Contents
These Terms of Service (“TOS”) are a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and CloudAngkor. (“CloudAngkor”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services (“End Users”).
A. It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. CloudAngkor will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
B. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
C. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
D. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
E. You have read and agree to the terms outlined in the CloudAngkor’s Policy.
F You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
G. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.
CloudAngkor provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by CloudAngkor is included as part of the “Services” we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.
i. We resell domain names. When you apply to register a domain name, your request is transmitted to eNom (www.eNom.com). By using our Domain Name Services, you agree to be bound by eNom’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: www.eNom.com/terms. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.
ii. It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain.
iii. CloudAngkor will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN's Transfer Policy requires a 60 days transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” CloudAngkor currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 days transfer lock. Any “Change of Registrant” as defined by ICANN's Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 days transfer lock are subject to change. The current parameters which trigger the 60 days lock include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here: https://www.enom.com/raa/, http://www.icann.org/en/resources/registrars/registrant-rights/educational, and http://www.icann.org/en/resources/registrars/registrant-rights/benefits
i. Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
ii. We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP address, we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.
iii. In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
i. For all VPS Hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the Unmanaged Services.
ii. If you utilize Managed or Unmanaged Hosting Service with Root Access, you acknowledge that you are solely responsible for any changes you make while using such access and CloudAngkor may not be able to correct any changes, recover data, or reverse any damage you do when using Root Access capabilities.
iii.Shared Web Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and removed after creation.
iv. For Shared Web Hosting accounts, backups older than thirty (30) days in a customer account may be removed from the server at our discretion.
v. For Shared Web Hosting and Reseller Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
vi. For our cPanel Shared Web Hosting and cPanel Reseller Hosting Services, our complimentary Server Rewind will provide complimentary backups of your data. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally. Reseller Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes per account and thirty-five (35) concurrent HTTP connections to the server and the limit is 1Gb of physical memory and 8Gb of virtual memory per cPanel account. Backups should be downloaded and stored remotely.
vii. Email Hosting enables a user to use specific Services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package.
viii. Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery.
CloudAngkor does not permit sending bulk mail directly from hosting accounts. However, if you want to send bulk mail for your web site, you can use a third-party service.
We limit you to sending to a mailing list up to 500 recipients and 500 emails an hour. At 250 emails per hour, we will start reviewing your account for spamming
A.Enrollment: You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to CloudAngkor that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
B.Account Information: You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
C.Account Security
i. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. CloudAngkor is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
ii. In addition, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
iii. You agree to give CloudAngkor permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
A. Term: We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services.
B. AUTOMATIC RENEWAL: The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”). If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:
i. Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found in your account; or
ii. Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to support@cloudangkor.com or contacting us through our customer portal at https://www.cloudangkor.com/contact.html
C. Termination: Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
1. Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We accept cancellations through our client portal or sending email to use. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.
2. Before cancelling, please contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our client portal.
ii. CloudAngkor Termination: We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of CloudAngkor’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.
iii. For Breach: You may terminate the Services upon the occurrence of a material breach by CloudAngkor, which has not been cured within ten (7) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.
D. Post Termination Access: If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar ($50) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of CloudAngkor’s network. CloudAngkor is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
A. Support Method: Customer can request support from us via live chat on Facebook Page for general query. In case, we can’t support you through live chat due to overload of customer requests or other conditions, we would suggest customer to open a ticket in customer portal to our support department. During the support time, we are not responsible for data lose for any reasons. Customer should backup their own data and store them locally before asking our support team to fix the problem.
B. Migration
• Migrations From Other Hosts: All migration-related work is included as a Service for purposes of our Policies. All complementary migrations require the user to provide cPanel account credentials for their previous hosting environment. Clients who migrate from non-cPanel hosting environments may incur a charge determined by the migration team and assessed based on the complexity of the migration.
• Other Migration Situations: Some clients have specific migration needs, depending on our migration workload, we may be able to accommodate those needs. In these cases, you may incur a charge determined by the migration team and assessed based on the complexity of the migration and your specific needs.
Purpose: This is CloudAngkor’s (“CloudAngkor”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions.
Availability: We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
Maintenance:Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. CloudAngkor will make a reasonable effort to advise CloudAngkor customers as far in advance as possible of any predicted extended outages.
A. Definitions: Three types of maintenance downtimes are defined:
i. "Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
ii. “Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
iii. “Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
iv. “Scheduled Downtime” includes (i) and (ii) above.
B. Intervals: The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
i. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
ii. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
iii. Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
C. Limitations: This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.
A. Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal and send email to us within thirty (30) days from the Effective Date and a refund will be issued.
B. If you cancel after thirty (30) days from the Effective Date, you will be issued a prorated refund, rounded up to the next full month of service. Refunds will be issued for only 6 months and one year payment or more.
C. All third-party fees, including domain registration fees, setup fees, SSL certificate and migration fees, are non-refundable, non-negotiable and excluded from our 30 Days Money Back Guarantee.
D. For free domain registration promotions (.com, .net and .org), the retail price of the domain will be deducted from any refund amount upon cancellation.
A. Notices relevant to customers will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
B. Please refer to our website, https://www.cloudangkor.com, for contact information for most issues, including technical support and billing.
CloudAngkor reserves the rights to change the term of service for any reasons without notification. The customer needs to check this document regularly for changes.
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