Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and HiCloudy (“we,” “us,” or “our”) regarding your use of our web hosting services and website.

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

Services Description

HiCloudy provides Virtual Private Servers services including but not limited to:

• Windows RDP/VPS
• Linux Virtual Private Server (VPS)
• Technical support

Service specifications, features, and limitations are detailed in your specific vps plan and may be subject to change with notice.

Account Registration and Responsibilities

Account Creation

To use our services, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and up-to-date

Acceptable Use Policy

Prohibited Activities

You agree not to use our services for:

• Illegal activities or content that violates any applicable laws
• Sending spam, unsolicited emails, or phishing attempts
• Hosting malware, viruses, or malicious software
• Copyright infringement or intellectual property violations
• Adult content, gambling, or illegal substances
• Harassment, hate speech, or discriminatory content
• DDoS attacks or network disruption attempts
• Cryptocurrency mining without authorization
• Resource abuse or excessive server load
• Proxy servers or anonymization services (unless authorized)

Resource Usage

You must:

• Use resources within the limits of your hosting plan
• Not excessively consume CPU, memory, or bandwidth
• Optimize your website for efficient resource usage
• Upgrade your plan if your resource needs increase

Payment and Billing

Payment Terms

• All fees are payable in advance for the selected billing period
• Prices are subject to change with 30 days’ notice
• Promotional prices apply only to the initial term
• Renewal prices may differ from initial promotional rates
• Payment must be received before service activation

Automatic Renewal

Services automatically renew at the end of each billing cycle unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.

Late Payments

Failure to pay on time may result in service suspension or termination. Late fees may apply. We reserve the right to suspend services for non-payment after a grace period.

Service Level Agreement (SLA)

Uptime Guarantee

We guarantee 99.9% uptime for our vps services. If we fail to meet this guarantee, you may be eligible for service credits as outlined in our SLA policy. Downtime caused by scheduled maintenance, your actions, or circumstances beyond our control are excluded.

Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice when necessary to protect the integrity of our systems.

Support

We provide 24/7 technical support via email and ticketing system. Response times vary based on issue severity and your service plan. Support is provided for hosting-related issues only and does not include website development, coding assistance, or third-party software support.

Data and Backups

Your Responsibility

You are solely responsible for maintaining backups of your data. While we perform regular backups for disaster recovery purposes, these backups are for our internal use and are not guaranteed to be available to you.

Data Loss

We are not liable for any data loss. You should maintain regular, independent backups of all your data and content.

Termination and Cancellation

Cancellation by You

You may cancel your services at any time through your account dashboard. Cancellation must be submitted before your renewal date to avoid charges for the next billing period. No partial refunds are provided for unused portions of your billing period.

Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms of Service
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Abuse our resources or services
• Pose a security risk to our systems or other customers

Effect of Termination

Upon termination, your access to services will cease, and we may delete your data without liability. You are responsible for downloading your data before termination.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our services are provided “as is” without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not responsible for third-party services, software, or content
• We do not guarantee uninterrupted or error-free service

Indemnification

You agree to indemnify and hold harmless HiCloudy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or website

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through your account dashboard. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Governing Law and Disputes

These Terms are governed by the laws of Bangladesh. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in Dhaka, Bangladesh, or through the courts of Bangladesh.

General Provisions

Entire Agreement

These Terms, along with our Privacy Policy and any additional service-specific terms, constitute the entire agreement between you and HiCloudy.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.