Revision date: 04-18-2019

All clients of EqualCloud Solutions are subject to the following terms of service:

## Indemnification Policy
You agree to use all EqualCloud Solutions services and facilities at your own risk. EqualCloud Solutions specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall EqualCloud Solutions 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 EqualCloud Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against EqualCloud Solutions, 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 EqualCloud Solutions against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with EqualCloud Solutions products and services. EqualCloud Solutions 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 EqualCloud Solutions facility.

EqualCloud Solutions shall be the sole judge of what violates this Policy.

## Limitation of Liability
In no event shall EqualCloud Solutions. Be liable for damages resulting from loss of data, profits, use of the EqualCloud Solutions site or any EqualCloud Solutions products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder.

## Terms of Services
All services provided by EqualCloud Solutions (“EqualCloud”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law and Democratic Socialist Republic of Sri Lanka 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 EqualCloud Solutions from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to EqualCloud Solutions’ servers, or any other server on the internet and damages its reputation, Links to such materials are also prohibited.

Examples of unacceptable content or links:

-Pirated Softwares
-Hacking Scripts, Programs or Archives
-Adult Material and Pornography
-Gambling
-Political Content
-Audio/Video Streaming
-Online Gaming and Related Activities

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND NO REFUND WILL BE PROVIDED. ADDITIONALLY, EqualCloud Solutions WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

## Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward EqualCloud Solutions, but also because it can overload EqualCloud Solutions’s network and disrupt service to EqualCloud Solutions clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, EqualCloud Solutions has the discretion to determine from all of the evidence whether the e-mail recipients were from an “opt-in” e-mail list. If the messages is spam, we may even terminate your account without prior notice and without any refund.

## IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

## Server Abuse
Any attempt to undermine or cause harm to a server or customer of EqualCloud Solutions is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without a refund.

## Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites, virtual private servers and dedicated servers of EqualCloud Solutions must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

## Violations
Violations of these Acceptable Use Policies should be referred to support@equalcloud.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

## Disclaimer
EqualCloud Solutions cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by EqualCloud Solutions are resold. Thus, certain equipment, routing, software and programming used by EqualCloud Solutions are not directly owned or written by EqualCloud Solutions. Moreover, EqualCloud Solutions holds no responsibility for the use of our client’s accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as EqualCloud Solutions sees fit.

## Account Activation
By activating your account with EqualCloud Solutions, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

## Billing
By the account activation date of each month, EqualCloud Solutions shall either:

We billed most of the services annually. However there will be billing monthly, quarterly, semi-annually depending upon the service. Billing system generate renewal invoice 14 days prior to the service. Customers should pay invoices before due date. All the services unpaid at the due date will be suspended on the due date. If the invoices remain unpaid for 7 days past due date, service will be terminated.

We accept Credit Cards payments, Cash, Online/Offline bank transfer payments to our local/international bank accounts which are state in your invoices.

All the International Credit Card Payment handle by an International Payment Gateway. Customers will asked to pay invoices in USD as the gateway does not support LKR. There will be not refund provided for the currency rate difference due to exchange rate difference with current market rate.

Also we accept Online Payment using PayPal for some services ONLY. Customers will asked to pay invoice in USD as the gateway does not support LKR. There will be not refund provided for the currency rate difference due to exchange rate difference with current market rate.

EqualCloud Solutions reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

## Late Payments:
All accounts are billed according to the dates they were submitted for the registration. If you will not pay for service renew in 2 days after deactivation, your account will be suspended. If you will not pay for service renew in 7 days after deactivation, your account will be terminated.

## LK Domain Registration
After expiration in 30 days of a .LK Domain, there will be a late fee added up-on the renewal + hosting.

## Web Hosting deactivation
If you need to re-activate hosting account expired in 7 days after deactivation, you will charge 25% – 50% of service fee amount as late fee.

## Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

We hope this is helpful in clarifying our service policy. Any complaints about a violations should be sent to support@equalcloud.com.