FES.CLOUD services may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to FES.CLOUD’s customers. FES.CLOUD reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Viruses and Other Destructive Activities
Use of FES.CLOUD services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited.
FES.CLOUD does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.
FES.CLOUD’s Web Hosting and E-Commerce accounts should not be used to distribute illegal or pirated software and/or multimedia products.
The FES.CLOUD service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchant ability, fitness for a particular purpose or non-infringement. FES.CLOUD and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
No client is allowed to use any kind of third party pirated software on FES.CLOUD devices (Servers, VPS or Cloud). In case any client is found using pirated software they shall be liable to pay for any and all penalties that come under copyright infringement and Anti Piracy Act and their services will be terminated with immediate effect.
If you install any third party software that you think you are entitled to use, in case of any dispute on usage of those software, you will be 100% liable for all the penalties.
The use of FES.CLOUD services to store, post, display, transmit, advertise or otherwise make available any type of pornography is prohibited. FES.CLOUD as required by law, and will, notify law enforcement agencies when it becomes aware of the presence of pornography on, or being transmitted through its services.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
FES.CLOUD is not responsible for files and data residing on your account. Your use of the service is purely at your sole risk. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FES.CLOUD servers. In case you are storing the backup at the server then you can only keep a single copy of the backup.
FES.CLOUD will take your services backup if you additionally purchase our backup service. FES.CLOUD will take backup minimum 3days to 30days as per your backup service.
Payments and Fees
FES.CLOUD reserves the right to suspend the services if the payments are not made by the due date. FES.CLOUD shall not be held liable for any kind of loss due to disruption of services.
Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by the company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer from making full payment.
Cheques and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of FES.CLOUD. Accounts not paid by due date may be subject to a late fee at the sole discretion of FES.CLOUD. If you desire to cancel your account, please raise a ticket in the member control panel or send an email to firstname.lastname@example.org 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period.
FES.CLOUD’s Actions Taken
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. FES.CLOUD will be the sole arbiter as to what constitutes a violation of the TOU. FES.CLOUD reserves the right to remove any account without prior notice and to refuse service to anyone at any time. Depending on the severity of the violation, FES.CLOUD may, at its sole discretion, restrict, suspend or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, FES.CLOUD will notify the appropriate law enforcement authorities of such violation. FES.CLOUD does not issue credits for outages incurred through service disablement resulting from TOU violations. FES.CLOUD customers agree to indemnify and hold harmless FES.CLOUD from any claims resulting from the use of our services that damages them or any other party.