Service Level Agreement

Important Legal Agreements

360Cloudnet provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of 360Cloudnet are subject to the following terms of service:

The following is the entire Acceptable User Policy ('AUP') agreement between 360Cloudnet and the personal or corporate account holder. 360Cloudnet provides World Wide Web Hosting, web design and script installation. 360Cloudnet has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. 360Cloudnet's general policy is to act as a provider of Internet presence. 360Cloudnet reserves the rights to suspend or cancel a customer's access to any or all services provided by 360Cloudnet when we decide that the account has been inappropriately used.This AUP governs the use of 360Cloudnet's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and 360Cloudnet regarding the interpretation of this AUP, 360Cloudnet's interpretation, in its reasonable commercial judgment, shall govern.

What is Appropriate Usage?

360Cloudnet is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums

You agree to use all 360Cloudnet services and facilities at your own risk. 360Cloudnet specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall 360Cloudnet be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold 360Cloudnet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 360Cloudnet, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 360Cloudnet against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with 360Cloudnet's server.

360Cloudnet reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from 360Cloudnet's server. 360Cloudnet shall be the sole judge of what violates this Policy. 360Cloudnet is a cloud shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. 360Cloudnet uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Bandwidth

In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example our Enterprise Plan comes with 40GB bandwidth which is a huge amount, all of this 40GB can be used. Bandwidth is also reset every month. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Email Storage

You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. 360Cloudnet will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.

Unlimited

You may have noticed some or all of our accounts may come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains etc as you want as long as it's within your disk space limit, and plan limits.

Offensive Content

You may not publish or transmit via 360Cloudnet's service any content that 360Cloudnet reasonably believes: a) constitutes child pornography; b) constitutes pornography; c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; e) is defamatory or violates a person's privacy; f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; g) improperly exposes trade secrets or other confidential or proprietary information of another person; h) is intended to assist others in defeating technical copyright protections; i) clearly infringes on another person's trade or service mark, patent, or other property right; j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to 360Cloudnet; l) is otherwise malicious, fraudulent, or may result in retaliation against 360Cloudnet by offended viewers; 360Cloudnet does not accept material such as: a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites. b )Content 'published or transmitted' via 360Cloudnet's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by 360Cloudnet. * 360Cloudnet can terminate service for any of the above reasons and it's at 360Cloudnet's sole discretion to issue a refund

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Comercial Email

Bulk commercial email, mailing lists and email reflectors are allowed on 360Cloudnet's servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your 360Cloudnet account you must adhere to the following rules: a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure; b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; c) You may not obscure the source of your e-mail in any manner. d) You otherwise comply with the CAN SPAM Act and other applicable law. These policies apply to messages sent using your 360Cloudnet service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your 360Cloudnet service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your 360Cloudnet's services.

Material Protected By Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless: a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner. b) you are otherwise permitted by established United States copyright law to copy the work in that manner. 360Cloudnet will terminate the service of repeat copyright infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the 360Cloudnet network.

Disclaimer

360Cloudnet is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the 360Cloudnet network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including: a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to 360Cloudnet and its customers) without express authorization of the owner of the system or network; b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network; c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or f) Any conduct that is likely to result in retaliation against the 360Cloudnet network. g) Use of 360Cloudnet's network in a way that unreasonably interferes with 360Cloudnet's other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums

Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy

All services provided by 360Cloudnet may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless 360Cloudnetand its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all 360Cloudnet servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Limitation of Liability

360Cloudnet shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from 360Cloudnet servers going off-line or being unavailable for any reason whatsoever. Furthermore, 360Cloudnet shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of 360Cloudnet servers. All damages shall be limited to the immediate termination of service.

Disclaimer

360Cloudnet cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by 360Cloudnet are resold. Thus, certain equipment, routing, software, and programming used by 360Cloudnet are not directly owned or written by 360Cloudnet. Moreover, 360Cloudnet holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as 360Cloudnet sees fit. FURTHERMORE, 360Cloudnet retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.