Policies and Agreements
As a precondition and requirement to use the services available via NextCloud Solutions, you, for yourself and for the company or other person(s), if any, you represent, hereby accept and agree to be legally bound by these Terms of Service.
If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
- Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies and agreements.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
- Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any 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. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall NextCloud be held liable for any lost or missing data or files resulting from a transfer to or from NextCloud. You are solely responsible for backing up your data in all circumstances
- Prohibited Uses
Infringement of Intellectual Property Rights
* Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
* If you believe that your intellectual property rights are being infringed upon, please email email@example.com. For copyright infringement claims, NextCloud follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.
Using a shared account as a backup/storage device.
You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
- Unacceptable Material
Unacceptable material on our servers include without limitation:
* IRC Scripts/Bots
* IRCD (irc servers)
* Proxy Scripts/Anonymizers
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery/Gambling Sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Push button mail scripts
* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
* Tell A Friend Scripts
* Anonymous or Bulk SMS Gateways
* Bitcoin Miners
* PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
NextCloud services, including all related equipment, networks and network devices are provided only for authorized customer use. NextCloud systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of NextCloud system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. NextCloud may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Your services will be terminated with or without notice.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Other Prohibited Content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this TOS in any manner may be removed from our servers (or otherwise disabled), with or without notice.
- Reseller Terms and Client Responsibility
* Resellers shall ensure that each of their clients complies with this Agreement.
*Resellers are responsible for supporting their clients. NextCloud does not provide support to clients of NextCloud’s resellers. If a reseller’s client contacts NextCloud, NextCloud reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
*Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. NextCloud will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
*NextCloud is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify NextCloud from and against any and all claims made by any User arising from the reseller’s acts or omissions.
*NextCloud reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by NextCloud.
*Resellers in the NextCloud Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
- Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
- Uptime Guarantee
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month free hosting on your account. This uptime guarantee does not apply to planned maintenance. Approval of any one (1) month free hosting is at the sole discretion of NextCloud and may be dependent upon the justification provided.
Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
To request one (1) month free hosting, please create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting one (1) month free hosting. one (1) month free hosting only apply to shared and reseller solutions.
- Resource Usage
- User May Not Use:
* Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
* Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
* Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
* Run any software that interfaces with an IRC (Internet Relay Chat) network.
* Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
* Participate in any file-sharing/peer-to-peer activities
* Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
* Run cron entries with intervals of less than fifteen (15) minutes.
* Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
* Force html to handle server-side code (like php and shtml) to help reduce usage.
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.
Shared and reseller accounts may not run any database queries longer than fifteen (15) seconds. Shared or reseller cPanel accounts using more than five thousand (5,000) database tables or hosting a single database that is larger than five (5) gigabytes, or any number of databases that total more than ten (10) gigabytes in size may be reviewed and receive a warning after which the account’s databases may be excluded from NextCloud generated backups. All database tables should be indexed appropriately. High database usage may also impact CPU and RAM resource usage limits, as set forth in Section 15 of the General Terms of Service, which may result in the Subscriber’s cPanel account being flagged for review and/or suspension.
- Backups and Data Loss
Your use of the Services is at your sole risk. NextCloud’s backup service runs twice a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at NextCloud’s sole discretion. NextCloud does not maintain backups of dedicated accounts.
NextCloud is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on NextCloud’s servers.
- Unsuccessful Renewal/activation of Services.
It is solely your responsibility to make sure your domain name, hosting or any other services is activated or renewed successfuly, NextCloud is not responsible for a failure to renew a domain or activate any services or a failure to notify a customer about a domain’s renewal or any services renewal.
Domain name and hosting renewal notices or any other services renewal notice are provided as a courtesy reminder.
- Cancellations and Refunds
NextCloud reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
For more information about Refund please
- Changes to the Agreement or the Services
NextCloud may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. NextCloud reserves the right to modify, change, or discontinue any aspect of the Services at any time.
- Price Change
NextCloud reserves the right to change prices or any other charges and the right to change the amount of resources given to packages at any time. It is your sole responsibility to periodically review billing and resouces information provided by NextCloud through the Client area or directly from the website.
You agree to indemnify, defend and hold harmless NextCloud, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
NextCloud shall not be responsible for any damages your business may suffer. NextCloud makes no warranties of any kind, expressed or implied for the Services. NextCloud disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by NextCloud or our employees.
NextCloud will not be held responsible for any damages, events that may occur resulting from the use of our services, downtimes, failure or refusal to register or renew your products and services with us. NextCloud will only be liable to provide a full refund of monies paid to us for such products or services.
- Disclosure to Law Enforcement
NextCloud may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
- Dedicated Servers
NextCloud reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. NextCloud reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. NextCloud will not be liable for any loss of data resulting from such deletion.
- Cloud Hosting Agreement
- Permitted CPU and Disk Usage.
All use of hosting space provided by NextCloud is subject to the terms of this Agreement and the Acceptable Useage Policy. Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.
However, Shared hosting space may not be used for any activity not listed above, including but not limited to: (i) storage of media, emails, or other data as determined by the service providers; or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer than 15 seconds; or (vi) use more than 50% of your website’s disk space for storing emails. Notwithstanding the above, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforesaid 50% of your website’s disk space. or (vii) use more than 5 GB or lesser based on the offering per database. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources which might affect the stability, performance and uptime of our servers, storage and network that may be caused by your violation of this Agreement or the Acceptable Use Policy or otherwise.
If you are in violation of the above, we may, in our sole discretion require you to upgrade your package, or move to a VPS or Dedicated server (depending on which package would meet your needs) or terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of this Agreement and other policies. Please note, Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
- Bandwidth Usage.
Bandwidth usage is unmetered on shared and cloud hosting services. Additionally, specific limits on the services have been mentioned on the product that you purchase, which include but are not limited to Shared hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If we encounter any website/package/order/customer consuming more than 25% of the system resources for more than 90 seconds which might affect the stability, performance, and uptime of our servers, storage and network, we may require to you upgrade your package, or move to a VPS or Dedicated server, or we may take action to restrict the bandwidth or other resources applicable for your website/package/order/account.
- Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
- Limitation of Liability
IN NO EVENT WILL NEXTCLOUD ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF NEXTCLOUD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.