Terms Of Service

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with VisualCloudx, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. VisualCloudx is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via registered email or ticket. Providing false contact information of any kind may result in the termination of your account.

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a nominal migration fee. Transfers outside of the 30 day free period may also incur a nomianl charge; please contact a member of the sales department with specific details to receive a price quote.

All services provided by VisualCloudx may only be used for lawful purposes. The laws of the State of Arizona and The United States of America apply. If you are hosting in India, the laws of India also apply.

The customer agrees to indemnify and hold harmless VisualCloudx from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be charged an administrative fee and can result in termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support@visualcloudx.com with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, any backups, including cPanel Backups will be automatically deleted from our servers.

Examples of unacceptable material on all Shared and Reseller servers include:

  1. Topsites
  2. IRC Released Items
  3. Public Proxy Scripts/Anonymizers (Unless they are for your private use only)
  4. Pirated Software/Warez (Linking to pirated software is also not allowed, this includes sites such as MegaUpload, RapidShare, etc.)
  5. Public Image Hosting Scripts (Unless they are for your private use only)
  6. AutoSurf/PTC/PTS/PPC sites
  7. IP Scanners
  8. Bruteforce Programs/Scripts/Applications
  9. Mail Bombers/Spam Scripts
  10. Banner-Ad services (commercial banner ad rotation)
  11. File Dump/Mirror Scripts (similar to rapidshare)
  12. Commercial Audio Streaming (more than one or two streams)
  13. Escrow/Bank Debentures
  14. High-Yield Interest Programs (HYIP) or Related Sites
  15. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  16. Sale of any controlled substance without prior proof of appropriate permit(s)
  17. Prime Banks Programs
  18. Gambling/Casino Sites
  19. MUDs/RPGs/PBBGs
  20. Hacker focused sites/archives/programs
  21. Sites promoting illegal activities
  22. Forums and/or websites that distribute or link to warez/pirated/illegal content
  23. Bank Debentures/Bank Debenture Trading Programs
  24. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  25. Bulk Email Scripts
  26. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

VisualCloudx services, including all related equipment, networks and network devices are provided only for authorized customer use. VisualCloudx systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of VisualCloudx system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. VisualCloudx may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on VisualCloudx’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. VisualCloudx.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like VisualCloudx and many of VisualCloudx’s other web hosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, VisualCloudx should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under VisualCloudx’s web hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at support@VisualCloudx.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice in case of violation of our terms of service.

Violations will be reported to the Authorities.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Bulk email will only be allowed on our VPS platform and must abid by all US laws regarding spam, including the CAN-SPAM act.

VisualCloudx reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

VisualCloudx reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of VisualCloudx.

You agree to supply appropriate payment for the services received from VisualCloudx, in advance of the time period during which such services are provided. You agree that until and unless you notify VisualCloudx of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of VisualCloudx, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify VisualCloudx of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by VisualCloudx. VisualCloudx reserves the right to bill your credit card or billing information on file with us. VisualCloudx provides a 14 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 14 days and not paid will result in a $2.00/₹100 late fee and/or an account suspension until account balance has been paid in full. The $2.00/₹100 late fee is applied in addition to whatever else is owed to VisualCloudx for services rendered. Access to the account will not be restored until payment has been received. If the customer has multiple services, they risk having their other services suspended until all services are paid up to date.

Domain renewals are billed and renewed 7 days before the renew date. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Accounts that are 30 days past due will be automatically deleted from our servers. If you wish to restore an cancelled account or receive a backup of a suspended account, there will be a $25.00/₹1500 fee if there is a backup available. Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.

VisualCloudx reserves the right to change the monthly payment amount and any other charges at anytime. However price will remain unchanged for existing customers.

Any chargebacks against VisualCloudc will occur a $150/₹10K chargeback fee.

Your use of this service is at your sole risk. This service is provided to you as a courtesy. VisualCloudx is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VisualCloudx servers. You can generate your own backups via the cPanel interface. You will be charged a one time fee of ₹100/2$ if you want us to restore the backup for you.

VisualCloudx reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice in case of any violation.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.

Cancellations must be sent online through email or ticket.

VisualCloudx gives you a 30 day money back guarantee on linux, wordpress, ecommerce hosting and reseller solutions in case we are unable to deliver you promised quality.

There are no refunds on dedicated (VPS) servers, administrative fees, install fees for custom software/service, modification in website fees or domain name purchases.

Only first-time accounts are eligible for our money back guarantee. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

After the initial 30 days, no refunds will be issued.

Violations of the Terms of Service will waive the refund policy.

User may not:

  1. Use 15% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run any gaming servers such as Counter Strike, Half-Life, Battle Field, etc…
  8. Run cron entries with intervals of less than 15 minutes.
  9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

If your shared / reseller server has a physical downtime that is not within the 100% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of VisualCloudx dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@visualcloudx.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

Resellers are responsible for supporting their clients. VisualCloudx does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. VisualCloudx will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on VisualCloudx.com, and the right to increase the amount of resources given to plans at any time.

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

Customer agrees that it shall defend, indemnify, save and hold VisualCloudx harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against VisualCloudx, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VisualCloudx against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VisualCloudx; (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 customers from VisualCloudx’s server.

By using any VisualCloudx services, you agree to submit to binding arbitration. If any disputes or claims arise against VisualCloudx or its subsidiaries, such disputes will be handled by an arbitrator of VisualCloudx’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Arizona. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

VisualCloudx shall not be responsible for any damages your business may suffer. VisualCloudx makes no warranties of any kind, expressed or implied for services we provide. VisualCloudx disclaims any warranty or merchant-ability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by VisualCloudx and its employees.

VisualCloudx may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

VisualCloudx reserves the right to revise its policies at any time without notice.