Legal documents – FastyCloud Inc.
Terms and Conditions of Use and Service (TOS)
By using or accessing the services of FastyCloud, the client agrees that the terms and conditions of this policy will be fulfilled:
The user agrees to use the service in a manner consistent with each and every applicable law. In the event that this account is not used in accordance with all Applicable Laws, including but not limited to Local, State or Federal Laws, FastyCloud reserves the right to cooperate with all or any law enforcement agency.
The user agrees to follow the Acceptable Use Policy of any user on the network to which they connect, including the FastyCloud system.
Neither FastyCloud nor its information providers are responsible for damages resulting from the user’s use of FastyCloud or the user’s inability to use the FastyCloud service.
The user agrees that any material sent for publication on FastyCloud through the user’s account (s) does not violate or infringe any copyright, trademark, patent, statute, customary law or property rights of third parties, nor does it contain anything obscene or slanderous. The user cannot host any adult content or pornographic websites on our shared reseller servers. Software intended to facilitate such violations or breaches cannot be stored on FastyCloud
Reasons for Immediate Suspension
The following “netiquette” violations are grounds for immediate suspension of the service pending an investigation by FastyCloud and will lead to the cancellation of the account (s) that the investigation determines that originated or transmitted this type of traffic .
Publish a single article or substantially similar articles in an excessive number of newsgroups (i.e. 20 or more) or the continued publication of articles that are off-topic (for example, off-topic in accordance with the statute of the newsgroup. news or article sparks complaints from regular newspaper newsgroup readers for being off topic.)
Send unsolicited bulk emails (that is, to more than 25 users) that cause complaints from recipients.
Participate in any of the above points from a provider other than FastyCloud and use a FastyCloud account as a reply email, or advertise a website hosted by FastyCloud.
Ongoing harassment of other people on the Internet after those people and FastyCloud asked you to stop.
Impersonate another user or falsify your username in emails, Usenet posts, IRC or any other Internet service. (This does not exclude the use of nicknames on IRC or the use of anonymous forwarding services.) FastyCloud prohibits IRC and associated programs, including psbnc, “bots,” etc., scripts commonly used to abuse, attack, or flood threatening, harassing, or obscene content, and any proxy that does not require authentication, including open mail proxies, proxy proxies, Anonymous web browsing without protection.
It is not allowed to host scripts with high consumption of resources in shared hosting or shared reseller hosting, it is prohibited to host in shared hosting or shared CMS resellers such as: moodle, chamilo, e-learning platforms and related to more than 3 simultaneous users and high consumption resource; everything mentioned above is a reason for suspension without claim. So that you do not have problems with your accounts, we recommend using VPS or dedicated servers for content with high use of resources.
Users whose accounts are terminated for any of the above violations are also responsible for the cost of labor to clean up and respond to complaints incurred by FastyCloud.
Reactivation Fees and process:
You may have reactivation costs or surcharges if your account has been suspended for the following reasons:
1. Abuse or violation of our terms and conditions of service, up to $ 30 USD reseller clients and individual accommodation clients up to $ 15 USD.
2. Payment overdue, all invoices must be paid at most on the due date of your generated invoice, if this is not paid until due date, your service will be suspended and you will have a maximum of 3 days to pay without surcharges, if you do not You have paid your invoice, after 3 days you will have a surcharge of up to 30% on the value of your overdue invoice.
3. Suspension and reactivation for overdue payment of VPS services, VPS Servers can have a reactivation cost of up to $ 30 USD if it has been suspended for not paying your bills on time.
Any service that has been suspended for the reasons indicated above and does not comply with the payment of reactivation costs, the service will be terminated in a maximum of 96 hours after notification of the reason for suspension and generation of an invoice for reactivation of service.
General server limits.
The user agrees not to use excessive amounts of resources. Any violation may result in us taking corrective measures to maintain the stability of the server by removing any process, disabling and / or suspending your account. The user cannot allow any process to run for more than 30 CPU seconds or run any process that consumes more than 256MB, PHP memory limit. The databases are limited to a maximum of 50 user connections. Cron jobs should not run more than once every 30 minutes, unless specified by the script provider and are estimated to be 15 or more. Each cPanel account cannot send more than 50 emails per hour. If it is determined that a client’s account is overusing system resources, we can temporarily suspend the account to prevent the server from experiencing any problems, causing problems for other valuable clients. If the account is determined to be unsuitable for the shared server or reseller environment, a notice will be sent to the customer providing alternative solutions such as ‘Semi-Dedicated’, ‘Dedicated Servers’ or a Premium Hosting account. FastyCloud will be the sole arbiter as to what constitutes a violation of this provision and FastyCloud reserves the right to make adjustments to these limits at our sole discretion.
Centos 7 / Apache server resource limits
All unmeasured dedicated servers and virtual private servers are installed on 100mbps shared bandwidth ports, unless the service is sold as a specified port size or specified / requested as a limited port. FastyCloud reserves the right to monitor network usage, and if a service significantly exceeds average usage, to regulate the speed available to conserve network resources. This will generally not include short spikes in usage, but will include, but is not limited to, sustained transfers of significantly greater than average amounts of bandwidth. If at any time a customer.
FastyCloud performs daily backups on all of our servers to ensure critical files are never lost. Our daily backups are created for accounts less than 20GB and 150,000 Inodes. For reseller plans, these limits apply to each cPanel user individually. Furthermore, FastyCloud does not guarantee this feature to any of the clients and therefore we strongly recommend that you make a backup of your own data, hosted with us. In the unfortunate event that the client has lost their data hosted on FastyCloud, they will make reasonable efforts to restore the client’s data; however, FastyCloud will not be responsible for loss of data, time, revenue or any other resource due to faulty backups or non-existent backups or any loss of data due to faulty hardware. We strongly recommend that our clients have their own separate backups if their website or data is critical to their business or livelihood as no backup method is failsafe therefore, we do not offer guarantees.
Using more than 200,000 inodes in any cPanel (single user) account can generate an automatic warning in cPanel> Statistics> inodes. There will be no service interruption at this stage, but if no steps are taken to reduce inodes, service interruption may occur once the user reaches 250,000 Inodes. Accounts that exceed the 250,000 inode limit will automatically display the resource exceeded message and can be suspended if no action is taken to reduce the inode count. Virtual private servers have a wide limit of 5 million servers and there are no limits per cPanel user. Resellers have a broad reseller limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and will only become an issue if a reseller is causing problems for other resellers in the server. If a reseller’s inode usage is between 5 and 10 million inodes, we can ask the reseller to upgrade to a dedicated server or provide adequate time to resolve inode usage, if the reseller takes no action, the account can be suspended. Budget resellers have a per user limit of 50,000 inodes and a broad limit of 250,000 inodes for resellers. If this limit is exceeded,
Each file (a web page, image file, email, etc.) in your account uses up to 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of files that cause damage to the file system, and can be marked for review and / or suspension. The main cause of excessive inodes seems to be because users leave their general address enabled but never check their primary account mailbox. Over time, tens of thousands of messages (or more) accumulate, eventually pushing the account beyond our inode limit. To disable your default mailbox, log into cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type: fail: No user here.
You MUST NOT use our RESELLER HOSTING ACCOUNTS to offer any of the following types of FREE services, but are not limited to; Free web hosting services, free email services, free blogging services, free home pages, free image hosting, free trial accounts.
There are several reasons for these prohibitions on free services. The reasons include, but are not limited to, the following:
First, free services generally do not require any reliable means of identifying the person registering for them. As such, it may be practically impossible to locate people who abuse free services.
Our clients, including (resellers) are paying for fast and reliable service and we have built a strong reputation for providing excellent service. We cannot risk unidentified people damaging our reputation.
Users of free services are known to sign up for free accounts and immediately spam or consume large amounts of system resources and bandwidth before their accounts are closed. Such abusers often register for successive or multiple accounts and cause a lot of problems for servers and the network.
Spammers, phishing and pharming scam operators, phishing sites, distributors of spyware, viruses, Trojans, worms and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file or file sharing sites, and hackers frequently abuse online services for free. Allowing free services would expose our servers to severe abuse and could harm us or all of our customers and all of our reseller’s customers.
Free services lead to various forms of abuse that can violate criminal law or even encourage terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as in our sole discretion we consider it necessary to address the situation.
File hosting and file storage of any kind are strictly prohibited on all reseller, shared, and hosting servers. You CANNOT use your FastyCloud hosting as a download repository or file storage. Our services are offered strictly for website hosting only. This does NOT mean that you cannot have downloads on your site. This means that you cannot operate a site that specializes in downloads like Download.com or similar and you cannot use your account as a storage repository for MP3 files, games, videos, photos, images, audio or music files or as an installation backup storage.
Abuse of FastyCloud staff or support staff – At FastyCloud, we pride ourselves on providing excellent service to all of our customers. It is our policy to always treat our clients with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are constantly engaging in abusive content towards them, or that you are targeting them in a degrading or rude manner, your account (s) may be suspended and you may be asked to take your business to another place. In the event we terminate the service for abusive conduct, customers will receive a five (5) day notice. We will issue a refund only for the unused portion of the prepaid service. Abusive conduct includes, among others, the following behaviors:
Repeatedly addressing members of our staff in a degrading or rude manner. Using profanity in any oral or written communication with our staff, by any means of communication, including but not limited to email, instant messages, chat, text messages, fax, postal mail, telephone, voice over Internet Protocol or communication of person yelling or screaming at our staff. Deliberately use all capital letters in any written communication to our staff; Insulting our staff for their personal characteristics or for their race, ethnicity, national origin, sex, sexual orientation, religion, housing or economic situation; or deliberately providing false information to our staff in order to harass them or waste their time.
The user agrees to pay FastyCloud all charges related to the use of the user’s account (s) in accordance with the rates and prices indicated in said sales order at the time of commencement.
The user is responsible for the charges at the time the service is used and FastyCloud may apply the amount due to the user’s credit card PayPal account at any time.
FastyCloud reserves the right to suspend access to the service for the User’s account (s) upon indication of credit problems, including late payments or rejection of any credit card charges.
Payment by credit card: If the Client chooses to pay for the services by credit card, the Client grants FastyCloud the right to charge payments to that card on each due date. The client also agrees not to contest or dispute any charge that represents hosting payments.
Non-Payment: All reseller, shared hosting, and SEO payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of TOS. If payment is not remitted within the day of the due date, your service will automatically be suspended. If you do not make your pgo for three (3) consecutive days, including the due date, you will have a proportional cost for delay of payment (MORA proportional to your invoiced amount). Failure to remit payment for services within ten (10) consecutive days, including the due date, may result in termination of access to the service network and all services will be claimed. All remaining customer data after fifteen (15) days of non-payment will be destroyed for security and privacy reasons. Once your account has been terminated for non-payment, you may be charged a $ 10 reconnection fee. If you are a reseller with more than 10 cPanel accounts, you will be charged a $ 1.5 restore fee per account. cPanel plus the reconnection fee to cover the administrative time it takes to restore accounts from backups. The same restoration fees may apply to all customers, if you want us to provide backups once an account is canceled for non-payment. This restoration service is subject to backup availability. There will be no reconnection or restoration fees to re-enable suspended accounts for non-payment.
All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. Failure to receive full payment within three (2) consecutive days, including anniversary date, may result in suspension of public access to customer services. If payment for services is not remitted within five (3) consecutive days, including the anniversary date, access to the service network will be terminated and all services will be claimed.
Payment reminders: Our credit card processor 2Checkout.com Inc. USA, PayPal and Pay-me Alignet. They will remit payment for all recurring orders, for services on the monthly anniversary date. It is the customer’s responsibility to ensure that sufficient funds are available in their credit card payment account. It is the sole responsibility of the customer to ensure that fees are paid on time and the email address on file works and is allowed to receive reminders from 2Checkout.com Inc or FastyCloud Inc. Once a payment reminder is sent from 2Checkout .com Inc or FastyCloud Inc. is considered a valid payment reminder. 2Checkout.com Inc or FastyCloud Inc assumes no responsibility for non-deliverable email addresses or emails sent by 2Checkout.com Inc or FastyCloud Inc. that do not reach customer destinations, including but not limited to spam filters or network problems. By the first day after payment it should have been made; You will receive a payment reminder notice stating that you must update your credit card and pay your bill from 2Checkout.com Inc. On the third and fifth day, 2Checkout.com Inc. and PayPal will send you second and third payment reminders. Customer services may be temporarily suspended for non-payment. without reaching the client’s destinations, including, among others, spam filters or network problems. By the first day after payment it should have been made; You will receive a payment reminder notice stating that you must update your credit card and pay your bill from 2Checkout.com Inc. and PayPal on the third and fifth day, 2Checkout.com Inc. and PayPal will send you second and third payment reminders. Customer services may be temporarily suspended for non-payment.
We have a zero-tolerance policy to post negative comments in any public location about our company and / or our employees before submitting a ticket to our “Suggestions and Complaints” Department to discuss your problem, this will result in immediate account cancellation without any refund.
Although it is your right to post comments without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to do so, which is not the type of customer we want to deal with. We have the utmost respect for all our clients and we are more than fair with all our clients. We will do our best to keep all of our customers satisfied. But in the unlikely event that you are not satisfied, all we ask is that you first discuss your problem with our Complaints Department. For example, if you are the type of person to go to the forums at the first opportunity to file a complaint, DO NOT SIGN UP for FastyCloud.
Without giving up any of your other rights under this Agreement, FastyCloud offers its customers a 15-day money-back guarantee on hosting service fees ON ANNUAL SHOPPING. If for any reason you cancel your account within fifteen (15) days from the day FastyCloud sends your welcome email, including your account information or the day you order, whichever comes first. FastyCloud will refund your money without asking questions; as long as you have not previously obtained a refund under the 15-day Warranty. If you ever got a refund under the 15-day Warranty, your account will be terminated.
There are no refunds for customers or orders purchased with monthly billing.
Changes to your service, including but not limited to adding new services, removing services, or changing the type of hosting plan you have, DO NOT make you eligible for an additional 15-day Warranty. The 15-day Warranty applies to your first order of FastyCloud web hosting services and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, this includes but is not limited to domain registration, domain parking services, dedicated servers, virtual private servers, and surplus fees.
Customers can voluntarily cancel their account at any time, for any reason or no reason, requesting a cancellation from their member area at portal.fastycloud.com > Services> My services> Product / Service> See details> Administration actions> Request a cancellation. FastyCloud requires a cancellation notice of quice (15) days before the anniversary billing date for interruption or discounts of services from month to month. If the required quice (15) days are not provided, a full billable monthly cycle will be generated prior to cancellation. All amounts due must be paid in full before canceling the customer’s account.
Customer understands and agrees that FastyCloud does not provide pro-rated refunds or any other cancellation. All fees Customer has paid will not be refundable, unless otherwise stated in our 15-day money back guarantee.
All cancellation requests must be made directly through https://portal.fastycloud.com Cancellation requests are not accepted by email, postal mail, telephone or through the help desk (fastycloud.com). If a customer canceled a recurring order by contacting third parties, we will consider it as an account cancellation request. In such cases, FastyCloud reserves the right to cancel the customer’s account with immediate effect without prior notice.
FastyCloud may modify these terms and conditions by notification published online through FastyCloud. The user’s use of the FastyCloud services after such notification will constitute the user’s acceptance of the modifications to this Agreement.
This agreement, user account, contract and billing will be automatically renewed unless canceled in writing before the renewal date.
99.9% uptime guarantee – Service Level Agreement
FastyCloud offers a 99.9% uptime guarantee. That means your web server is guaranteed to run 99.9% of the time in any calendar month. FastyCloud guarantees that 99.9% of service uptime allows 120 minutes of Unscheduled Service Interruption (HTTP) per month as defined here. For every additional 120 minutes of downtime, you will receive 1% credit or refund. Regardless of the number of outages, all refunds are limited to one month’s hosting service fees and do not include overuse fees or other non-standard recurring charges. The following table determines the amount of the credits, based on the server uptime for the month in which the credits are requested.
|SERVICE TIME PER MONTH||MONTHLY CREDIT PERCENTAGE|
|99,9 – 100%||0% of credit|
|99,7 – 99,8%||1% credit (if there is 3 days of interruption)|
|99,5 – 99,6%||5% credit (if there is 8 days of interruption)|
|99,3 – 99,4%||8% credit (if there is 15 days of interruption)|
|99.0 – 99.2%||15% credit (if there is 23 days of interruption)|
|98.9% and low||100% credit (if there is a 30-day interruption)|
FastyCloud is not responsible for service interruptions resulting from non-FastyCloud operated equipment, including but not limited to NAP Internet failures, upstream network interruptions or congestion, and backbone network failures. Furthermore, FastyCloud is not responsible for delays in registering or transferring a domain due to problems related to InterNIC, unscheduled outages, specific website outrages and outages resulting from the malfunction of client scripts or applications that the Client installs, or by unusual traffic spikes or “denial of service” attacks on clients’ websites.
Hybrid services, colocation services or rental of rack space, cloud servers, services in a basic environment such as dedicated servers and virtual private services do not qualify for any credit under this server uptime guarantee.
Refunds will be issued at the request of the customer and upon determining that a service interruption has occurred, as defined by this warranty. To be eligible for a refund, the refund request must be made to the Billing Department at the end of the month for the current month (last day of the current month) or within the first week of the month of the previous month.
Personal information we collect from our users.
When placing an order or registering on our site, as applicable, you may be asked to enter your name, email address, postal address, telephone number, credit card information, or other details to assist you with your experience.
We collect information about you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, complete a form, or enter information on our site.
Use of user information.
We may use the information we collect from you when you register, make a purchase, subscribe to our newsletter, respond to a survey or marketing communication, browse the website, or use other features of the site in the following ways:
- Personalize the user experience and allow us to offer the type of content and product offers that interest you most.
- Improve our website to better serve you.
- Allow us to better serve you in responding to your customer service requests.
- To administer a contest, promotion, survey or other feature of the site.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.Protección de la información del usuario
Our website is periodically scanned for security holes and known vulnerabilities to make your visit to our site as safe as possible.
Your personal information is contained behind secure networks and is only accessible by a limited number of people who have special access rights to such systems, and are required to keep the information confidential. Additionally, all confidential / credit information you provide is encrypted using Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order, enters, sends or accesses their information to maintain the security of their personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Use of ‘cookies’
- Help remember and process items in the shopping cart.
- Understand and save user preferences for future visits.
- Track ads.
- Collect aggregated data on site traffic and site interactions to deliver better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer notify you each time a cookie is sent, or you can choose to disable all cookies. You do this through your browser settings (such as Internet Explorer). Each browser is a little different, so look at your browser’s Help menu to find out the correct way to modify your cookies.
If you disable cookies, some features will be disabled. It will not affect the user experience, which will make your site more efficient and some of our services will not work properly.
Third party disclosure
We do not sell, exchange, or transfer your personally identifiable information to third parties unless we notify you in advance. This does not include website hosting partners and other parties that help us operate our website, conduct our business, or provide services to you, provided those parties agree to keep this information confidential. We may also disclose your information when we believe the disclosure is appropriate to comply with the law, enforce the policies of our site, or protect our rights, property or safety, or those of others.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content and activities of these linked sites. However, we seek to protect the integrity of our site and welcome any comments on these sites.
COPPA – Children’s Online Privacy Protection Act
When it comes to collecting personal information from children under the age of 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which details what operators of websites and online services must do to protect the privacy and safety of children online.
We do not offer any our services specifically to children under the age of 13.
Fair information practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played an important role in the development of data protection laws worldwide. Understanding the Principles of Fair Information Practice and how they should be implemented is critical to complying with the various privacy laws that protect personal information.
To be in line with fair reporting practices, we will take the following response steps in the event of a data breach:
We will notify users by email.
- within 7 business days
We will notify users through notifications on the site
- within 7 business days
We also agree with the principle of individual reparation, which requires that individuals have the right to exercise legally enforceable rights against data collectors and processors who do not comply with the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have to go to court or a government agency to investigate and / or prosecute noncompliance by data processors.
SPAM CAN Law
The CAN-SPAM Act is a law that establishes the rules for commercial email, establishes the requirements for commercial messages, gives recipients the right to stop sending emails, and establishes severe penalties for violations.
We collect your email address to:
- Send information, answer queries and / or other requests or questions.
- Process orders and send information and updates related to orders.
- We may also send you additional information related to your product and / or service.
- Market to our mailing list or continue to send emails to our customers after the original transaction has occurred
To agree to CAN SPAM, we accept the following:
- DO NOT use false or misleading email addresses or themes
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site site
- Monitor compliance with third-party email marketing services, if one is used.
- Honor unsubscribe / unsubscribe requests quickly
- Allow users to unsubscribe using the link at the bottom of each email
If at any time you wish to unsubscribe from receiving future emails, you can
- Follow the instructions at the end of each email.