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Terms of Service

Revised 18 May 2016

General Provisions

  1. These Terms of Service (these "Terms") are established by CUBECLOUD ("CUBECLOUD", "we", "us" or "our") and apply to all products and services purchased or used by you from us (collectively, the "Services"). These Terms constitute the basis of the rights and obligations of the parties and of the resolution of disputes between them.
  2. You must read these Terms in full before registering an account or placing an order. Where you check the box indicating your acceptance of these Terms on the relevant page and submit an order or complete payment, you will be deemed to have read, understood and agreed to these Terms, the Acceptable Use Policy and the Privacy Policy (collectively, the "Site Policies").
  3. You enjoy the rights conferred by these Terms and must perform the obligations arising hereunder. Any dispute arising between you and us in the course of your use of the Services shall be governed by these Terms.

Acceptable Use

You must not use the Services to engage in any of the following:

  1. running cryptocurrency mining, traffic mining, unattended video playback, cluster computing, mutual traffic exchange or other programs that occupy CPU, bandwidth or disk resources substantially over an extended period;
  2. initiating or participating in network attacks, including but not limited to DDoS, ARP attacks and hijacking, weak-password scanning, brute-force attacks, and any other conduct that interferes with the operation of another person's systems;
  3. using multi-multiplier packet-flooding tools such as FinalSpeed, or saturating bandwidth continuously over an extended period. VPS products are provided with shared bandwidth; you must use them reasonably and must not affect other customers;
  4. uploading, storing or disseminating obscene or pornographic content (including child pornography) or any other unlawful content;
  5. reselling, renting out or publicly sharing the Services without our prior written authorization;
  6. building nested virtualization within the Services, except on dedicated servers;
  7. registering multiple accounts under the same customer, or using multiple accounts to obtain referral rebates;
  8. abusing the ticket system, including but not limited to insulting or threatening our staff, submitting meaningless tickets, repeatedly pressing an issue after a solution has been provided, or submitting tickets in bulk;
  9. building or providing VPN services or proxy services of any kind, including but not limited to services using OpenVPN, PPTP, L2TP, IPsec or WireGuard protocols;
  10. disseminating false information or otherwise damaging our goodwill.

Billing and Currency Settlement

  1. We sell in three currencies: Chinese Yuan (CNY), Hong Kong Dollar (HKD) and US Dollar (USD). The price in each currency is determined separately on the basis of payment-channel costs and other operating costs, and is not a simple conversion at exchange rates.
  2. You may switch currencies on the sales page to view the corresponding price. The final charge will be made in the currency corresponding to the payment method you select, at the price applicable in that currency.
  3. Cross-currency top-ups: In accordance with the principle set out in the preceding paragraph, where you make a top-up through a channel in a currency other than your account currency (for example, where a CNY account is funded by a USD payment), the system will settle the amount by reference to the ratio between the respective prices in those currencies. For example, a top-up of 1 CNY requires payment of 0.1745 USD or 1.3500 HKD.
Order CurrencyPayment MethodSettlement Price
US Dollar (USD)Alipay / WeChat (CNY)Chinese Yuan (CNY) price
Chinese Yuan (CNY)PayPal (USD)US Dollar (USD) price
Chinese Yuan (CNY)Credit Card (HKD)Hong Kong Dollar (HKD) price

Refunds and Chargebacks

  1. Except in the following circumstances, Services already sold are non-refundable:

(1) we cease to provide the relevant product before the expiry of the service term;
(2) the server is continuously unavailable for more than 24 hours for reasons attributable to us.
In such circumstances, the refund shall be calculated on a pro rata basis by reference to the remaining service term.

  1. Where, having acknowledged these refund rules, you nevertheless initiate a chargeback or dispute with a payment institution, such chargeback or dispute shall be deemed a malicious chargeback. We shall be entitled to terminate the Services, close your account, place you on a blacklist, and recover from you, in accordance with law, all losses arising therefrom.

IP Addresses

  1. We operate automated testing systems to ensure that IP addresses are usable at the time of delivery.
  2. During the service term, where an IP address is blocked or its access restricted by any third party (including but not limited to carriers, firewalls, websites or blacklisting organizations) as a result of your conduct in using the Services, you shall bear the responsibility yourself. On the premise that we ensure the normal operation of the product itself, you may not apply for a refund on the ground that an IP address has been blocked.

Compliance and KYC

  1. We conduct our business in accordance with the laws and regulations of the jurisdictions in which the Services are provided (including but not limited to the Hong Kong Special Administrative Region and the United States of America). In using the Services, you must also comply with the laws and regulations of the jurisdictions in which the Services are provided and of your own jurisdiction, and you must not use the Services to engage in any activity prohibited by the laws of the People's Republic of China.
  2. Pursuant to Article 24 of the Cybersecurity Law of the People's Republic of China, the Personal Data (Privacy) Ordinance of Hong Kong (Cap. 486) and the relevant laws of the United States, we are entitled to require you to complete real-name/KYC verification. The identity information you provide must be true, accurate and complete. Where verification is not completed or the information provided is untrue, we are entitled to suspend or refuse to provide the Services.
  3. Complaints concerning copyright infringement will be handled by us by reference to the Digital Millennium Copyright Act of the United States (DMCA, 17 U.S.C. § 512) and the Copyright Ordinance of Hong Kong (Cap. 528). In respect of conduct involving unauthorized access to computer systems, we will, by reference to the relevant provisions of the Computer Fraud and Abuse Act of the United States (18 U.S.C. § 1030) and the Crimes Ordinance of Hong Kong (Cap. 200), cooperate with law enforcement agencies in lawful investigations.

Data and Backups

  1. Our products employ hardware RAID (RAID 5 / RAID 10) to reduce the risk of data loss caused by hard-disk failure, but we do not provide off-site backups (other than where an off-site backup service is ordered separately for a fee). You should back up important data yourself.
  2. After the expiry of the service term, we may retain your data temporarily, but we give no guarantee in this respect; retention shall not exceed 7 days, after which the data will be permanently deleted. Any data loss resulting from a failure to renew in time shall be borne by you.

Disclaimer

We shall not be liable for any interruption of the Services, degradation of performance or loss of data arising from any of the following causes:

  1. your arrears, failure to renew, or failure to remember to renew;
  2. improper operation by you or other causes attributable to you;
  3. your content or conduct violating the Site Policies or any laws or regulations;
  4. force majeure, including natural disasters, war, governmental acts and social events;
  5. accidental failure of hardware or hard disks;
  6. fluctuations, maintenance or cable cuts on the lines of third-party carriers.

In addition, we are responsible for ensuring the normal operation of the Services we sell; we are not responsible for software installed or configured by you, and we assume no technical support obligation in respect thereof.

Amendment and Interpretation

  1. We are entitled to amend the Site Policies. Amended versions take effect on the date of their publication on the Site, and no separate notice will be given to you individually at that time; your continued use of the Services constitutes acceptance of the amended version.
  2. To the extent permitted by law, the right to interpret these Terms is vested in CUBECLOUD.