstanding balances will continue to accrue charges, even if services are suspended. You remain liable for these charges even after service termination.
  • Immediate Cancellation: If you request immediate cancellation, you may be eligible for a pro-rated credit for the unused service period. Please contact our Customer Service department to initiate this process.
  • Credit Restrictions:
    • Pro-rated credits are calculated after deducting any promotions or discounts applied.
    • Terms of Service (ToS) violations result in the forfeiture of all account credits, including existing balances.
  • Exclusions: Domains, SSL certificates, IP addresses, Email Filtering, Website Backup, Website Security, SEO Tools, custom quotes, and other additional services are not eligible for pro-rated credits.
  • Processing Time: Please allow up to 30 days for credits to be processed and applied to your account.

Domain Registration

  • Reseller Status: NoFrillsCloud is an authorized reseller of domain names through ICANN-accredited registrars. Domain registration and management are governed by the rules and policies of ICANN and the relevant domain registries.
  • Customer Responsibilities: By registering or renewing a domain name through NoFrillsCloud, you agree to comply with the terms and conditions set forth by ICANN and the applicable registries. These may include restrictions on the types of content associated with your domain or specific renewal procedures.
  • Registration Delays: While domain registration typically occurs immediately, there may be technical delays. If the domain you wish to register is taken during this delay, NoFrillsCloud will issue a refund for the domain registration fee.
  • Renewal Delays: Domain renewal also typically occurs immediately, but technical delays are possible. NoFrillsCloud is not liable for any downtime or issues arising from delays in the renewal process. We will work diligently to renew your domain as quickly as possible.
  • Expired Domains:
    • Downtime and Redirection: If your domain expires due to non-renewal, your website will experience downtime, and the domain may be redirected to a parking page that may contain advertisements.
    • DNS Propagation: Upon renewal of an expired domain, there might be a delay of up to 72 hours before your website is accessible again. This delay is due to DNS propagation.
    • Redemption Period: If you do not renew your domain in a timely manner after expiry, it may enter a “Redemption Period” imposed by the registry. During this period, restoring your domain will incur significantly higher fees, and there’s a risk of the domain being auctioned off. Redemption periods vary based on the Top-Level Domain (TLD).
    • Domain Release: Domains not renewed after the redemption period will be released back into the general pool and become available for registration by anyone.
  • Domain Transfers:
    • Fees and Renewal: Most TLDs require a fee to transfer a domain from another registrar. This fee typically extends the domain’s registration by one year.
    • Inward Transfers: Inward domain transfers (bringing domains to NoFrillsCloud) usually take 5 to 7 working days, but may be faster if your current registrar allows immediate approval.
    • Outward Transfers: Outward domain transfers (moving domains away from NoFrillsCloud) cannot be immediately approved by us and generally have a processing time of 7 to 10 working days.
    • Restrictions:
      • ICANN prohibits transferring a domain within 60 days of registration, renewal, or a previous transfer.
      • Domains in “locked” status must be unlocked by the current registrar before transfer.
      • Outward domain transfers may be denied under specific circumstances, such as:
        • Evidence of fraud.
        • Disputes over the identity of the transfer’s authorizing party.
        • Unpaid balances for a previous registration period (including chargebacks).
  • ID Protection/WHOIS Privacy: NoFrillsCloud offers ID Protection (WHOIS Privacy) for supported TLDs at no extra charge. While this shields your contact information from public view, we are obligated to share accurate details with registrars and registries. You may need to temporarily disable ID Protection to initiate an outward domain transfer.

Support Restrictions

  • Third-Party Support Limitations: NoFrillsCloud provides limited support for third-party scripts, codes, plugins, and themes (including those found in Softaculous, WordPress Manager, WordPress Toolkit, etc.). While we may provide “best-effort” assistance, we cannot guarantee resolutions for issues arising from these third-party elements.
  • Scope of Support: Our primary support focus is on the systems and services we directly provide. We are not obligated to provide in-depth training on the use of third-party software.
  • Domain Name and DNS Support: While we strive to assist with domain and DNS issues, please understand that these systems are complex and involve multiple parties. If the problem’s source is beyond our direct control, the responsibility for finding a solution may rest with you or the relevant third party. We will offer guidance whenever possible.

Data Access

While NoFrillsCloud respects your privacy, it may be necessary to access data stored on our servers for the following reasons:

  • Legal compliance
  • Security investigations
  • Troubleshooting or technical support
  • Protecting the integrity of NoFrillsCloud services

Reservation of Rights

NoFrillsCloud reserves the right to:

  • Deny service to anyone for any reason.
  • Phase out hosting plans or services at any time.
  • Adjust prices of all services, including hosting and domains, at any time. This applies to new and existing clients.

Intellectual Property Rights

  • Responsibility: You are responsible for ensuring your use of NoFrillsCloud services and any associated domain names does not violate the intellectual property rights of others. This includes copyright, trademarks, trade secrets, and other proprietary information.
  • Prohibited Activities: You must not use NoFrillsCloud services in any manner that infringes, violates, or misappropriates intellectual property rights.

Indemnification

You agree to defend, indemnify, and hold NoFrillsCloud harmless against any claims, liabilities, losses, costs, or damages (including reasonable attorney fees) arising from:

  • our services, products, or actions.
  • Any material you provide that infringes on the rights of others.
  • Copyright infringement.
  • Defective products sold to you by NoFrillsCloud.

Disclaimer of Liability

  • Comprehensive Disclaimer: NoFrillsCloud shall not be liable for any damages your business may suffer. This includes, but is not limited to:
    • Losses or damages arising from service interruptions, delays, or disruptions of any kind.
    • Data loss or corruption.
    • Financial losses, loss of profits, or business opportunities.
    • Any damages arising from the actions of third parties.
  • No Warranties: NoFrillsCloud makes no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Right to Revise: NoFrillsCloud reserves the right to modify its policies at any time.

Governing Law and Dispute Resolution

  • Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of Malaysia.
  • Dispute Resolution: All disputes arising from this agreement shall be resolved exclusively through litigation or arbitration in Malaysia.

Updates to ToS

NoFrillsCloud reserves the right to revise, amend, or modify this ToS, our AUP, and our other policies and agreements at any time and in any manner. We may provide notice of such changes through our website or customer communications.


Section 2: Shared Hosting Specific Terms

This section provides additional terms and conditions that apply specifically to our shared hosting products. These terms focus on resource usage, storage and backup, uptime guarantee, money back guarantee, and other aspects relevant to shared hosting environments.

Applicability

The terms outlined in this section apply specifically to the following NoFrillsCloud shared hosting products:

  • Hypercharged Cloud Hosting
  • Cloud Reseller Hosting
  • Managed WordPress Cloud
  • Legacy Reseller Hosting
  • Legacy Web Hosting

Shared Hosting Resource Usage

  • Understanding Resource Limits: Your hosting plan comes with flexible resource limits (CPU, RAM, Disk I/O, IOPS, etc.) designed for short usage bursts. Sustained high usage, even within these limits, can negatively impact the shared server environment and other users.
  • Account Restrictions: To ensure a stable shared hosting environment, NoFrillsCloud reserves the right to restrict or disable accounts demonstrating excessive resource usage. If you anticipate a need for consistently high resource use, please contact us to discuss upgrading your account.
  • Specific Restrictions:
    • CPU-Intensive Scripts: Scripts consuming excessive CPU time may be reprioritized, or you may be asked to modify or discontinue them. Continued use of such scripts without modification may be considered server abuse.
    • Background Processes: Background processes require prior arrangement and approval from NoFrillsCloud. Unauthorized background processes constitute server abuse.
    • Compiling: Access to the compiler software can be granted upon request and arrangement. NoFrillsCloud reserves the right to examine compiled code. Compiling without prior arrangement and approval is considered server abuse.
  • Inodes: An inode represents each file or folder on your account. While there’s no fixed inode limit, an extremely high number of files can impact server performance, stability and availability. We reserve the right to address accounts with excessive inode usage.

Storage and Backup

Intended Use: Our shared hosting services are designed primarily for website operation. They are not intended for the following purposes:

  • File uploading/sharing platforms
  • Media storage or distribution
  • General archiving or backup storage
  • Storage of unrelated files (PDFs, ZIPs, videos, music, etc.)
  • Storage of copyrighted material without ownership rights

Discretion: NoFrillsCloud reserves the right to remove accounts violating this policy and to determine what constitutes a violation.

Customer Responsibility:

  • You retain ownership and responsibility for the content you upload.
  • You are strongly encouraged to maintain your own independent backups.

Shared Hosting Backups:

  • NoFrillsCloud performs backups for internal and disaster recovery use. These backups are available for self-service restoration by customers.
  • NoFrillsCloud does not guarantee the integrity or reliability of these backups.
  • Backup frequency and retention for accounts larger than 5 GB may be reduced at our discretion.
  • Accounts larger than 10 GB may be excluded from our backup systems.
  • NoFrillsCloud automatically removes certain backup files from the server to optimize storage space. These include:
    • cPanel backup files
    • Softaculous backup files
    • Backup files in the .tar.gz format (including backup-.tar.gz and cpmove-.tar.gz)
    • Any other backup files larger than 1 GB and older than 3 days
  • We strongly recommend that you download these backups to a separate location for your own safekeeping.

100% Uptime Guarantee (SLA)

  • Guarantee: NoFrillsCloud guarantees 100% server uptime for shared hosting customers.
  • Eligible Downtime: If you experience physical downtime exceeding 1 hour, you may be eligible for compensation.
  • Compensation: Compensation is calculated as 10 times the actual downtime duration. The maximum compensation is limited to your monthly recurring charge.
  • Claim Procedure: To claim compensation, open a ticket with Customer Service within 72 hours of the downtime incident.
  • Exclusions: The uptime guarantee does not apply to:
    • Scheduled maintenance (network, hardware, software)
    • Malicious attacks
    • Legal actions affecting services
  • Monitoring: NoFrillsCloud determines uptime based on its internal monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime for SLA claims.

Anytime Money Back Guarantee

  • First 30 Days: New accounts canceled within the first 30 days are eligible for a full refund of hosting fees (excluding payment processing fees and additional service charges).
  • Pro-Rated Credits: Accounts canceled after the first 30 days may receive a pro-rated credit for the unused period. This credit is calculated after deducting any discounts or promotions applied. Account credits cannot be withdrawn as cash.
  • Exclusions: The following fees are non-refundable:
    • Fees for any additional services
    • Domain registration, SSL certificates, IP addresses, Email Filtering, Website Backup, Website Security, SEO tools, custom quotes
  • Terms of Service: Violations of our Terms of Service void the money-back guarantee.
  • One-Time Use: The money-back guarantee can be utilized only once per customer.
  • Processing Time: Please allow up to 30 days for refunds or credits to be processed.

Reseller Responsibility

  • Definition: A reseller is a customer with WebHostManager (WHM) access, enabling the creation of multiple cPanel accounts.
  • Full Liability: As a reseller, you are fully liable for all actions, both your own and those of any subaccounts under your control. This includes Terms of Service (ToS) violations, whether known or unknown.
  • Content Responsibility: You are responsible for the content residing within the subaccounts you create. In the event of abuse or security breaches within those accounts, you will be held accountable.
  • Active Monitoring: Resellers must actively monitor their own accounts and subaccounts for compliance with NoFrillsCloud policies and ToS.
  • Legal and Financial Responsibility: The legal and financial consequences arising from subaccount activity are solely your responsibility as the reseller. NoFrillsCloud reserves the right to impose financial charges for any contract violations stemming from subaccounts under your control.

Section 3: Managed Cloud Server Specific Terms

This section provides additional terms and conditions that apply specifically to our Managed Cloud Server products. These terms focus on money back guarantee, server control and content responsibility, backup, licensing, and other aspects relevant to the cloud server environments.

Applicability

The terms outlined in this section apply specifically to the NoFrillsCloud Managed Cloud Server product.

14 Days Money Back Guarantee

  • First 14 Days: New cloud servers canceled within the first 14 days are eligible for a full refund of hosting fees (excluding payment processing fees and additional service charges).
  • Pro-Rated Credits: Accounts canceled after the first 14 days may receive a pro-rated credit for the unused period. This credit is calculated after deducting any discounts or promotions applied. Account credits cannot be withdrawn as cash.
  • Exclusions: The following fees are non-refundable:
    • Fees for any additional services
    • Domain registration, SSL certificates, IP addresses, Email Filtering, Website Backup, Website Security, SEO tools, custom quotes
  • Terms of Service: Violations of our Terms of Service void the money-back guarantee.
  • One-Time Use: The money-back guarantee can be utilized only once per customer.
  • Processing Time: Please allow up to 30 days for refunds or credits to be processed.

Server Control and Content Responsibility

  • We deploy and manage servers and IP addresses within our accounts with cloud providers. This ensures security and effective management. For this reason, we do not provide root access, and servers and their associated IP addresses cannot be migrated to a different account with or without our involvement.
  • You retain full ownership and responsibility for the content uploaded to your server. Ensure this content complies with all applicable laws, regulations, and our Terms of Service.

Server Backup

  • NoFrillsCloud performs backups for internal and disaster recovery use. These backups are available for self-service restoration by customers.
  • NoFrillsCloud does not guarantee the integrity or reliability of these backups.
  • You are strongly encouraged to maintain your own independent backups.
  • Backup frequency and retention may be reduced at our discretion.

Software Licensing

  • As a partner of LiteSpeed Technologies Inc., we are authorized to resell LiteSpeed Enterprise licenses.
  • Any LiteSpeed Enterprise licenses purchased together with your Managed Cloud Server are deployed and managed through our partner account with LiteSpeed Technologies Inc. This streamlines license management and ensures proper license allocation.
  • We do not share the license keys directly with customers.
  • Customers are not permitted to use their own LiteSpeed Enterprise license keys with servers deployed through our service.

Reseller Responsibility

  • Definition: A reseller is a customer with the Reseller & Branding Suite enabled.
  • Full Liability: As a reseller, you are fully liable for all actions, both your own and those of any subaccounts under your control. This includes Terms of Service (ToS) violations, whether known or unknown.
  • Content Responsibility: You are responsible for the content residing within the subaccounts you create. In the event of abuse or security breaches within those accounts, you will be held accountable.
  • Active Monitoring: Resellers must actively monitor their own accounts and subaccounts for compliance with NoFrillsCloud policies and ToS.
  • Legal and Financial Responsibility: The legal and financial consequences arising from subaccount activity are solely your responsibility as the reseller. NoFrillsCloud reserves the right to impose financial charges for any contract violations stemming from subaccounts under your control.

Cloud Provider Terms of Service

Our Managed Cloud Servers are deployed through our partnerships with various Cloud providers. It’s essential that you adhere to their individual Terms of Service:


Section 4: Affiliate Program

Eligibility

The NoFrillsCloud Affiliate Program is open to all existing clients of NoFrillsCloud.

How it Works

  • We’ll provide you with a unique affiliate link for tracking referrals.
  • Referrals are tracked via cookies with a 90-day lifespan.

Commission

Earn 10% recurring commission on successful referrals of eligible products:

  • Hypercharged Cloud Hosting
  • Cloud Reseller Hosting
  • Managed WordPress Cloud
  • Cloud Dedicated Hosting
  • Managed Cloud Server

Commissions are added to your Commissions Balance 30 days after the initial purchase.

Payouts

  • Withdraw your commissions as credit to your NoFrillsCloud Client Portal account when your balance reaches a minimum of $50 USD.
  • Account credits can be used to pay invoices or purchase new services.
  • Account credits cannot be redeemed for cash.

Promotion Guidelines

  • Referrals: Share your affiliate link with customers, friends, family, and through your own online channels (websites, blogs, social media).
  • Keywords: Contact us for assistance in selecting effective keywords for your ad campaigns.
  • Restrictions:
    • Do not refer yourself or attempt to manipulate the program.
    • Do not create websites or accounts impersonating NoFrillsCloud.
    • Do not use our brand name as keywords in advertisements.
    • Do not operate promo code websites.

Reservation of Rights

  • NoFrillsCloud reserves the right to modify or terminate the Affiliate Program at any time.
  • This includes the right to change commission rates, payout conditions, eligible products, or any other aspect of the program.
  • We will use reasonable efforts to provide notice of any changes to the Affiliate Program through email or by posting on the NoFrillsCloud website.
  • However, you are also responsible for periodically reviewing the Affiliate Program Terms to stay up-to-date on any modifications.
  • Your continued participation in the program constitutes your acceptance of any such changes.