Terms of Service
Terms of Service
When you complete the user registration process on this website, or obtain and order related products and services from this website, you are deemed to have fully agreed to these terms of service. These terms of service are the same as the written terms signed and signed by the customer in person. They also have legal effect on both the user and the AFRICA CLOUD.
You certify and represent to us that you have sufficient knowledge to manage all aspects of a computer running a Linux-based operating system, on your own and without any assistance from us. The services we provide to you will be strictly managed by you at all times. Although we maintain and manage our servers and the software that we install on them (collectively, the “host server”), we will not install software on or manage the virtual private server (the “VPS”, which runs on the host server) that you access and use. In other words, we are only responsible for the host server, and we will not assist you with installing or configuring applications, troubleshooting, recovering from backups, etc. on the VPS that we allocate to you (“your VPS”) – these are solely your responsibility.
Our data storage system is fully redundant, which means that a failure of one component should have no effect on data integrity. However, we accept no liability or responsibility whatsoever for loss of or harm to any data of yours, nor for any damages you may suffer in connection with such loss or harm to your data. We strongly encourage you to implement your own backup solution and to periodically ensure that you can recover your own data.
First Article User Information and Privacy Protection
1.1 Users refer to natural persons, legal persons and organizations with full civil capabilities.
1.2 Users need to provide their true, accurate and complete user information to this website; when the corresponding information changes, users need to update the corresponding information in time to maintain the validity of their user information.You are the account holder with us, and each VPS you use represents a separate service. We will only provide services to you if we have your real name and valid and sufficient contact information for you. We may suspend or terminate our services to you at any time if your contact information contains invalid information (e.g. incorrect name, address, phone number, etc.). We may seek to verify your contact information with third parties, and may request sufficient clarification from you and from third parties in case we are unable to verify your contact information.
We do not allow assignment, sale, or transfer of customer accounts from one person or entity to another. You have no right to assign, sell, or otherwise transfer your rights under this ToS to anyone.
1.3 Users need to keep their user accounts properly and take full responsibility for all activities and events carried out on the accounts.
1.4 Users agree and authorize: Based on the importance of products and services, AFRICA CLOUD maintains contact, communication and emergency handling with customers through the user information provided by AFRICA CLOUD, including but not limited to email, instant messaging, etc.
1.5 Any user information submitted on this website is only for us to provide users with a more efficient and quality service experience.
1.6 AFRICA CLOUD promises and guarantees the confidentiality of user information and customer privacy, and destroys data when necessary.
Article 2 VPS Service - Fair Share Policy
You are permitted to use all server resources that we allocate to you in connection with our services, with a few exceptions as described below.
Please avoid situations where your VPS is constantly performing storage I/O operations at a rate over 100 MiB/s for prolonged periods of time (4+ hours). Should storage I/O usage exceed this value, we will inform you via email. Should storage I/O continue after such notification, we reserve the right to temporarily suspend service until this is resolved.
2.2Network / speed
Although we are located in Africa, our Internet is globally oriented. The ports of our cloud servers are all shared. We do not guarantee how much each user can use.Based on the principle of everyone for me and everyone, customers are prohibited from occupying a large amount of bandwidth for a long time, and must not exceed 70% of the Port for a long time to affect other people's servers. we will inform you via email. Should Network / speed continue after such notification, we reserve the right to temporarily suspend service until this is resolved.
3.3 Central processor (“CPU”) resources
We allow you to use 100% of the CPU resources on your VPS for short periods of time. However, one-hour-average CPU load on your VPS should not exceed the maximum level permitted as per limits set out 50%:
If your VPS exceeds hourly average limits as set out above, the CPU resources available on your VPS will be automatically limited to a level as set out above. In other words, your VPS will not be able to use more CPU resources than permitted under your current plan. A notice should appear on the main screen of the VM control panel for your VPS if you encounter this CPU limit. Once the CPU resources used by your VPS are reduced to the level permitted under your current plan, the aforesaid limitation on CPU resources will be automatically lifted. We do not impose any other limitations on CPU usage; you are allowed to use as much CPU as your VPS allocates and we will not suspend or limit our services further than stated.
Article 4 Acceptable Use
Prohibited content and actions
4.1 It is forbidden for users to use AFRICA CLOUD's products and services to provide but not limited to the following acts:
4.1.1 Pornography: Movie stations involving child pornography, regardless of whether the laws of the country where the server is located permits, we will never serve such users. Anyone who finds the above application will immediately terminate the service without refund.
4.1.2 Reactionary class: illegal assembly, religious institutions that are not permitted by the relevant laws and regulations of the country where the server is located, and reactionary comments, etc. We do not provide any service or provide any explanation for such content, Where found, immediately terminate the service and retain the evidence.
4.1.3 Spam category: Spam is prohibited in many countries in the world. Our server also prohibits all informal mail group sending services, and will be shut down as soon as it is discovered. other. As for any illegal content stipulated by national laws and regulations and local governments, our company will not support or provide services. Those who operate illegal applications must bear all direct or indirect responsibilities.
4.1.4 After verification by AFRICA CLOUD, if the user has the above behavior, we have the right to make a response that is not limited to the following: request for deletion, suspension of service, suspension of service.
4.1.5 Other prohibited activities:
Spamming (including unsolicited email, search engine spam, doorways, form spamming, etc.);
Mass mailing of any type (including double opt-in) – only occasional/incidental transactional emails are allowed to be sent from our network;
Denial of service (“DoS”) or other attacks (whether outgoing or incoming);
Hacking (including situations where a VPS was hacked);
Distribution of malware/viruses, with or without your knowledge;
IRC activity (client, server, bot, etc.);
Distribution of trademarked or copyrighted content (e.g. mp3s, movies, etc.) that you do not own or have a valid license to distribute – we honor all DMCA complaints;
Cracked software, unauthorized replicas, counterfeit and illegal items, and the like, and links to such content;
BitTorrent (trackers, clients, files, links, etc.);
Nested virtualization (e.g. running Qemu) – Docker is a permitted exception;
Open proxy servers (due to abuse committed through open proxies);
Open DNS resolvers, open port mappers, open NTP servers available via UDP protocol (due to DoS amplification attacks);
Tor relays and exit nodes;
Pornography and other sexually explicit content;
Data mining, crawling;
VM API abuse (e.g. making excessive or unjustified API calls); or
Using abusive language towards our employees, spamming our support ticket queue with the same question or issue, threats of any kind, and any other conduct we reasonably deem unacceptable.
The foregoing are just examples of our overriding policy that you may not abuse our services. If we determine that you are in breach of our reasonable policies (including but not limited to those described in this ToS), we may suspend our services to you indefinitely (in which case a brief explanation will be posted automatically to the VM control panel on your VPS). In that case, we may, at our discretion, restore our services to you if you acknowledge that your actions have contravened our policies and we are satisfied with your plan to correct your actions. Such resolution to the suspension of our services may occur in the VM control panel without involving our technical support resources.
Without limiting the foregoing, repeat infractions of our policies may incur a $50 administration fee per incident, and may further entail suspension of all our services under your account until this fee is paid.
.Article 5 Controversial content and behavior
5.1 For disputed content, including but not limited to any complaints of being attacked by DDOS, free streaming, politics, obscene information, intellectual property rights, etc., we will communicate with users and actively resolve, and decide whether to suspend or suspend their services according to the actual situation ;If the problem cannot be solved after communication, or recurring, we have the right to terminate the service provided to the user without refund.
5.2 In response to problems on the line, including instability caused by network operators at home and abroad, such as delays in access, packet loss, and inaccessibility, AFRICA CLOUD will assist in providing analytical evidence and will not make compensation for refunds, but will work with the network operation Cooperation and assistance, and solve the problem in a short time.
Article 6 Malicious attacks and defamation
6.1 Our service team will adhere to solve all problems for customers and provide service to users. If any of our staff violates, please contact us in time for complaints and reports. AFRICA CLOUD will give reasonable treatment and Feedback.
6.2 We humbly accept the criticisms and suggestions from users, but if the user maliciously attacks AFRICA CLOUD staff and denigrates the AFRICA CLOUD reputation several times in terms of words and actions, including but not limited to illegal, harassing, slanderous, abusive, and intimidating For sexual, harmful, and derogatory words and deeds, we have the right to suspend the corresponding service of the user and terminate the service provided to the user without refund. And reserve the right to pursue their legal responsibilities.
Article 7 Cancellations and Refunds
7.1 At present, AFRICA CLOUD-related products and services do not provide refund services. Please make a detailed understanding before ordering, and then place an order, which was not raised at the time of ordering; the corresponding questions and matters will be regarded as the customer has fully understood and informed of the corresponding products and services Details.
7.2 The user's request for termination and cancellation of business made in the middle of the use shall not require the refund of the payment.
7.3 Users need to apply for business renewal at least 2 days in advance. When the business expires, the customer's business will face the risk of service suspension, business cancellation, and data loss. AFRICA CLOUD will not bear the user's loss caused by the customer's failure to pay in time.
Article 8 offers and price adjustments
8.1 Based on the changes in the market and products, as well as the needs of event promotion, AFRICA CLOUD will occasionally launch various discounts, including appropriate price adjustments. AFRICA CLOUD reserves all rights to discount and adjust prices. When the product price changes, it is only applicable to new orders, and cannot be applied to existing orders and existing businesses. AFRICA CLOUD reserves the right to modify the service system and price at any time without notifying users.
Article 9 Blacklists
9.1We actively monitor our IP address space and we test each IP address before assigning it to a VPS, to make sure each new VPS is delivered with a clean IP address. Therefore, we will not issue a refund when any IP address assigned to a VPS gets blacklisted.
Article 10 Chargebacks and Paypal Disputes
10.1 Please do not file or lodge a dispute with Paypal in order to get a refund, as this will prolong the process and create more work for you and for us.Please note: Once you initiate a dispute, you will lose all the rest of time for the product, and there will be no refund.The server will be automatically suspended and deleted by the system.The responsibility for the data loss caused will be borne by the customer.
Initiating a chargeback or a Paypal dispute will result in the immediate suspension of our services to all accounts under your name and, at our discretion, any other associated accounts, until the dispute is resolved. Additionally, we may charge you for any chargeback fees we incur, and for any time we spend dealing with the dispute (e.g. time spent locating and suspending affected services, communicating with payment processors and banks, dealing with your support tickets, etc.). In such cases, we will bill $40 per hour in 15-minute increments, and our services to you will not be resumed until your account is paid in full.
Article 11 Affiliate Program
Participation in our affiliate program is optional.
If you choose to participate in our affiliate program, these rules apply to you:
Affiliate links must be followed naturally by real individual users of a website who are not paid to follow the links. You may use URL shortening or URL masking techniques to hide affiliate links, however, your users must follow each affiliate link naturally and not as the result of confusing or misleading information. We may review the use of our links to make sure you comply with our policies. If we are unable to verify the source of visitors to our website through affiliate links you use, we may refuse your requests to withdraw funds.
The following practices are strictly forbidden and will result in a permanent ban from our affiliate program:
Cookie-stuffing (i.e. loading affiliate links by using an invisible image) and similar techniques;
Any activity that artificially increase visitors to our affiliate links (e.g. click and pageview exchange services);
Mentioning our affiliate links in any type of unsolicited communication, potentially including email, forum posting, private messaging, instant messaging, etc.;
Using affiliate links to order service for yourself or your family, or on behalf of someone else; and
Offering cash back or any other monetary incentive to visit affiliate links.
If, in our sole discretion, we determine that you have violated our affiliate link policies, we may suspend our services to you and refuse your requests to withdraw funds.
Commission payouts under $1000 will be provided via Paypal. For amounts over $1000, we may make a payouts via Paypal or via bank (wire) transfer at our discretion.
Article 12 Limitation of Liability
Notwithstanding anything to the contrary in this ToS or any other agreement between us, we will have no liability whatsoever to you for any direct, consequential, indirect, special, incidental, punitive, or exemplary damages or losses, including but not limited to loss of business or business opportunities, loss of contracts, loss of use, loss from business interruption, loss of profits or revenue, or damage to business reputation, howsoever caused, and even if due to data loss, service interruption, negligence, or any combination thereof. Without limiting the foregoing, in the event that we are determined to be liable to you on any grounds, our total cumulative liability to you for all claims, damages, and causes of action arising from or relating to our services or this ToS or any combination thereof, howsoever caused, and even if due to data loss, service interruption, negligence, or any combination thereof, will not exceed the total cumulative dollar amount you have paid us in connection with your account.
Article 13 Indemnification
Without limitation, you will defend, hold harmless, and indemnify us and our directors, officers, employees, agents and contractors from and against all actions, charges, claims, costs, damages, demands, expenses, losses, suits, and the like, including legal fees and costs, that arise in connection with our services or this ToS or any combination thereof, even if due to data loss, service interruption, negligence, or any combination thereof.
Article 14 other content
14.1 This clause is formulated under the premise of combining customer rights and ensuring AFRICA CLOUD's efficient and high-quality products and services, and subjecting both parties to certain behavior constraints to ensure more legitimate interests of users. AFRICA CLOUD has the right to make appropriate adjustments to these terms. When the terms of service are changed, the modified content will be prompted on the home page and related important pages. If the user does not agree with the changed content, the user can actively cancel the network service used. If the user continues to use it, it is deemed to accept the service Changes in terms.
14.2 The user agrees that AFRICA CLOUD may transfer its rights and/or obligations to the new owner for continuation due to AFRICA CLOUD listing, acquisition, merger with a third party, name change, etc.
14.3 All disputes related to these Terms of Service shall be resolved by friendly negotiation. If the negotiation fails, both parties agree to file a lawsuit to the people's court where the main place of business of AFRICA CLOUD is to settle.