Last update date: 2020-05-07
BaCloud.com provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. By using the services, customer agrees to be bound of any modifications of Customers Service. All clients of BaCloud.com are subject to the following terms of service:
You agree to use all BaCloud.com services and facilities at your own risk. BaCloud.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall BaCloud.com 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 BaCloud.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BaCloud.com, 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 BaCloud.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with BaCloud.com's server.
BaCloud.com 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 BaCloud.com's server. BaCloud.com shall be the sole judge of what violates this Policy.
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. The customers should carefully read the Refund Policy of our services.
We accept Visa, Master Card & PayPal payment methods. 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.
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.
All services provided by BaCloud.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Lithuanian 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 BaCloud.com and 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 BaCloud.com 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.
Please keep in mind that BaCloud.com Hosting can terminate account of customer of any violation of:
- Email marketing, newsletters or any kind of mass mail sending using single or multiple IP addresses without an Agreement with Bacloud. Please contact [email protected] regarding agreement.
- All types of Mail Spam, spaming-systems, mail bombing, anonymous mailers
- Automated forum/blog/guestbook posting and black SEO tools(XRumer)
- Digital Millennium Copyright Act (DMCA), illegal copyrighted material
- Denial-of-service attacks (DoS/DDOS attacks)
- Virus, crack and trojan horses sharing & dissemination
- Mining cryptocurrencies on VPS
- Email marketing on VPS
- Phishing or scam websites
- Network and port scan/brute forcing
- Any type of botnets and illegal IRC servers
- Usage of cracked/nulled software or scripts
- Torrent trackers & sites, warez sharing, nulled scripts
- Child pornography, racism, criminal offenses and terrorism-related material sites
- IP spoofing/header modification
- TOR exit nodes
- Live streaming projects ( Do not apply for tube websites, or other projects with regular traffic usage )
- Registration from temporary emails, disposable e-mail address, fake email addresses is forbidden. All services will be permanently suspended.
- You are permitted a maximum of one account, active or inactive. If you choose to ignore this important restriction, all your accounts will be disabled. If for any reason more than one account is needed, please contact us.
- Send emails without PTR ( rDNS ) records, with fake rDNS records, with multiple domains ( Snowshoe spam )
The term includes a network overload, disk drive input/output operations, CPU utilization, other resources load. Inconvenience to other customers may be caused by individual users who use much more traffic and resources than the average of similar customers.
BaCloud does not limit or charge an additional fee if server resources are not used intensively and the infrastructure and other clients on the same server are not harmed.
If the bandwidth, disk IOPS, high CPU utilization or another high usage of the service presents a risk to the stability, performance or uptime of our servers, you may be required to upgrade to a dedicated resources service. Another way we may take action to restrict the resources your service is utilizing.
BaCloud.com utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.
BaCloud.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BaCloud.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, BaCloud.com 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 BaCloud.com servers. All damages shall be limited to the immediate termination of service.
BaCloud.com 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 BaCloud.com are resold. Thus, certain equipment, routing, software, and programming used by BaCloud.com are not directly owned or written by BaCloud.com. Moreover, BaCloud.com 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 BaCloud.com sees fit. FURTHERMORE, BaCloud.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
For these violations customers service IP will be added to Blackhole*.
* In computer networking, a null route or blackhole route is a network route that goes nowhere. It means that you wont be reached from internet and all packets will be dropped(ignored) at least for one day.