Clients will be held liable for all activities that occur on their accounts, regardless of who is the account holder or who else is involved. As a result of a security breach, the account holder is liable for any and all breaches of these Terms of Service (as they're referred to herein) and DealonCloud's Acceptable Use Policy ("AUP"), including SPAM, and all disconnect and reconnect costs connected with violations. There is no additional server security software enabled or hardened by DealonCloud. You and DealonCloud are bound by the terms and conditions set out below ("DealonCloud"). These Terms of Service apply to all services supplied by DealonCl to you.
In order to use the services, you have to agree to these terms of service, which include your agreement to transact with us electronically, your agreement to our AUP's information practises, and your agreement to have any dispute you may have with us, our suppliers, or the Services resolved in Haryana, India. Please be aware that we provide the Services "AS IS" and without any guarantees of any kind. You must stop using the Services if you disagree with these Terms of Service. Use of any Services following the effective date of the revisions indicates your acceptance of the revised terms. We urge you to check our Terms of Service on a frequent basis to ensure your compliance.
These terms of service apply to your interactions with us and our suppliers. We reserve the right to make changes to these Terms of Service at any time in our sole discretion. Changes that we believe will significantly affect your use of the Services will be communicated to you via email if we have your current email address and by submitting a notice on our website that these Terms of Service have been updated. If you do not agree with the changes to these Terms of Service, you should stop using the Services immediately. Use of any Services following the effective date of the revisions indicates your acceptance of the revised terms. We urge you to check our Terms of Service on a frequent basis to ensure your compliance.
Order Processing
One Photo ID Proof Needed for our legal verification while making an order to DealonCloud. The estimated delivery time is within 24 hours*.
DealonCloud's Responsibilities
DealonCloud agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. DealonCloud reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of DealonCloud.
Changes to Terms of Service and AUP
DealonCloud's Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of DealonCloud. A change in policy shall not be grounds for early contract termination or non-payment. The client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on the availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Non-Payment/Service Interruption
Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of DealonCloud. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. DealonCloud is not responsible for data integrity, regardless of circumstance. DealonCloud strongly recommends keeping up- to-date and off-network backups to protect against data loss.
Refunds/Charge-Backs
No Services rendered by DealonCloud are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to DealonCloud within thirty (30) days of the date at which the charge originally occurred. If a charge which is deemed valid by DealonCloud, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $200 in addition to the original amount of funds which were reclaimed.
Suspensions
In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25 will be applied to the account which must be paid within 15 days to avoid full account suspension. DealonCloud assumes no liability for the integrity of the data stored on a suspended server.
Cancellations
DealonCloud requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.
Official DealonCloud Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.
Fraud
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of DealonCloud. All information available to DealonCloud about the fraudulent account/service shall be submitted to both local authorities, as well as any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification
We provide the services "as is", "with all faults" and "as available." we and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a DealonCloud, Inc. representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the services at your own risk.
Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall our, our affiliates' and our suppliers' aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Support
DealonCloud provides hardware support related to each direct client's service functioning. DealonCloud does not offer software support of any kind. DealonCloud does not provide software support/troubleshooting for the software items chosen from the order form. DealonCloud only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. DealonCloud is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by DealonCloud or the client. DealonCloud may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system ("OS") reload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of DealonCloud and to a $50 fee. DealonCloud does not provide any type of support to the clients of our clients (third party clients). DealonCloud will only provide support directly to clients of DealonCloud.
Abuse/Spam/Bulk Email Policy
DealonCloud reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertized websites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically, no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklisting) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
DealonCloud reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, DealonCloud reserves the right to issue a fine of $200 and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:
At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
If Operating System reinstallation is not accepted as an option, DealonCloud may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
If a client wishes to dispute any abuse reports or any fine assessed in connection with abuse reports or blacklisting, the client must provide DealonCloud with an explanation via WHMCS's ticketing system within 10 days of the abuse ticket being opened.
DMCA Complaints
DealonCloud handles any and all Digital Millennium Copyright Act ("DMCA") complaints very seriously, and will thoroughly investigate each complaint received. DealonCloud reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
A ticket is opened as a warning, providing 48 hours to resolve the situation.
After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, DealonCloud Network reserves the right to assess a $25 fine.
After 72 hours with no resolution, services on the server in question will be suspended.
After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.
Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay 'Research Fees' not to exceed $50 per hour that DealonCloud personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
Bandwidth Usage/Overages
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty-five cents) over the allotted bandwidth on the service. DealonCloud reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. DealonCloud is not responsible for spikes in bandwidth that are caused on a client's service for any reason. The client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Payment Verification
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of DealonCloud. The identity verification measures may include the faxing of two forms of government-issued identification to DealonCloud, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
Publicity
DealonCloud keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. DealonCloud reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to the disclosure of their name.
All communications from DealonCloud and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Electronic Notifications
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of Haryana, India govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Haryana, India.
Please note that by agreeing to these terms of use, you are:
Waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
Irrevocably consenting to the exclusive jurisdiction of, and venue in Haryana, India over any disputes or claims you have with us relating to or arising out of the services, the service or the agreement.
Submitting yourself to the personal jurisdiction of courts located in Haryana(Delhi NCR), India for the purpose of resolving any such disputes or claims.
Recurring Payment Authorization Terms and Conditions
Credit Card/Debit Card/Net Banking and E-Sign Consent: By accepting these terms and conditions, you authorize DealonCloud, (“Service Provider”) to charge the credit card or debit the debit card account that you have specified in the payment plan setup process each month or as per billing cycle in the amount designated in the payment plan setup process.
You agree that the payment card specified by you for automatic monthly payments to the Service Provider is, and will continue to be an account that you own, and that you will maintain sufficient availability under your credit card limit or sufficient funds in the account linked to your debit card, net banking, as applicable, to pay your designated amount. The automatic monthly charge or as per billing cycle to your credit card or debit to your debit card account will occur on or after the due date specified by the Contract/In-Service plan setup process.
These terms and conditions will constitute your copy of your recurring payment authorization to DealonCloud. Please print and retain a copy of this recurring payment authorization for your records.
You can cancel your recurring payment authorization only by contacting the Service Provider by email or notifying the Service Provider in writing at the address on the Statement or as provided in the email. Your request to cancel your recurring payment authorization must be received by the Service Provider at least three business days before the designated due date for the month in which your request is made. If your cancellation request is submitted after this time, the cancellation will not take effect until the following billing cycle for your statement. If you cancel your recurring payment authorization, you will then be responsible for taking the appropriate action to pay your bill in full on or before the statement due date.
E-SIGN consent regarding recurring payment authorization
Scope of Consent. You acknowledge and agree that by accepting the above recurring payment terms and conditions (“Recurring Payment Terms”), you consent to receive a copy of your payment authorization for recurring monthly or as per respective billing cycle payments of your Service Provider statement in electronic form only instead of receiving a paper copy. This consent applies only to recurring payment authorizations as to which the Service Provider is required to provide you with a written copy under applicable law. No Withdrawal of Consent. The Service Provider cannot process your online recurring payment authorization unless you are willing to receive, in electronic form only, any copy of the Recurring Payment Terms that we are required to provide to you in writing under applicable law. Consequently, once you have accepted the Recurring Payment Terms, you cannot withdraw your consent to receive your copy of the Recurring Payment Terms in electronic form. However, you will still be able to cancel your recurring payment authorization in accordance with the Recurring Payment Terms. Paper Copy. If you wish to obtain a paper copy of your recurring payment authorization, you may do so by printing the Recurring Payment Terms yourself. In addition, your computer must have Internet connectivity. In order to retain an electronic copy of the Recurring Payment Terms, your personal computer will also need to have the capability to save and store the Recurring Payment Terms or you will need a working printer properly connected to your computer.