Terms of Service [update 7/12/2023]

Prohibited Content

You may only use all of our HetaCloud services for legal purposes only. Transferring, storing, or displaying any information, data, or materials that violate any laws is prohibited. This includes, but is not limited to, materials protected by copyright, materials we deem threatening or obscene, or material protected under trade secrets and other laws. The subscriber agrees to indemnify HetaCloud and hold it harmless from any claims arising from the subscriber's or any other party's use of our services that cause harm.

Note: Unlawful use is prohibited on any HetaCloud server. This includes websites that may imply immoral content. This also applies to websites that promote any illegal activity or content that may harm HetaCloud servers or any other online server. Links to such materials are strictly prohibited. Contact our technical support department for any inquiries or clarifications.

Examples of Unacceptable Content

You are not allowed to use more than 10% of our platform's processing power. There are many activities that can cause such problems, including (but not limited to) CGI scripts, intensive FTP or PHP or HTTP processes

1. Pirated software
2. Bulk email-related products
3. Running standalone server-side operations not subject to control or demons, including (but not limited to) IRCd
4. Not running any kind of web spider or web indexer
5. Pornographic material
6. Hacking/related sites
7. Not running any application that interacts with the Internet Relay Chat network
8. Warez and/or copyrighted MP3 files
9. Illegal materials under US law
10. Not running any torrent application or tracker client. You may link to legal torrent files outside the site, but hosting or storing them on our servers is not allowed
11. Sites that contain or link to materials that could be considered harmful to public health, safety, or welfare. (e.g., anarchist cookbooks, bomb-making, weapon information, or anything else that could be considered harmful or illegal.)
12.  Sending or purchasing any unwanted or unauthorized advertising or any other form of similar solicitation (also known as spam - see below)
13.  Contains any defamatory material against any person
14. Engaging in any file-sharing/peer-to-peer activities
15. Promoting discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age
16.  Script modification, lotteries, gambling, adult content, scams, and GC HYIP investments 
17. Not running any input or other scheduled tasks beyond their configuration through our control panel
18. Violating any third-party's copyright, database rights, or trademark
19. Likely to deceive any person
20. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence

• As a remote file host for other websitesL. Running self-hosted file sync or similar services based on "cloud storage," including (but not limited to) OwnCloud, Pydio, and Sparkleshare.
• HetaCloud will be the sole judge of what constitutes a violation of this term and reserves the right to deactivate and remove any site at any time and for any reason.

• Contact our technical support department for any inquiries or clarifications 

   

Copyright Violations

HetaCloud will respond to all infringement reports in accordance with the Digital Millennium Copyright Act (DMCA) and any other applicable copyright laws. Violation notices that do not comply with this law will not be processed. We will act in accordance with the new Digital Millennium Copyright Act when dealing with infringement reports. Please contact our support department for any inquiries or clarifications.

System Resource Usage

If the HetaCloud system management team determines that an account is using an unacceptable amount of system resources, HetaCloud may temporarily suspend the affected account. If HetaCloud employees deem it necessary, an eviction notice may be sent to the violating account's customer to either upgrade to a VPS server or find another hosting solution recommended by HetaCloud employees, or to upgrade to higher hosting plans. This only happens in extreme cases.

• 1. Shared hosting services provide web space on our servers to allow you to upload web pages and files for website publishing.
• 2. Shared hosting services provide you with "unlimited" server space for regular web usage, excluding file distribution. For websites that allow downloads of video, audio, or other files, we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month.
• 3. Non-file-distribution-related usage remains unaffected by any restrictions imposed on downloading video, audio, or other files.
• 4. Hosting services must not be used as offsite backup storage. Therefore, all files uploaded to our servers must be part of your visible and publicly accessible (web-visible) use of hosting services unless there is a need to run a web site they are part of; we reserve the right to delete files or directories that are not web-visible without notifying you.
• 5. All website pages stored on our servers as part of hosting services are available to search engines unless you take action to prevent that. If you want to optimize your web pages for search engines, you agree to use coding and techniques that fully comply with guidelines issued by Google, Bing, Yahoo, and other major search engines.
• 6. MySQL databases are limited to 1024 megabytes in size; when you reach this size, we will notify you.

Non-compliance with the policy constitutes full non-compliance with these terms and may result in account suspension and/or termination. We reserve the right to remove any account without prior notice. Please contact our support department for any inquiries or clarifications.

Unwanted Email (Spam)

Strict laws will be enforced to prevent sending spam messages or unwanted email from the HetaCloud server. HetaCloud will keep records of email addresses used for sending spam on its servers. The use of spam messages to advertise websites hosted on the HetaCloud network is a violation of this policy, and HetaCloud will take appropriate action to penalize the perpetrators of this violation. HetaCloud reserves the right to make decisions on how to deal with violations of this policy, and websites found to violate the spam policy may be deactivated immediately.

If anyone intentionally sends unsolicited email to our systems, we reserve the right to invoice them $45 per hour for the time spent on cleaning, investigating, or any related activities to address the illegal violations.

We kindly ask for your assistance in stopping spam messages! Please contact our Abuse department immediately by sending an email to report any violations of our spam policies. You can also reach out to our support department for inquiries or further clarifications.

Indemnification

By this provision, you agree to indemnify HetaCloud, its directors, officers, subsidiaries, employees, agents, and any third party against any claims, damages, losses, liabilities, suits, actions (whether legal or administrative), including related expenses such as reasonable attorney's fees, that are brought against HetaCloud by a third party as a result of (1) your use of our services, (2) any breach or violation by you of our terms of service, or (3) any acts or omissions on your part. This provision shall remain in effect after the termination of this agreement.

Service Exemption 

In the event that any of the web hosting services offered are unavailable due to factors beyond HetaCloud, which may include services provided by third parties used as part of the web hosting service we provide, or any scheduled maintenance windows planned by the company, HetaCloud shall not be held liable for such interruptions.

• The service unavailability period associated with it is not considered a service outage.
• The customer is not entitled to compensation in the form of credits.

The usual causes of these disruptions are:

• Certain scheduled maintenance or planned on the infrastructure used by HetaCloud, provided that the customer is notified of this action at least two days in advance of the maintenance date.
• Reasons beyond HetaCloud's reasonable control.
• Violation of our terms of service.
• Include acts of force majeure, including but not limited to acts of war, natural disasters, epidemics, facility outages, denial of service attacks, failures of communication and/or internet lines, emergence of unavoidable vulnerabilities or loopholes through reasonable commercial care.
• Downtime during Cloud SSD VPS upgrade or dedicated server.
• Service interruption due to exceeding your web hosting resource capabilities.