Where the content states: “We” includes NoFrillsCloud or any party acting on NoFrillsCloud’s implicit instructions. “You”, “Client” or “Reseller” includes the person purchasing the services and/or any party acting on the customer’s instructions. “Member” includes the purchaser of services and/or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. NoFrillsCloud reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
By using any portion of NoFrillsCloud’s service, you are agreeing to this service agreement on this document entirely.
Use of Services
- Excessive CPU, RAM, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
- Excessive resource usage – cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by NoFrillsCloud at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. NoFrillsCloud reserves the right to terminate any process which it deems to be using excessive resource usage.
- Background processes – background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from NoFrillsCloud is server abuse.
- Compiling – User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
- Mailing Lists – NoFrillsCloud has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the NoFrillsCloud Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact NoFrillsCloud requesting permission to send the mailing through the NoFrillsCloud servers prior to sending any messages. Sending a large mailing through mailing list software other than NoFrillsCloud pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
- Mailing lists operated on NoFrillsCloud servers must be double opt-in with specific clear instructions in order to opt-out.
- Pornography – NoFrillsCloud prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through NoFrillsCloud servers.
- Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. NoFrillsCloud has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
- Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and NoFrillsCloud reserves the right of interpretation as to what constitutes abusive practices. In short – if you are unsure that your actions may be perceived as an abuse of service, contact NoFrillsCloud directly to check with us before proceeding.
- Ignorance of your actions and consequences does not exempt you from liability.
- NoFrillsCloud reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by NoFrillsCloud. The customer agrees to pay all financial penalties placed by NoFrillsCloud in full and within 30 days.
- Email abuse – Unsolicited Commercial Email [‘Spam’] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
- Trafficking of illegal content – in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a NoFrillsCloud servers.
- IRC sessions – Using NoFrillsCloud servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any NoFrillsCloud server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service – Network activity that constitutes an attack on any internet host from a NoFrillsCloud is grounds for immediate termination of likely prosecution.
- Selling for free – NoFrillsCloud prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- Proxy websites and such are prohibited.
- Any reselling of NoFrillsCloud services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
- Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. NoFrillsCloud reserves the right to refuse a promotion to a customer.
- NoFrillsCloud reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
- NoFrillsCloud reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
- NoFrillsCloud utilizes FraudRecord and FraudLabsPro to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord and FraudLabsPro for misbehaviour using one-way hashed information.
Storage Space and Backups
- NoFrillsCloud offers generous amount of storage space so you do not have to worry about your Disk Space usage and you can focus on building and operating your website.
- We are not a data or backup storage platform and we do not condone the use of your storage space with us for such purpose. A few examples of storage space use that we prohibit:-
- Operating a website which main purpose includes file upload & sharing, media upload & sharing, archiving, distributing, backup and/or mirroring.
- Storage of large amount of non-website files like PDF, ZIP, videos, images, music and various other files.
- Storage of contents or medias that are not related to your active website.
- Storage of copyrighted materials which you do not own.
- Any accounts which violate the above terms may, at our discretion, be removed from our servers. NoFrillsCloud has sole discretion to determine what does and does not constitute a violation of this policy.
- The customer retains full ownership of all data uploaded to NoFrillsCloud’s servers and will take full responsibility for the content.
- NoFrillsCloud backs up data for its own use and disaster recovery and the backup is made available to customers for self-service restore. The customer is encouraged to make their own backups. We do not make any guarantees on the integrity and reliability of the backups.
- Any account larger than 5 GB may, at our discretion, be subject to reduced backup frequency and retention with or without notice.
- Any account larger than 10 GB may, at our discretion, be subject to reduced backup frequency and retention or be excluded from our backup systems with or without notice.
- All cPanel backup files, Softaculous backup files, backup-*.tar.gz, cpmove-*.tar.gz and any other forms of backup files which are larger than 1 GB and/or older than 3 days will be removed from the server automatically and we suggest downloading said backups to an off-server location.
- The reseller customer is liable and responsible for all actions of their account and subaccounts created by the reseller customer. As the reseller customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.
- Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller account holder.
- Resellers customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.
- The reseller account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of NoFrillsCloud’s policies and Terms Of Service.
- The legal liability and legal responsibility of the subaccounts of the reseller belongs to the reseller customer.
- NoFrillsCloud reserves the right to financially charge the reseller customer for any contract violation.
- Resellers are responsible for ensuring that the domain they choose upon sign up is the domain they wish to use. If the reseller requests to have the domain name of the main reseller account changed, a $25.00 one-time admin fee is charged.
- NoFrillsCloud guarantees a 100% server uptime to hosting customers. If your server has a physical downtime of more than 1 hour, you can request for 10 times the actual amount of downtime. This means that if your server has a physical downtime of 1 hour, you will receive 10 hours of credit.
- Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal transaction/subscription ID. All requests after 72 hours of the downtime incident happening will be void.
- The amount of compensation may not exceed the customer’s monthly recurring charge.
- Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers customers.
- SLA Exclusions: Scheduled Network Maintenance, Hardware Maintenance, Software Maintenance, Malicious Attacks, Legal Actions
- NoFrillsCloud has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.
Payment and Bills
- All accounts are set-up on a pre-pay basis only.
- NoFrillsCloud provides a 5 days no interest credit period to the customer to allow resolution of any payment issues. NoFrillsCloud reserves the right to reduce the credit period time at its own discretion at anytime. NoFrillsCloud reserves the right to impose a late fee for unagreed late payments, depending on situations.
- NoFrillsCloud will suspend your account if outstanding bills have not been paid in within 5 days or less. NoFrillsCloud reserves the right to suspend the account anytime after the invoice is overdued.
- If outstanding bills owed to NoFrillsCloud have not been paid in full and no further credit arrangements have been made, NoFrillsCloud reserves the right to suspend or terminate all hosting accounts and deactivate all other services purchased through NoFrillsCloud until all owed amounts have been paid in full.
- After account suspension, NoFrillsCloud will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
- NoFrillsCloud reserves the right to impose a re-activation fee for accounts that have been suspended.
- NoFrillsCloud reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time.
Refunds & Cancellations
- You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain and reason for cancellation.
- If you do not cancel using the procedures set in the above, your account will not be canceled and will be subject to charges.
- Accounts canceled within the first 30 days from sign up are subject to a full refund for the hosting account only (less our payment processor fee and any additional fees).
- Accounts canceled after the first 30 days from sign up are eligible for a pro-rated credit being added to your NoFrillsCloud account.
- Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.
- Any free/paid additional services provided (if applicable) are deducted from the total refund amount of customers requesting a refund under our money back guarantee. They will not be refunded as part of the money back guarantee and thus considered as chargeable items.
- If you have violated our Terms of Service, the money back guarantee no longer applies to you.
- Cloud Enterprise Hosting, Cloud Dedicated Hosting, Managed Cloud Clusters, Domains, SSL certificates, IP addresses, custom quotes and any additional services ordered are not governed by our money back guarantee.
- You must allow up to 30 days for credit and refunds to be processed and applied to your account.
- NoFrillsCloud does not provide full support for 3rd party scripts including all scripts listed in Softaculous, Installatron, WHMCS and any other script unless explicitly stated (only basic support).
- If you open a ticket requesting support for a 3rd party script, your ticket will be answered in a “best effort” basis, which does not guarantee resolutions.
- The offer of any particular service does not constitute an obligation on NoFrillsCloud part to tutor the necessary skills to utilize that service, only to provide system-specific information.
- Problems with domain names/DNS issues are NOT directly the responsibility of NoFrillsCloud . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of NoFrillsCloud, then the task of acquiring a solution will fall back into your hands. NoFrillsCloud will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
- NoFrillsCloud reserves the right to refuse service to anyone. Customers may only use NoFrillsCloud server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of NoFrillsCloud management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in the United States of America, and any dispute will be litigated or arbitrated in the United States of America.
- CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NOFRILLSCLOUD HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST NOFRILLSCLOUD, 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 NOFRILLSCLOUD AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NOFRILLSCLOUD SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM NOFRILLSCLOUD SERVER.
- NOFRILLSCLOUD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NOFRILLSCLOUD MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NOFRILLSCLOUDg DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NOFRILLSCLOUD AND ITS EMPLOYEES. NOFRILLSCLOUD RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
- NOFRILLSCLOUD RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. NOFRILLSCLOUD RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
- ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF NOFRILLSCLOUD MUST ADHERE TO THE MENTIONED HERE POLICIES.
- FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Intellectual Property Rights
- Material accessible to you through NoFrillsCloud services may be subject to protection under the United States, United Kingdom, Canada or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use NoFrillsCloud or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the NoFrillsCloud network. If you use a domain name in connection with NoFrillsCloud or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
- NoFrillsCloud reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner without prior notice. All users of NoFrillsCloud, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates.