OpenairCloud agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the AUP and TOS. OpenairCloud reserves the right to refuse any potential customer, at the sole discretion of OpenairCloud. The failure by a customer to meet or follow any of the policies/terms is grounds for account deactivation. OpenairCloud will be the sole arbiter as to what constitutes a violation of the AUP. OpenairCloud reserves the right to remove any account without prior notice.
The TOS and AUP are both subject to change at any time at the sole discretion of OpenairCloud, a change in policy shall not be grounds for early contract termination or non-payment. The customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the Customer. The Customer is aware that from time to time rates may change based on the availability of hardware and overall market fluctuations, if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.
Only all hosting services rendered by OpenairCloud are eligible for a limited refund. Refund covers the Hosting service plan itself and does not include any other services such as SSL certificate, domain registration, etc. Refunds are only offered within 25-days of account registration and only apply to the first service of a new client. Additional orders are not eligible for a refund. For example, if you’ve had an account with us before, canceled, and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services that are suspended or terminated due to non-compliance with the AUP and TOS are not eligible for refunds. Refunds will be applicable for valid reasons only which can’t be solved by us. If you do misbehave with the Support Team (over Chat/Ticket/Phone/Email) that will also waive the refund policy.
If any violation of these rules will occur OpenairCloud reserves a right to suspend a violating account. You, as an administrator, will have permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If the incident will not be resolved in 12 hours after you will reactivate the account or any violation will occur in the future by the same account, OpenairCloud reserves a right to terminate violating account and disable client profile (we will not disable your administrator profile, only your end client profile). The root user will always be safe from any violated action caused by their end-user.
Billing Methodology and Information
OpenairCloud invoices for all services 10 days prior to the due date. You are responsible for arranging payment by the due date. Accounts that become past due will be subject to a 10% (ten percent) late fee after 5 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 20 days past due, all services affiliated with the invoice are subject to immediate termination. Excessive tardiness will not be tolerated and could result in services being terminated or additional late fees being assessed.
In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of OpenairCloud. All information available to OpenairCloud about the fraudulent account will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.
Disputes and Chargebacks
The Customer acknowledges that any attempt to dispute or initiate a chargeback with Paypal or their Credit Card issuer will result in a suspension of all services and a fine of $100 will be assessed to the customer’s account. A chargeback imposed under false pretenses is considered Fraudulent and will be treated as such.
The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of OpenairCloud and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of OpenairCloud. The Customer further acknowledges that OpenairCloud ‘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. Any attempt to violate TOS/AUP agreement is strictly prohibited and may result in immediate termination of services rendered by OpenairCloud without refund. OpenairCloud is the sole arbiter as to what constitutes a violation of the above provisions. A fine of one-hundred-fifty (150) USD may be implemented for intentional server abuse, Tos/AUP violation.
OpenairCloud provides hardware support related to customers’ server functioning.
OpenairCloud does not offer software support if the service is not Fully Managed. OpenairCloud only guarantees the default installation of any software under fully managed hosting, and in no way assumes liability for the configuration of any software.
OpenairCloud is not responsible for any data loss associated with the missconfiguration of scripts. OpenairCloud may provide enhanced site development support (including script configuration and integration), for an additional fee. Please ask sales or billing for enhanced site build-up support pricing. Hosting customers may request new PHP extensions or, features on a support ticket. OpenairCloud does not provide any type of Support to Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of OpenairCloud.
Data and Backups
We perform daily backups on all of our servers to ensure critical files are never lost. Our servers have Hardware Raid10 array enabled Hard drives, so primary drives data also mirroring on secondary drives. Our server creates daily backups for users’ sites and keeps the data of the past 30 days. Also, you are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income, or any other resource due to faulty backups or non-existent backups.
Transfer / Migration
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in the transfer of data from an old host. Free transfer facilities are available for 30 days from your sign-up date. Transfers outside of the 30-day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. OpenairCloud reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law, or for technical or other reasons without notice.
OpenairCloud handles any and all DMCA complaints very seriously and will investigate them. OpenairCloud reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email at [email protected] with brief information. If the request is of a licensing issue, we may require further documentation. We take DMCA Complaints extremely seriously, save yourself and us the trouble. Click here < to get instructions for DMCA and Abuse complaint procedure.
Usage and Overages
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceeds warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
OpenairCloud web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting provider not a remote file storage provider. Any website whose disk space usage for storing the files exceeds 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.
Customer’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer’s programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber’s programs and services may not use more than 200% of two CPU cores for more than 2 minutes.
If any Customer or any Third Party User that is a customer of our Customer uses OpenairCloud services, network, or its physical Information in a manner that causes OpenairCloud, or any IPs issued by OpenairCloud to be blacklisted or blocked, OpenairCloud reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical Information. Operating OpenairCloud service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Users are prohibited from violating or attempting to violate the security of the OpenairCloud. Violations of system or network security may result in civil or criminal liability. OpenairCloud will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host, or network, including, without limitation, via means of ‘overloading’, ‘flooding’, ‘mail bombing’ or ‘crashing’,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a domain name and use – you are not allowed to purchase multiple plans to obtain combined bandwidth & space. OpenairCloud will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for assistance.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data, or traffic. 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 any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Denial of Service Attacks
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services, or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination.
OpenairCloud, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall OpenairCloud be liable for any direct, indirect, incidental, consequential, special, and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services, or products provided through your website. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.
Customers agree to potentially have to submit to fraud checking measures, designed for both the security of the customer as well as the security of OpenairCloud. The fraud checks require scan copy of the CreditCard Authorization Form by OpenairCloud, a front side screenshot of the Credit Card used as payment, as well as a valid scan copy of recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if payment is done by Credit/Debit Cards. If payment is made from unverified PayPal accounts, we may ask for verification documents as well.