Disk Space and Bandwidth
Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from Royal Clouds. Disk space usage and bandwidth usage are monitored by Royal Clouds and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees.
Jurisdiction and Jurisdictional Disputes, Legal Responsibilities
The parties expressly recognize that, where Royal Clouds is acting solely as Customer’s Host, Royal Clouds is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Royal Clouds is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Royal Clouds harmless, defend Royal Clouds exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over Royal Clouds).
Storage & Backups
Royal Clouds shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time Royal Clouds may need to preform maintenance on their services. Backups may be requested at any time if you have cPanel hosting, however Royal Clouds is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition Royal Clouds will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document.
Royal Clouds may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, Royal Clouds shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA. Invalid rDNS records may be removed in our own discretion.
Royal Clouds agrees that it shall maintain a minimum of 1Gbit/s connections to our servers. However, Royal Clouds does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guaranty a set internet speed to your server. We do recommend, however, that you take advantage of our “speed and ping” test, prior to placing your order with Royal Clouds. Your refund rights will be voided if you use more than 10% of your package’s bandwidth quota. Your service will be suspended if it receives and or sends any DDoS attack. Service activation or termination after the suspension will be in our sole discretion.
The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by Royal Clouds including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Royal Clouds harmless for any compromise of Customer’s security that resulted from their own actions, the actions of Royal Clouds or the actions of any third party.
Message and data encryption is possible on Royal Clouds, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds Royal Clouds harmless for any compromise of Customer’s encryption method. Royal Clouds respects the individual privacy of each user, however breaches in security and personal mistakes on the part of our employees do happen. You agree to indemnify and hold Royal Clouds harmless and blameless for any compromises of your personal, business, or private information in any form.
Refunds are available on our Shared hosting for 30 days, 7 days for VPS or Cloud servers there is no refund for our dedicated servers and any third party software, scripts like cPanel, Cloudlinux, Litespeed etc. if your account is suspended or terminated by violating our terms no refunds will be provided.
Limitation on Company Liability.
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any
- (i) weather conditions, natural disasters or other acts of God,
- (ii) action of any governmental or military authority,
- (iii) failure caused by telecommunication or other Internet provider, or
- (iv) other force or occurrence beyond its control.
No fees paid by the Customer to the Company, (Royal Clouds) shall be refundable after 30 days or if the purchases included: control panel license fees, IP addresses or general products which are not services. The current term of this Agreement.
COMPANY SHALL NOT BE LIABLE FOR
- (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR
- (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
TERMS AND CONDITIONS of Affilate program
If you are accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this Agreement:
* Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
* Promotion of sexually explicit, pornographic or obscene content (whether in text or graphics);
* Promotion of illegal activities;
* Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable;
* Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death;
* Promotion of any unlawful behavior or conduct;
* Auto-traffic generators or traffic exchanges; and
* Any other material deemed inappropriate or offensive by Royal Clouds.
5. AFFILIATE RESTRICTIONS
The following restrictions apply to all affiliates. If at any time these restrictions are not adhered to, this Agreement will be terminated, you will be removed from the affiliate program and any unpaid commissions will be canceled and will not be paid. It is to our discretion whether these terms were violated.
* Affiliates may not use their affiliate link for self-referring accounts used for their own personal use.
* Cookie stuffing will not be tolerated and result in the termination of the affiliate account.
* Use of browser extensions as a way to set affiliate IDs or refer affiliate traffic to any Royal Clouds sites.
* Affiliates cannot use traffic exchanges or incentive offers.
* Affiliates cannot earn commissions on their own purchases.
* It is to our discretion whether to allow affiliates into the program based on the content of their website who have "Royal Clouds", "ATWO" or any variation, misspelling or combination of words in the primary domain name of their site and/or social media websites where an Royal Clouds, Inc affiliate link resides.
* Affiliates may not format pages with affiliate links through to Royal CloudsHosting.com with iframes or any other disguising methods.
* Affiliates are prohibited in making a representation; either expressed or implied that visitors to your site are visiting the Royal Clouds site.
* Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.
* Affiliates may not promote Royal Clouds via a browser add on or toolbar.
* Affiliate may not engage in a relationship with ISPs and/or mobile carriers resulting in the delivery or act of address bar keyword and URL trafficking.
* Affiliates are prohibited from promoting Royal Clouds on sites where the primary function or value of the site is to distribute coupon/promotional codes.
* Affiliates may not promote exclusive offers that are negotiated through non affiliate channels.
* Affiliates may not promote to audiences that, at our discretion, are using our service as a trial, get quick schemes, test or only for a short term (which can include, but not limited to a classroom settings or encouraging signups up merely to receive an incentive). Affiliates using these tactics will be removed from the program and forfeit commissions. On a best effort basis, affiliates should deliver long term customers.
* Affiliate networks of any kind are prohibited from signing up for an affiliate account without explicit written permission from the affiliate manager.
* Teachers who run a course or class of any kind are prohibited from taking part in the affiliate program as a means of referring students to Royal Clouds.
* Agencies (web design, web development or any other website service vendor) may sign up on behalf of your customer though you must use your client's details during the checkout process and a payment method belonging to the customer (for example, the customer's card). You may not signup on behalf of a customer under your agency's client details nor pay for the invoice on your client's behalf.
You may not use the keywords coupons, discounts or similar terms in your search engine optimization, the title of the page or meta title without advanced permission, even if you have a custom code you are promoting. Whether an affiliate is classified as a coupon affiliate is the sole discretion of Royal Clouds's affiliate manager. Factors that could cause a site to be classified as a coupon site include coupon offerings especially from many different merchants and a focus on savings or deals rather than on the products and features of a merchant.
Affiliates ARE allowed to keyword bid. The only restrictions are on trademark terms relating to,
and including search terms that have "Royal Clouds". This is in addition to any and all other variations of our trademark including but not limited to, "Royal CloudsHosting". Affiliates in violation of our PPC rules may also be subject to account suspension or termination. Affiliates are required to add the following negative campaign keywords when keyword bidding:
Sales will be voided (and potentially chargeback) when these rules are violated. Other occasions when an affiliate sale will be voided include, but are not limited to:
* Canceled before 45 day approval period
* Test transactions (by affiliate or by Royal Clouds)
* Duplicate sales
6. ANTI-SPAM POLICY
We do not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this Agreement, you also agree to the following:
a) e-mails promoting Royal Clouds shall not contain or include a falsified sender domain name or falsified IP address;
b) e-mails promoting the Royal Clouds advertisements shall not be routed or relayed through servers that the sender does not have explicit authorization to use;
c) e-mails promoting the Royal Clouds advertisements shall not contain or include a false or misleading subject line that attempts to disguise or conceal the content of the e-mail;
d) all e-mails shall contain or include valid and responsive contact information of the sender, list manager or list owner; This includes your physical address.
e) no e-mails promoting Royal Clouds shall be sent for the purpose of harvesting the e-mail addresses in order to send future unsolicited e-mails;
f) all e-mails promoting Royal Clouds, Inc will be sent to individuals who have given you their Affirmative Consent as defined in Sec. 3.1 of the CAN-SPAM Act of 2003 (viewable at GPOAccess.gov) which by its reference is incorporated into this Agreement;
g) every e-mail promoting Royal Clouds advertisements shall contain a functioning return electronic mail address or other Internet-based mechanism clearly displayed that a recipient may use to submit in a manner specified in the message a reply electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages from you;
h) you shall process any and all opt-out requests within 5 business days, or less of the request;
i) unless otherwise directed by Royal Clouds in writing, you shall not use Royal Clouds, or it's represented advertisers names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Royal Clouds identifying information in the originating or return e-mail address line, header or subject line of any e-mail transmission and that all e-mail transmissions shall contain language in the body and both the "from" line as well as the "re:" line that clearly announces that the offer embedded in the e-mail is being sent by you for the benefit of your users; and
j) you agree and affirm to comply with all the rules and regulations set forth in the CAN-SPAM Act of 2003 as well as all obligations and provisions herein.
7. FTC BLOGGING GUIDELINES
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Royal Clouds's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and Royal Clouds must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that when there exists a connection between the endorser and the seller of the advertised product it is imperative that such connection is fully disclosed. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists [http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf]. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC's rules. We also reserve the right to terminate relationship with any non-compliant affiliates.
Royal Clouds does not express or imply any warranties or representations with respect to our affiliate program or an affiliate's potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Royal Clouds's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Royal Clouds and the good will associated therewith will inure to the sole benefit of Royal Clouds.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Royal Clouds'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Royal Clouds, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of your affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant or breach of this Agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," or should be understood as confidential under the circumstances, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Royal Clouds. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Agreement.
13.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan without regard to the conflicts of laws and principles thereof.
13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Failure by either Company (Royal Clouds) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Royal Clouds is not responsible for copyright infringements caused by what the Customer hosted on Royal Clouds servers. if any customer will violate the copyright terms the account will be suspended and no refund will be provided.
Pornographic material is not allowed to be hosted on our hosting services. if any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities.
Suspension and Termination.
Royal Clouds will suspend any Hosting Services after 7 days of non-payment. After 5 days of non-payment, Web Hosting will be terminated along with all data, IP addresses, and other information. Repeated failure to pay invoices with termination will lead to account termination and a refusal of service.
Note:- Terminated account won't be recovered as our system delete the data after termination
All the following services are banned on RoyalClouds:
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Royal Clouds WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
- Pirated Software/Warez
- Phishing of any site
- Trademarked content
- Any type of fake site
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- Link generator scripts for downloading from other file dump sites
- Facebook, Youtube, Twitter any type of bots, API scrapping.
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Public Proxies / VPN’s / TOR Exit
- Video Encoding / Streaming
- Minecraft server on OVZ (OK on KVM)
- Public Game Servers
- Virtual currency mining
- zPanel / Kloxo (Kloxo-MR is okay)
- .exe files/scripts
- DDoS-prone applications or booters / flood scripts
- QEMU / Wine / Nested Virtualization and related
Any attempt to undermine or cause harm to a server or customer of Royal Clouds is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Royal Clouds must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, Royal Clouds shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Royal Clouds by no later than the specified payment due date. Royal Clouds shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
(3) If you don't pay your invoice on its date your service will be suspended and late fees will be added and within next 30 day you cant pay your service will be terminated
Certain services carry a setup fee charged by Royal Clouds to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Royal Clouds and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 7th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Violations of these Acceptable Use Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Royal Clouds cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Royal Clouds are resold. Thus, certain equipment, routing, software and programming used by Royal Clouds are not directly owned or written by Royal Clouds. Moreover, Royal Clouds holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Royal Clouds sees fit, if there is data loss by some issues like server or disk crash we cannot guarantee for the data user should keep their backups.
By activating your account with Royal Clouds, you agree to the above policies, Terms and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Royal Clouds guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Royal Clouds reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Google Terms And Policy
We are using Google's recaptch service to protect the spam/bots
Please refer to it's Terms and Policy.