CloudHaus Web Hosting Solutions provides web hosting services from shared hosting to VPS hosting around the world. Please refer below terms of service. If you have any questions, please contact us.

1. General

Shared Hosting Service (including Web Hosting, Business Hosting and Email Hosting) is intended for the subscriber’s use only.  All subscribers on the shared hosting services may not sublease, subhost or give away any promotions of the resources other than the subscriber such as creating sub-accounts for other people for profit, hosting commercial and non-commercial entities that are not registered or owned under the owner/subscriber, resale sub-accounts and etc. Doing any of the mentioned examples will result to an immediate termination of the subscriber’s account.

2. Content

All services offered by CloudHaus Web Hosting Solutions needs to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of AU, US, EU countries and other international law is strictly prohibited. The following includes but not limited to:

Copyrighted material
Material we judge to be threatening or obscene
Material protected by trade secret or other statute

The subscriber agrees to indemnify and hold harmless CloudHaus Web Hosting Solutions and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornographic materials and sex related merchandising are prohibited on any CloudHaus’ hosting platforms. This includes websites that may imply sexual content, or link to adult content websites. This also applies for websites that promotes illegal activities or content that may be damaging to CloudHaus Web Hosting Solutions server or any other third party servers.

The following contents are prohibited (from any form of website materials, domain names, or links) but not limited to:

Pirated software

Hacking sites, cracking programs or archives, and key generators

• IRC Software
• Warez sites
• Phishing sites
• Hosting and distributing virus/virii, worms, trojan horses, spyware, malware, or other infectious material
• Distribution of music, photo, video or any other media material with no authority or owner does not own the copyright
• Adult sites
• Child pornography
• Kidnapping material
• Content that promotes terrorism, racist material, or bomb/weapon instructions
• Exposure of any trade secret
• Gambling Sites
• Pharmaceuticals/Drug Sites
• Game services (dedicated game server programs)
• File storage/image hosting/file repository/streaming/backup sites
• Engaging in or promoting behavior that is defamatory, harassing, abusive or otherwise objectionable

CloudHaus will be the sole arbiter as to what constitutes a a violation of this provision. Contents that does not meet the above standards will be removed without prior notice.

CloudHaus strongly suggest ensuring compliance to illegal or unlawful activities from the subscribers. As a standard practice, CloudHaus will not monitor all its subscribers to ensure that they comply with these polices or any applicable laws. In an event that CloudHaus becomes aware of these unlawful activities, action maybe taken to cease these activities, including but not limited to, removing the information, shutting down an account or website, terminate the service, or any other action deemed appropriate.

CloudHaus Web Hosting Solutions’ Terms of Service is actively and strictly enforced. It reserves the right to directly take action without prior notice against a subscriber that violates any of these policies.

As part of CloudHaus security measures, it recommends that all its subscribers assume that all their online communications are inherently insecure and take steps to enforce the security of information transmitted. CloudHaus does not not held responsible for the security of information transmitted using CloudHaus’ platforms or facilites.

CloudHaus will not monitor any contents from the electronic messages sent or received by its subscribers unless otherwise required by law, government authority from any countries, or when public safety is at stake. To maintain CloudHaus’ operation network, and to comply with public safety, any of the legal actions raised such as court orders, subpoenas, summons, warrants, regulations, or government requests, CloudHaus may disclose information, including but not limited to, information from a  respecting to subscriber, transmission made using our network or infrastructures, or a web site hosted on CloudHaus servers. CloudHaus is not obliged to inform the subscriber that information requested from authorities has been provided, and in some cases may be prohibited by law from giving such notice to the subscriber or any person.

By subscribing CloudHaus services, subscribers indemnify CloudHaus for any violation of the service agreement or its own negligence that results in loss CloudHaus or the bringing of any claim against CloudHaus by any third-party. If CloudHaus is sued because of subscriber’s activity that go against CloudHaus Terms of Service, the subscriber will pay any damages accorded to CloudHaus, plus the costs and reasonable attorney’s fee.

To report cases of prohibited contents and materials, please send an email to [email protected] for an investigation. Account holders or subscribers violated of any local or foreign laws will be condoned and accounts will be shutdown.

3. Resource-intensive Scripts

Any website or scripts that utilises a higher than accepted amount of server resources (such as, but not limited to, CPU cycles, RAM usage, and network resources) will be given the option to reduce the resource utilisation to an acceptable level, or upgrade its web hosting service to a higher plan that can accomodate the server resource usage. Websites or scripts constantly found abusing common server resources will be suspended and/or terminated. Resource-intensive scripts such as Magento (as per Magento’s developer’s advice), PennyAuction, GroupBuy are not allowed to be run in a shared hosting environment.

4. Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.

ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load. Unauthorized background processes shall result in immediate termination of the account. CloudHaus Web Hosting Solutions maintains the right to cancel accounts at its discretion.

PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

5. Commercial Advertising (Email)

• Spamming, i.e. the sending of unsolicited email, from any CloudHaus Web Hosting Solutions server or any server located on the CloudHaus Web Hosting Solutions network is STRICTLY prohibited. CloudHaus Web Hosting Solutions will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at CloudHaus Web Hosting Solutions.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by CloudHaus Web Hosting Solutions customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any CloudHaus-hosted domain, or referencing any CloudHaus Web Hosting Solutions account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

6. Server Abuse

Any attempts to undermine or cause harm to a CloudHaus Web Hosting Solutions server or subscriber of CloudHaus Web Hosting Solutions is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of CloudHaus Web Hosting Solutions and all account holders must adhere to the above policies.

7. Scheduled Maintenance and Downtime

CloudHaus Web Hosting Solutions will use its commercially reasonably efforts to provide services 24 hours a day, 7 days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond CloudHaus Web Hosting Solutions’ control or which are not reasonably foreseeable by CloudHaus Web Hosting Solutions, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks (e.g. denial of service attacks), or network congestion or other failures. CloudHaus Web Hosting Solutions will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. CloudHaus Web Hosting Solutions has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

8. Backups & Restoration

Backup

Remote Automatic Data Backup (For Files & Folders)

CloudHaus Web Hosting Solutions provides free data backup for WEB HOSTING and BUSINESS HOSTING plans, and disaster recovery service for VPS HOSTING plans. The data backup service is a user-managed backup application, allowing customers to administer their own backup and restoration services from their cPanel account.

• All clients are expected and encouraged to perform their regular backups to their local storage/computer.
• All clients are urged to perform backups prior to any major updates to their website.
• All free data backups are merely provided as a convenience to clients and CloudHaus Web Hosting Solutions will not accept any liability for the availability and completeness of the client data backups.
•  CloudHaus will maintain up-to-date backups to our best efforts.

WEB HOSTING (DATA BACKUP)

• Data backup will be on a last 2 weeks – 1 copy per week basis
• Free self-service backup & restore application in cPanel.
• Regular automated backups.

BUSINESS HOSTING (DATA BACKUP)

• Data backup will be on a last 7 days – 7 copy basis.
• Free self-service backup & restore application in cPanel.
• Regular automated backups.

Remote Disaster Recovery Backup (For Image-level Recovery)

CloudHaus provides free disaster recovery backup for VPS HOSTING plans. The disaster recovery service acts as an image-level backup solution for emergency cases.

Disaster Recovery is designed for protecting data loss in emergencies of failure in our full systems and CloudHaus VPS Cluster Infrastructure, to ensure business continuity for CloudHaus and its customers in any severe events that may happen to our infrastructure.

• All clients are expected and encouraged to perform their regular data backups to their local storage/computer.
• All clients are urged to perform backups prior to any major updates to their website.

DISASTER RECOVERY FOR VPS HOSTING

• Disaster recovery backup will be on a last 1 day – 1 copy basis.
• Regular automated backups.

ENHANCED DISASTER RECOVERY FOR VPS HOSTING

• Enhanced Disaster recovery backup with coverage up to last 7 days – 7 copies.
• Includes 1 free Full VPS Restoration per month.

Add-on – Automated Daily Backups (Last 7 days – 7 copies)

The premium data backup service will be available as an add-on for WEB HOSTING and VPS HOSTING plans.

Daily backups will be automated by the subscribed backup service, providing up to the last 7 days of backup.

• The add-on backup will be on a last 7 days – 7 copies basis.
• Includes a self-managed data backup and restoration platform.
•  CloudHaus will ensure that backup copies are up to date and complete.

*CloudHaus backup service runs on a daily basis and overwrites any prior backups according to the type of backup plan subscribed. The service is provided to shared, business and VPS hosting accounts as a form of convenience. CloudHaus does not maintain backup copies for dedicated hosting accounts. CloudHaus reserves the right to modify or terminate the service at any time.

 

Restoration

For WEB HOSTING and BUSINESS HOSTING plans:

•  CloudHaus provides a free self-service backup & available in all applicable cPanel hosting accounts.
• Clients are able to conduct full account/single file/email/database/cron jobs/SSL Certificates restoration within their cPanel account.
• Clients have to ensure that they have the required backup copy.
•  CloudHaus Web Hosting Solutions will not accept any liability for any loss of data before or after the user’s restoration process.
•  CloudHaus Web Hosting Solutions provides assisted restoration services on a per request basis. Each request will be chargeable at AU$25.

For VPS HOSTING plan:

• Disaster recovery services are purely administered in cases of complete server or hardware failure to restore all affected VPS accounts.
• Clients are advised to perform regular backups for their VPS accounts, or subscribe to our off-site daily backup services.
• The state of the hosting account will be according to the available backup copy. Any file changes made between the date of the backup copy to the current version will not be kept.
• Individual file/folders restorations are not applicable for VPS HOSTING accounts. Such requests will be chargeable at AU$250 per incident.

For customers with Automated Daily Backup addon – (Last 7 days – 7 copies):

The backup covers files, folders and databases.

Shared Hosting

• Shared Hosting customers with the addon will be entitled to 1 free restoration per month
• Additional restoration requests may be chargeable at AU$25 per incident.

VPS Hosting

• VPS Hosting customers with the addon will be provided with a Self-Managed Data Restoration platform.

 

For Managed Restoration and Site Clean-up

CloudHaus provides managed restoration and cleanup services for websites. The backup copy used will be based on the user’s subscribed backup copy, and will be chargeable at AU$120 per request for a single website. CloudHaus will restore the site to the latest backup copy, and clean up any malicious files present in the account. Furthermore, CloudHaus will investigate the root cause of the issue, update the related software if necessary and advise customers on how to better secure their application and account.

For Reinstatement and Restoration for Terminated Accounts:

Clients have the responsibility to ensure that their hosting services are paid duly. For reinstatement and restoration services for terminated accounts, each request will be chargeable up to AU$150. Reinstatement and restorations of the account will be subjected to the availability of the backup copies.

9. Customer’s data

•  CloudHaus will never use or sell existing customer data on our servers, any purpose.
•  CloudHaus is not responsible for data loss or for data loss due to third party software that is not maintained and managed by CloudHaus.
• Clients have the full responsibility for all files and data and are to maintain their own appropriate backup to safeguard their data. CloudHaus is not responsible for the data residing on your account.
•  CloudHaus will not be liable for any data loss that are not within our control, such as in the events of hardware failure, time difference between backed up data and point in time of failure.

Only customers who subscribed High-Availability (HA) services remote backup will have our data protection guarantee. CloudHaus will ensure the safekeeping and completeness of data residing in our servers, with the exception of storage devices corruption which happens on a rare occurrence

10. Refunds

Refunds will be given at the discretion of the Company Management. All fees outside of our 30-day money back guarantee are non-refundable and non-negotiable.

30-Day Money Back Guarantee

At CloudHaus, your satisfaction is our top priority and we strive to provide the best service we can. However, if you have tried us and decide that your plan does not sufficiently meet your needs, you may cancel within 30 days for a refund. The 30-day money back guarantee only pertains to basic hosting plans (for the “Web Hosting” category of products, such as Standard Value, Business Plus, Pro Expert and etc) and only to your hosting service.

Any setup fees are NON-refundable.

The cost of the domain (e.g. AUD20 for .com and AUD30 for .com.au) will be deducted from the refund amount if a free promotional domain was registered. Domain names are non-refundable, all registrations/transfers/renewals are final. This is because once a domain is registered/transferred/renewed, payments are made directly to the Domain Registry and we are unable to request a refund from them. However, the domain name will still be rightfully owned by the registrant.

Domain refunds are only applicable if the registration was performed by a CloudHaus representative and was mistyped by them. All credit card payments are subjected to 5% transactional charges from our payment processor, which will be deducted from the total refund amount.

For any billing discrepancies, customers can request a refund or credit note for the amount overcharged, within 90 days from the date when payment is made.

Specific to the Free .COM.AU programme, users enrolled in the programme are not entitled to the 30-day money back guarantee for the web hosting plan subscribed.

Any violation of CloudHaus Web Hosting Solutions’ Terms of Service Agreement shall result in no refund.

11. Limitations on Email

All hosting accounts are prohibited from conducting mass emailing or email marketing activities. Mass emailing or email marketing activities are determined by the following, but not restricted to:

 

• The act of sending the same email message to a large number of people at the same time.
• An email message sent to a large number of people at the same time.

 

 

At CloudHaus discretion, we may determine by but not limited to mass sending of emails with similar content that may or may not be promotional or informational in nature.

CloudHaus reserves the right to suspend any found account without any prior notice. Customers should consider mass mail/marketing automation services for their mass mailing/email marketing requirements.

The limit for normal email activities are capped at either 200 or 1,000 emails per hour, depending on the plans you are on. If you exceed the set limit, you will be unsuccessful in sending out your emails due to the shared usage of email resources with the other users on the same server. If you need higher email sending limits, you may consider our dedicated server plans (more information).

12. Limitations on Use (Server resources / Bandwidth / Email)

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Misusage of system resources, such as running programmes that consume excessive amounts of CPU, Disk or Network resources is not allowed. Users on VPS or Dedicated Servers are prohibited to utilise the servers for Cryptocurrency Mining activities. CloudHaus reserves the rights to suspend or terminate any user accounts found to have installed and run Bitcoin Miner applications in any of the CloudHaus Cloud Products.

13. Fair use on Bandwidth / Data Transfer And What “Unmetered” Means

CloudHaus does not set arbitrary limits on the exact amount of resources a Subscriber can use. In good faith and subject to these Terms, CloudHaus makes every commercially-reasonable effort to provide its Subscribers with the resources needed to power their web sites successfully, as long as the Subscriber’s usage complies with these Terms. By not setting arbitrary limits on resources, CloudHaus is able to provide simple, consistent pricing to Subscribers for their websites.

In order to ensure a consistent and quality experience for all Subscribers, CloudHaus has automated safeguards in place to protect against any one website from consuming too many resources, and adversely impacting the other Subscribers until CloudHaus can evaluate said site’s resource needs. CloudHaus’ offering of “unmetered” services is not intended to allow the actions of a single or several Subscribers to unfairly or adversely impact the service experienced by other Subscribers.

CloudHaus’ shared hosting service hosts multiple Subscriber web sites from the same server, and allow them to share server resources. CloudHaus’ service is designed to meet the typical needs of individuals and small business website Subscribers. It is NOT intended to support the sustained high demands of large enterprises, international businesses, or non-typical applications better suited to a dedicated server.

CloudHaus does not set arbitrary limits on the exact amount of traffic a website can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, CloudHaus reserves the right to limit processor time, bandwidth, processes, memory, or number of files, in cases where it is necessary to prevent other Subscribers from being negatively affected.

To prevent excessive bandwidth usage in a shared environment, and to maintain the quality of data transfer rates for each shared hosting customer, certain heavy bandwidth-intensive sites are discouraged, such as, but not limited to, the following: file sharing (music, video, etc), game servers, etc. Bandwidth usage is checked daily, and successive abusers will be required to upgrade their plans, or failing that, may be subjected to immediate account suspension.

For users that require high data transfer rates, higher resources, and dedicated bandwidth, you should consider upgrading to a VPS account or Dedicated Server to ensure the best resources for your website. Dedicated bandwidth is only applicable for non-shared web hosting.

14. Account Setup, Termination, and Billing

Upon submission and confirmation of your order, CloudHaus Web Hosting Solutions reserves the right to process your order and invoice you for the fees. The account will be charged on the day the order is processed, regardless of the services’ activation date. Our system will automatically generate the invoice when your account is due for renewal. If you wish to terminate your account, contact our billing department for termination, and upon verification, your invoice and related subscription services will be stopped. Termination requests should be made with 1 month notice in advance. Customers may be billed for, on a pro-rated basis, for any outstanding charges.

Cheque Orders: Accounts for subscribers who wish to pay by cheque will be setup when the cheque is processed by the bank and funds are received.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the due date. If your account has been disabled, you may be charged a reconnection fee of up to AU$150 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the due date, the account will be terminated and all information within the account will be deleted. CloudHaus reserves the right to invoice you for subscription fees, should there be no termination requests for your services before they expire.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Late Fees: Payments overdue by 60 days will be subjected to a 10% late fee.

Resuming service after suspension: Customer will still be required to pay for the hosting or domain charges incurred during the suspension period of the product. CloudHaus will not offer any form of product fees reduction for the period of suspension. CloudHaus reserves the right to charge reactivation fees for services that are resumed after the suspension or termination phase.

15. Log Files (Logs)

For Managed Services, CloudHaus stores any web access log files for a maximum of 30 days only. CloudHaus does not keep web access log files for Unmanaged Services. Should the customer have specific log file requirements, e.g. for audit/compliance, do get in touch with our sales team to customise a hosting package that enables the storage of log files.

There will be a one-time processing fee of AU$500.00 to retrieve rotated log files if deemed required by the customer, or for investigation purposes.

16. Domain Names

For all newly registered domain names, customers have the responsibility to verify any web or other content related to the domain. This can be done by visiting the domain name in question. If there are any unknown content present, please contact us immediately and our support team will investigate and rectify the issue.

Parked Domain Names: There is no charge for parking additional domain names.

Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are free.

Domain Name Transfers: CloudHaus Web Hosting Solutions shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Misspelt Domain Names: For all domain registrations, CloudHaus will not be able to determine if the spelling of the domain name was intended or not. Ownership of deliberately misspelt domain names is common to cater to the different spelling abilities and nature of typographical errors of all internet users, apart from the ownership of the original domain name. Customers are to ensure that purchased domain names are spelt accurately and CloudHaus will not be able to provide a refund for misspelt domain names. Specific to only .COM.SG and .SG domains, you are able to request for a domain name change within 24 hours of the domain name purchase, however subjected to the availability of the new registration and CloudHaus Domain Management team’s approval.

17. Courtesy Services for Customers

All services such as backup and cPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. CloudHaus Web Hosting Solutions is not responsible for lost data or for lost data due to third party software that is not maintained by CloudHaus Web Hosting Solutions programming staff. (cPanel is not associated with CloudHaus Web Hosting Solutions)

18. Non-disclosure of Confidential Information

CloudHaus agrees not to use any Proprietary or Confidential Information (“Confidential Information”) disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, maintaining and troubleshooting the customer’s account.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

19. Service Level Agreement (SLA) – Network

CloudHaus’ goal is to achieve 100% Web Site Availability for all customers.

Subject to the exceptions below, if the Web Site Availability of customer’s Web site is less than the up-time guarantee of 99.9%, CloudHaus will issue a credit to the customer, with the credit being calculated on the basis of the monthly service charge for the affected Services in the following manner:

Upon breaching the 99.9% Up-time Guarantee SLA, for every 30 minutes block of downtime: 5% of customer’s monthly hosting subscription. Maximum compensation is up to 1 month’s worth of the customer’s subscribed service that is affected.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

1. Circumstances beyond CloudHaus’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA
2. Failure of access circuits to CloudHaus networks, unless such failure is caused solely by CloudHaus
3. Scheduled maintenance and emergency maintenance and upgrades
4. Third-party digital or physical attacks on CloudHaus servers, networks, and data centres, such as distributed denial of service (DDoS) attacks, or other forms of attacks or hacking.
5. DNS issues outside the direct control of  CloudHaus
6. Issues with setup of services e.g. HTTP, FTP, POP, IMAP, or SMTP
7. False SLA breaches reported as a result of outages or errors of any CloudHaus measurement system
8. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of CloudHaus’ Terms and Conditions and Acceptable Use Policy
9. Customer’s software causing a unreasonably high level of server resource usage
10. E-mail or webmail delivery and transmission
11. DNS (Domain Name Server) Propagation
12. Outages elsewhere on the Internet that hinder access to your account. CloudHaus is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CloudHaus will guarantee only those areas considered under the control of CloudHaus: CloudHaus server links to the Internet, CloudHaus’ routers, and CloudHaus’ servers

20. Service Level Agreement (SLA) – Hardware

For hardware-related issues that require a replacement, the hardware replacement is guaranteed to be complete within SIX (6) hours. The hardware replacement timer begins once the customer opens a support ticket and CloudHaus determines the cause of the problem to be faulty hardware. The time it takes to troubleshoot and identify the issue/solution is outside of the SIX (6) hours Hardware SLA. The SIX (6) hours Hardware SLA also does not include the time required to install/setup/configure the operating system or applications.

Hardware SLA is not inclusive of the scheduled and upgrade maintenances that CloudHaus carries out occasionally. Hardware SLA is on a per-incident, and per-hardware component basis.

For every 30 minutes of downtime: 5% of customer’s monthly hosting subscription. Maximum compensation is up to 1 month’s worth of the customer’s subscribed service that is affected.

21. Service Level Agreement (SLA) – 24/7 SuperSupport

CloudHaus offers 24/7 support for its customers. The support provided covers only services related to the Customer’s hosting subscriptions with CloudHaus, and does NOT include application support such as WordPress support, Joomla support, Outlook support, etc.

CloudHaus’ “6-hour resolution time” statement applies to most hosting-related issues that are within our control. External parties such as registrars, hosts, software/service providers, may delay resolution time. Resolution time may also vary due to more complex issues, and in these cases, the Customer will be informed by CloudHaus’ support team.

22. Limitation of Damages

Recovery of damages from CloudHaus Web Hosting Solutions may not exceed the amount of fees it has collected on the account.

23. Prices and Quotations

Any quotations and prices provided by CloudHaus Web Hosting Solutions are accurate up to 30 days from the date of the email sent to the recipient, unless explicitly stated in the said email. CloudHaus reserves the right to provide updated sales quotations after the validitiy period.

Unless stated otherwise, the Singapore Goods and Service Tax will be absorbed by CloudHaus Web Hosting Solutions for the year 2012 and 2013.

For telegraphic transfers, do note that CloudHaus will not bear any underlying bank charges for the payment processed. Please check with your respective banks for any additional charges levied on such transfers.

24. Security Policies

Please refer to our document on our security policies.

25. Partners, Person, and Entities, Such As Web Design Partners

Any web design partner listed on our website are included as convenience to our customers who are looking for web design services, and are not necessarily reflective of the web design provider’s capabilities, pricing competitiveness, or performance. No representation is being made that any particular web design service provider will meet the customer’s expectations. Accordingly, we do not offer advice regarding the quality or suitability of any web design provider and we assume no responsibility or liability for any advice or services rendered by any person or entity mentioned, featured on or linked to from our website.

26. Access and Control Policy

When a new account or domain, as applicable, is registered with or transferred to CloudHaus or with one of its affiliates, the process requires and results in the creation of the following within the records of CloudHaus, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

If a person contacts CloudHaus and claims that he or she is entitled to access to an account, website, or domain registered with CloudHaus or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), CloudHaus will give access to the person who acceptably evidences he or she has substantially all of:

1. name of the person with the registered;
2. email address;
3. the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and,
4. a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory).

Otherwise, CloudHaus will not give access and control to a claimant unless CloudHaus is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring CloudHaus to give such access and control to said claimant.

Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control;

Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against CloudHaus arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases CloudHaus from all liability and all claims for damages or any other liability whatsoever that may arise out of CloudHaus’ following said policy and procedure.

28. Transfer of Hosting Service (Hosting Migrations)

CloudHaus may, at our sole discretion and after your request, try to assist you to move your web hosting account to our infrastructure (“Hosting Migration”). Hosting Migrations are a service that are provided as a courtesy, and there are no guarantees regarding the success, possibility, or time required to perform and complete a Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or having more than 100,000 files. Some hosting platforms/companies have data in a proprietary or incompatible format, which may mean we will be unable to assist you in performing a Hosting Migration.

By requesting for a Hosting Migration, you represent and warrant that you are authorized to:

1. Provide us with access to your third-party hosting account, and
2. Allow us to migrate the data at the third-party host to us.

After a Hosting Migration has been performed, you are solely responsible for reviewing the functionality and accuracy of migrated content. If you are satisfied with the Hosting Migration, you will need to update your domain name’s DNS records so that the website is accessible in its new location. We will not backup any data during a Hosting Migration, and you are recommended to backup your third-party hosted website before migration. Any changes or revisions to your website during the migration process may cause complications and is advised to be avoided.

You agree that:

• You retain sole contractual and any other fiduciary or legal responsibilities related to your third-party hosting account.
• We are not liable for any delay in website availability, or loss of data related to your Hosting Migration.

29. Transfer of Ownership

CloudHaus is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with CloudHaus or its affiliates. By accessing CloudHaus’ system, registering, or using any of the services provided by CloudHaus, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with CloudHaus or any of its affiliates are subject to the terms and conditions of this section of these Terms.

CloudHaus will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with CloudHaus or its affiliates only in the event that at least one of the following occur:

1.  CloudHaus is served with a valid order of a court, agency, or appropriate internet controlling entity such as ICANN, requiring CloudHaus (or affiliate) to transfer such ownership to said claimant.
2. there is received by the Compliance Department a written statement (in a form acceptable to CloudHaus or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms.

Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within CloudHaus; and, further, that any other changes made directly by Subscriber or by others within the online records of CloudHaus or of its affiliates shall not be deemed effective to give notice to CloudHaus or its affiliates of any changes in said ownership.

30. Disputing Site or Account Ownership

Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by CloudHaus or in an associated CloudHaus account. CloudHaus is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by CloudHaus or in an associated CloudHaus account, and, in CloudHaus’ sole judgment, there is not certainty as to the ownership of or rights in said site or account, then CloudHaus will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves CloudHaus of all liability or obligations concerning the dispute.

Any actions taken by CloudHaus in such ownership disputes will be subjected to a fee of AUD25 for the adminstrative overhead for the investigative actions, and will be deemed due and payable immediately.

If the disputing persons fail so to resolve the dispute within what CloudHaus, in its sole judgment, deems to be a reasonable time, then CloudHaus, at its option and without any obligation to do so, may, in accordance with and subject to the laws of Singapore, file an interpleader action in a court of competent jurisdiction within the Republic of Singapore for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse CloudHaus for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to CloudHaus under this process shall be deemed due and payable immediately after judgment or settlement is reached.

31. Notification of Transfer of Hosting Account Ownership

Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. CloudHaus will not be liable for any inability to access the account due to a failure to release access information. CloudHaus reserves the right to accept or reject the request for any reason in its sole and absolute discretion.

32. Newsletter Mailing List

By signing up for a billing account, you agree to be subscribed to our company’s mailing list. This list will be used to announce any maintenance, scheduled down-times, promotions, updates to our products, and similar topics. You can unsubscribe from the newsletter at any time.

33. ICANN Domain Registrar Agreement

By signing up for a domain name with CloudHaus, you are governed by ICANN and its policies. The domain registrant agrees to abide to the ICANN domain legal agreements. For education purposes, you may refer to official ICANN site.

Information on WHOIS Service

Under the ICANN Registrar Policy, all domain registrants are required to provide accurate contact information upon domain registration. Contact information is required by ICANN and will be publicly displayed in the Public WHOIS directory . The information is also used by CloudHaus to reach the registrant in any cases of issues pertaining to the registered domain. Domain registrant information used for the WHOIS data is utilised for legitimate purposes to aid in the maintaining of a healthy internet ecosystem, with some functions as follows:

• Finding and Fixing Potential System Problems
• Checking availability of Domain Names
• Fight against Spam, Fraud Registrations and Trademark Infringement

Information collected for WHOIS Database

• Registrant Name
• Registrant Contact Name
• Registrant Address
• Registrant Phone Number
• Registrant Email Address

ID Protection Service

CloudHaus ID Protection service is available for all domains registered via CloudHaus. The ID Protection service acts as a proxy by showing the contact information for CloudHaus’ ID Protection service instead, shielding your personal information from public WHOIS searches. ID protection subscriptions can be obtained for all new domain registrations or domain transfers to CloudHaus.

34. Cloud BackupService

All Cloud BackupService products are supported on the listed platforms in the product page. However, the following user-level factors may affect the compatibility of the service:

• Software incompatibility with customised system setup
• User settings on personal workstation or servers
• Network Configurations

In any case of service incompatibility, users are able to request for a full refund within 30 days of the subscription of the service. Users are also encouraged to sign up for our 1-month free trial to test system compatibility before subscribing to the mentioned service.

35. General

Terms Of Service are subject to change without any prior notification. Anything not listed in the Terms of Service is open to interpretation and change by CloudHaus Web Hosting Solutions management without prior notice. These Terms of Service are a legally binding contract between the subscriber and CloudHaus Web Hosting Solutions. By opening an account, the subscriber agrees to the above-stated terms.

All prices, with the exception of the 30-day money back guarantee, are non-refundable and non-negotiable.

The 30-day money back guarantee only pertains to shared hosting plans.

Any violation of these Terms of Service will result in termination of the account. CloudHaus Web Hosting Solutions maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice via email or by other means.