Terms of Service

Terms of Service

Last Updated January 8th, 2015

36cloud.com agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of 36cloud.com's service constitutes acceptance and agreement to 36cloud.com's Terms of Service.

36cloud.com reserves the right to modify the Terms of Service without notice.

1. Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the HKSAR or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact and other information

as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify 36cloud.com of any unauthorized use of your account or any other breach of security. 36cloud.com will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

2. Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using 36cloud.com. You will not engage in any activity that interferes with or disrupts 36cloud.com's services or networks connected to 36cloud.com.

3. Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that 36cloud.com will impose fees; and/or pursue civil remedies without providing advance notice.

Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, RAM, or disk IO.

Spam and Unsolicited Bulk Email (UBE): 36cloud.com has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of 36cloud.com whether or not the message actually originated from our network.

Mailing Lists: 36cloud.com's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

36cloud and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of HKSAR regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. 36cloud.com's services may not be used to facilitate infringement of these laws in any way.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of 36cloud.com or 36cloud.com's customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

36cloud does not prohibit the use of distributed, peer to peer network services such as Tor, nor does 36cloud routinely monitor the network communications of customer servers as a normal business practice. However, customers are responsible for the contents of network traffic exiting their servers. Any usage that prompts the receipt of abuse complaints pertaining to violation of HKSAR and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

4. Invoicing and Payment

You agree that 36cloud.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 2 days past due. Accounts that are not collectable by 36cloud.com may be turned over to an outside collection agency for collection.

Subscriber is aware that 36cloud.com may prospectively change the specified rates and charges from time to time.

36cloud.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by 36cloud.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. Any payment or any part or parts thereof already made for a term or part or parts thereof will not be refundable (unless otherwise agreed by 36cloud). The Subscriber shall be deemed to have waived all rights to such payment already made or any part or parts thereof paid for the term or the unexpired portion of the term (where applicable).The refund (if any) will be paid by crediting the amount of such refund to the Subscriber's next invoice in respect of which such refund is paid.

5. Uptime Guarantee

36cloud.com provides a 99.9% uptime guarantee on all 36cloud hardware, and on network connectivity. Downtime identified when there is no dial-up or broadband visitor can make any connection to the server (such as PING test) for over 60 minutes; and/or there is no Internet traffic to the server. Scheduled and urgent maintenance with notification to account contact email address will not be considered as downtime.

6. Support Boundaries

36cloud.com, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: 36cloud.com provides support related to your 36cloud virtual server physically functioning. 36cloud.com does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. 36cloud.com does not provide technical support to your customers.

7. Account Cancellation or Suspension

36cloud.com reserves the right to suspend network access to any customer if, in the judgment of the 36cloud.com network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which 36cloud.com chooses. 36cloud.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. 36cloud.com reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

If at any time it becomes necessary for 36cloud.com to cancel a customer's service without cause, 36cloud.com will provide 3 days advance notice.

You may cancel the service at any time by using the "Cancel Account" link located on the “Setting” "My Accounts" sub-tab of the Client Portal (CP). Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

8. Network

If 36cloud.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to 36cloud.com, and Customer shall have no right to use that Internet Protocol address except as permitted by 36cloud.com in its sole discretion in connection with the Services, during the term of this Agreement.

Our allocation of IP addresses is limited by APNIC's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.

9. Limitation of Liability

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of 36cloud.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that 36cloud.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of 36cloud.com. Subscriber further acknowledges that 36cloud.com'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 36cloud.com be liable for any special or consequential damages, loss or injury.

36cloud.com is not responsible for any damages your business may suffer. 36cloud.com does not make implied or written warranties for any of our services. 36cloud.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 36cloud.com.

10. Backup

Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the "Data"). Even with respect to Data as to which Subscriber contracts for backup services provided by 36cloud.com, 36cloud.com shall have no responsibility to preserve Data. 36cloud.com shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data.

11. Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that 36cloud.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order or requested by specific authorized authorities, without further consent or notification to the Subscriber. In addition, 36cloud.com shall have the right to terminate all service set forth in this Agreement.

12. Warranty Disclaimer

You agree that your use of 36cloud.com shall be at your sole risk. All services provided by 36cloud.com are available as is, without warranty.

13. Indemnity

36cloud.com wishes to emphasize that in agreeing to the 36cloud.com Terms of Service, customer indemnifies 36cloud.com for any violation of the Terms of Service that results in loss to 36cloud.com or the bringing of any claim against 36cloud.com by any third-party. This means that if 36cloud.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 36cloud.com, plus all costs and reasonable attorney's fees.

14. Notice

You agree that 36cloud.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on 36cloud.com services.

15. Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and 36cloud.com and govern your use of 36cloud.com services, superseding any prior agreements between you and 36cloud.com for the use of 36cloud.com services.

16. Choice of Law and Forum

The Terms of Service and the relationship between you and 36cloud.com shall be governed by the laws of the HKSAR without regard to its conflict of law provisions. You and 36cloud.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of HKSAR.

17. Waiver and Severability of Terms

The failure of 36cloud.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

18. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 36cloud.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Assignment

The Subscriber will not assign its rights under the Agreement, in whole or in part, without the prior written consent of 36cloud. 36cloud may assign its rights under the Agreement at any time.

For information on how we collect and use customer information, please refer to our Privacy Policy.