Terms of service

Master Service Agreement


This Master Service Agreement shall constitute a binding contractual agreement between BELCLOUD HOSTING CORPORATION, a Corporation duly formed in the Republic of Seychelles, ("BELCLOUD HOSTING CORPORATION"), and the subscriber of services ("Customer").


Both parties agree to be bound to the following agreements as found posted on the dediverse.com

web site in their current and revised form:


Terms of Service (TOS)

Acceptable Use Policy (AUP)

Enhanced Privacy Policy (EPP)


As applicable in a Month to Month agreement, both parties agree that BELCLOUD HOSTING CORPORATION reserves the right to supplement and/or amend, at any time, the terms and conditions of its TOS, AUP, and EPP. It is the Customer's responsibility to review BELCLOUD HOSTING CORPORATION policies on a frequent basis to ensure compliance because the Master Service Agreement in place during your most current month applies, not the MSA which was in place when you registered. Changes requested by Customer to any of these agreements or to the Master Service Agreement must be agreed to in writing by BELCLOUD HOSTING CORPORATION.


Both parties agree that notices and legal correspondence to BELCLOUD HOSTING CORPORATION shall be sent to:


BelCloud Hosting LTD

Suite 9, Ansuya Estate,

Revolution Avenue,

Victoria

Republic of Seychelles


Both parties agree that this notice shall be electronically signed upon acceptance of the electronic order

placed by the customer on the BelCloud Hosting Corporation web site. If customer desires a written signed copy of this Master Service Agreement, please contact support@dediverse.com.



Enhanced Privacy Policy


The privacy policy is available here

Acceptable Use Policy


This agreement is part of a Master Service Agreement (MSA) that governs the relationship between

BELCLOUD HOSTING CORPORATION and its customers. All customers ordering and using BELCLOUD HOSTING CORPORATION services must agree to be bound by the MSA. The MSA can be found at:


http://www.dediverse.com


This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the

products and services of BELCLOUD HOSTING CORPORATION, LTD., ("BELCLOUD HOSTING CORPORATION") . The policy is designed to protect the security, integrity, reliability, and privacy of both the BELCLOUD HOSTING CORPORATION networks and the products and services BELCLOUD HOSTING CORPORATION offers to its customers. BELCLOUD HOSTING CORPORATION reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of BELCLOUD HOSTING CORPORATION's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.


Unacceptable use includes, but is not limited to, any of the following:


1. Posting, transmission, re-transmission, or storing material on or through any of BELCLOUD HOSTING CORPORATION products or services, if in the sole judgment of BELCLOUD HOSTING CORPORATION such posting, transmission, retransmission or storage is: (a) in violation of any law or regulation of the Republic of Seychelles (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.


2. Installation or distribution of "pirated" or other software products that are not appropriately

licensed for use by customer.


3. Deceptive marketing practices.


4. Actions that restrict or inhibit anyone - whether a customer of BELCLOUD HOSTING CORPORATION or otherwise - in his or her use or enjoyment of BELCLOUD HOSTING CORPORATION products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.


5. Introduction of malicious programs into the BELCLOUD HOSTING CORPORATION network or servers or other products and services of BELCLOUD HOSTING CORPORATION (e.g., viruses,trojan horses and worms).


6. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.


7. Executing any form of network monitoring that will intercept data not intended for the

customer.


8. Circumventing user authentication or security of any host, network or account.


9. Interfering with or denying service to any user other than the customer's host (e.g., denial of

service attack).


10. Using any program/script/command, or sending messages of any kind, designed to interfere

with, or to disable a user's terminal session.


11. Furnishing false or incorrect data on the order form contract (electronic or paper) including

fraudulent use of credit card numbers or attempting to circumvent or alter the processes or

procedures to measure time, bandwidth utilization or other methods to document "use" of

BELCLOUD HOSTING CORPORATION's products or services.


12. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising

material to individuals who did not specifically request such material, who were not previous

customers of the customer or with whom the customer does not have an existing business

relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services

that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or

spam.


13. Harassment, whether through language, frequency, or size of messages.


14. Unauthorized use or forging of mail header information.


15. Solicitations of mail or any other E-mail address other than that of the poster's account or

service, with the intent to harass or collect replies.


16. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.


17. Use of unsolicited E-mail originating from within the BELCLOUD HOSTING CORPORATION network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by BELCLOUD HOSTING CORPORATION or connected via the BELCLOUD HOSTING CORPORATION network.


18. No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or

of any other right or remedy. If any provision of this policy is deemed unenforceable due to law

or change in law, such a provision shall be disregarded and the balance of the policy shall remain

in effect.

19. Sending more than 100 e-mails per hour or more than 800 e-mails per day shall be considered SPAM and the respective service shall be terminated.


Abusable Resources


Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail

relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further

abuse of such resource. Any abuse of an open resource that occurs after the customer has received such

notification shall be considered a violation of this policy and enforced as such.


Enforcement


BELCLOUD HOSTING CORPORATION may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or Email.

Prior to suspension or termination, BELCLOUD HOSTING CORPORATION attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, BELCLOUD HOSTING CORPORATION reserves the right to suspend or terminate based on a first offense.



Terms of Service


This agreement is part of a Master Service Agreement (MSA) that governs the relationship

between BELCLOUD HOSTING CORPORATION and its customers. All customers ordering and using BELCLOUD HOSTING CORPORATION services must agree to be bound by the MSA. The MSA can be found at:


http://www.dediverse.com



1. Term and Termination: Customer agrees to a month to month contract term for services unless

otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review BELCLOUD HOSTING CORPORATION cancellation policy set forth in Paragraph 8 below. BELCLOUD HOSTING CORPORATION may terminate this Agreement upon non-payment as set forth in paragraph 10 below. At its sole discretion, BELCLOUD HOSTING CORPORATION may terminate this Agreement if Customer violates any terms and conditions of BELCLOUD HOSTING CORPORATION's AUP or this agreement.


2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the

initial order and that date shall serve as the monthly anniversary date ("Anniversary Billing

Date") for all future billings including one time fees, upgrades, additional services, cancellations

and service credits. Fees are due in advance of the monthly service cycle and will be billed on

the anniversary date of each month.


3. Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month

service and will continue each month on the Anniversary Billing Date. Upgrades ordered

after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed

as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your

existing Anniversary Billing Date.


4. Additional Service Fees: Additional services ordered on the Anniversary Billing Date will be

billed for the full month service and will continue each month on the Anniversary Billing

Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to

the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as

full monthly fees added to your existing Anniversary Billing Date.


5. One Time Fees: One time fees, such as setup fees, administrative fees, and late fees are due and

payable at the time they are incurred, and/or agreed upon in writing or via ticket. One time fees,

such as bandwidth overages are due and payable upon an invoice following the billing cycle

in which they are incurred, and are based on standard rates, or as otherwise agreed upon in

writing or via ticket.


The standard rate for bandwidth overages are: EUR 3 per TB Used.


6. Taxes: Customers located in The Republic of Seychelles are responsible for sales tax.


7. Currency Value Changes: As a convenience to our customers, we provide all services to our

customers priced in EUR. However, when providing services, BELCLOUD HOSTING CORPORATION's purchases several components from vendors (Bandwidth Connectivity, Collocation services, etc.) which are prices in alternate currencies than the EUR. As a result of this situation, BELCLOUD HOSTING CORPORATION reserves the right to raise or lower the monthly costs of services provided to our customers based on severe changes in the exchange rates between the EUR, and other major currencies (Such as the USD and CHF). BELCLOUD HOSTING CORPORATION will give the customer 30 days notice of the price change. In the event that the customer does not agree to the price change, the service will be cancelled at the next billing cycle.


8. Service Credits: Service credits will be issued to your Customer account and shall be used to

offset future billable services. Service credits shall not be issued as cash back to the Customer

nor shall the service credits be transferable to other account holders. Service credits shall

expire if Customer's account is fully terminated.


9. Cancellation: BELCLOUD HOSTING CORPORATION requires a written cancellation notice via email to billing@dediverse.com, a minimum of 3 days prior to Anniversary Billing Date for

discontinuance or downgrades of month to month services. Failure to supply the requisite 3

day written notice of cancellation will result in a full billable monthly cycle prior to cancellation.

Any server cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date.


10. Server Data:All Customer data remaining after the cancellation date will be destroyed

for security and privacy reasons.


11. Shared Web Hosting: This section refers to our shared web hosting products (cPanel Accounts).

Customers may not:


a. Use more than 25 percent of the system resources for longer than 90 seconds.

b. Run any type of web spider or indexer

c. Run any software that interfaces with IRC

d. Run any bit torrent application

e. Participate in any file sharing / peer to peer activities

f. Run any gaming software

g. Run CRON entries with intervals of 15 seconds or less

h. Run any MYSQL queries lasting longer than 15 seconds


Accounts violating the above conditions will be terminated without notice without refund.


12. Virtual Private Servers: This section refers to our virtual private servers products (VPS Servers).

Customers may not:


a. Maintain a container load average of 10 or above for a period of 30 minutes or longer.

b. Run any "jail-breaking" software that circumvents the restrictions placed on the

container by the parent node.

c. Run any software that interfaces with IRC

d. Run CRON entries with intervals of 15 seconds or less

e. Run any MYSQL queries lasting longer than 15 seconds


Accounting violating the above conditions will be suspended without notice, and can be terminated at the management's discretion without refund.


13. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to

remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in

a termination of access to Customer services. Failure to remit payment for services within (7)consecutive days, including the Anniversary Billing Date, shall result in complete termination

and all services shall be reclaimed. A late fee of $25 may be incurred for failure to remit payment

for services on or before the monthly Anniversary Billing Date.



14. Data: BELCLOUD HOSTING CORPORATION agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads,

customer portal information, and other situations involving customer data. Customer assumes

ultimate responsibility for data integrity, retention, security, backup, and ownership.


15. Laws: BELCLOUD HOSTING CORPORATION is incorporated in the country of Seychelles, and provides services from the country of Seychelles. Customer agrees to abide by all laws pursuant to services delivered in The Republic of Seychelles depending on the location that the service is delivered. Regardless of service location, this agreement is made under and will be construed in accordance with the laws of the Republic of Seychelles without regard to conflict of the law principals. Exclusive venue and jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in the Republic of Seychelles. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.


16. Indemnification: Customer agrees to indemnify and hold harmless BELCLOUD HOSTING CORPORATION, BELCLOUD HOSTING CORPORATION's affiliates, and its respective officers, directors, attorneys, agents and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines,punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney's fees) brought by a third party under any theory of legal liability arising out of related to customers content, illegal activity and/or actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.


17. Limitation of Liability: BELCLOUD HOSTING CORPORATION shall not be liable to the customer for harm caused by or related to customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. BELCLOUD HOSTING CORPORATION shall not be liable to customer for lost profits, indirect, special or incidental consequential or punitive damages. Notwithstanding anything else in this agreement, the maximum aggregate liability of BELCLOUD HOSTING CORPORATION and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the customer for hosting services for the three months prior to the occurrence of the event(s) giving rise to the claim.


18. Legal Compliance: Customer further represents and warrants that he/she has full authority and

power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally incapacitated to execute this Agreement.

19. Electronic Signature: Acceptance by Customer of the Agreement incorporating the Terms

of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby

initiates billable services and is deemed complete by agreement to the terms as described on the

online signup form(s) and completion of the ordering process.