Legal

Last updated on Jun 27th, 2020

This User Acceptable Policy ("UAP") governs your use of the Services and is incorporated by reference into Hupercloud's Terms of Service. Unless otherwise stated, defined terms in this UAP have the same meaning as provided in the Terms of Service. Hupercloud may modify this UAP at any time without notice.

The Services provided by Hupercloud may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Hupercloud reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this UAP in any manner may result in suspension or termination of the Services or removal of content with or without notice.

Prohibited Use or Content

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Hupercloud to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this UAP:

  1. Disclosing sensitive personal information about others;
  2. Phishing or engaging in identity theft;
  3. Promoting or facilitating prostitution or sex trafficking;
  4. Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
  5. Hosting, distributing or linking to child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children) or content that is harmful to minors;
  6. Distributing pornography or adult related content or offering any escort services;
  7. Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
  8. Gambling or selling weapons or ammunition;
  9. Promoting or facilitating violence or terrorist activities; or
  10. Infringing the intellectual property or other proprietary rights of others.

Excessive Use of Resources or Network Abuse

You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:

  1. Hosting or linking to an anonymous proxy server;
  2. Operating a file sharing site;
  3. Utilizing software that interfaces with an Internet Relay Chat (IRC) network;
  4. Utilizing any torrent site or any Peer to Peer Application;
  5. Scripts or processes that adversely impact our systems; or
  6. Do cyptocurrency mining.

Unauthorized System Access

You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:

  1. Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
  2. Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
  3. Intercepting or monitoring data without permission; or
  4. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Hupercloud's website or servers for any unauthorized purpose.

Storage of Backups

You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Hupercloud reserves the right to remove backups from your hosting account with or without notice.

Zero Tolerance Spam Policy (E-mail)

  1. Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
  2. Forging or misrepresenting message headers and sender is prohibited.
  3. Websites advertised via spam (i.e. "Spamvertised") may not be hosted on our servers.
  4. You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
  5. You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.

Enforcement

  1. Your Services may be suspended or terminated with or without notice upon any violation of this UAP. Any violations may result in the immediate suspension or termination of your account.
  2. Hupercloud reserves the right to disable or remove any content which is prohibited by this UAP, including to prevent harm to others or to Hupercloud or the Services, as determined in Hupercloud's sole discretion.
  3. Violations will be reported to law enforcement as determined by Hupercloud in its sole discretion.
  4. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
  5. Websites hosted on Hupercloud's servers in the U.S. are generally governed by U.S. law. As a web host, Hupercloud is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Hupercloud's sole discretion, orders material to be removed, Hupercloud will disable access to such material.
  6. Notwithstanding the foregoing, Hupercloud users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Hupercloud reserves the right to take local legal considerations into account and to respond accordingly in Hupercloud's sole discretion.

Reporting Violations

To report a violation of Hupercloud's UAP, please email [email protected]. To report an infringement of intellectual property or other proprietary rights, please email [email protected].

Agreement

This Domain Registration Agreement ("Agreement") is between Hupercloud, as the sponsoring registrar or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here ("we," "us," "our," or "Registrar"), and you, the person or entity registering a domain or domains through Hupercloud. This Agreement sets forth the terms and conditions of your use of the domain registration services and other related services made available by us and on our website (collectively, the “Services”).

Use of the Services is also governed by the User Agreement and its policies.

Selection of A Domain Name

You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party and that the domain name is not being registered for any unlawful purpose.

Fees

You agree to pay Registrar, the applicable fees for the Services. All fees payable hereunder are non-refundable.

Term

You agree that the Agreement will remain in full force during the length of the term of your domain name registration. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force between domain name holders and the new registrar.

Expired Domain Names

You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of the domain name registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party as an expired domain transfer.

Domain Name Dispute Policy

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.

Domain Name Disputes

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of The State of Utah.

ICANN Policy

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the registry in registering the name or (2) for the resolution of disputes concerning the domain name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities.

Indemnity

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Registrar, and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance that you will indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances will result in a breach of this Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused Service.

Breach

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

No Guaranty

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

Disclaimer of No Warranties

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Information We Collect

Your use of the Services is subject to your agreement and obligation to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update such information as needed to keep it current, complete and accurate.

As part of the registration process, in addition to you providing us with billing information, we are also contractually required by ICANN and/or certain registries to collect from you the following domain registration information (collectively, the "Registration Information"):

  1. Registrant Name
  2. Registrant Organization (where applicable)
  3. Registrant Address
  4. Registrant Email
  5. Registrant Fax (where applicable)
  6. Registrant Phone number
  7. Administrative Contact
  8. Administrative Contact Organization (where applicable)
  9. Administrative Contact Address
  10. Administrative Contact Email
  11. Administrative Contact Fax (where applicable)
  12. Administrative Contact Telephone Number
  13. Technical Contact
  14. Technical Contact Organization (where applicable)
  15. Technical Contact Address
  16. Technical Contact Email
  17. Technical Contact Fax (where applicable)
  18. Technical Contact Telephone Number

Domain Registration Required Documents

Registration Domain .ID

The .ID domain name must be at least 5 characters long. Required documents:

  1. Verified E-mail

Registration Domain .CO.ID

Required douments:

  1. SIUP, TDP, AKTA, NPWP, atau Surat Izin (any of this document)
  2. Identity Card (KTP) / Passport
  3. Brand Certificate (HAKI)(optional)
  4. Verified E-mail

Registration Domain .BIZ.ID

Required documents:

  1. Verified E-mail

Registration Domain .OR.ID

Required douments:

  1. Identity Card (KTP) / Passport
  2. Akta Notaris atau SK Internal Organisasi
  3. Verified E-mail

Registration Domain .WEB.ID

Required douments:

  1. Identity Card (KTP) / Passport
  2. Verified E-mail

Registration Domain .MY.ID

Required douments:

  1. Verified E-mail

Registration Domain .AC.ID

Required douments:

  1. Identity Card (KTP) Indonesia
  2. SK Pendirian Lembaga dari Kemeterian/Lembaga yang berwenang sesuai Peraturan Perundangan
  3. Akta Notaris Pendirian Lembaga/SK Rektor/Pimpinan Lembaga
  4. Verified E-mail

Registration Domain .SCH.ID

Required douments (Formal School)

  1. Surat Keterangan Kepala Sekolah atau Kepala Lembaga
  2. Identity Card (KTP) / Passport

Required douments (Non-Formal School that are recognized as SKPD)

  1. SK Pendirian Lembaga dari Kemeterian atau SKPD terkait
  2. Identity Card (KTP) / Passport
  3. Verified E-mail

Privacy Policy

Because protecting your privacy is very important to Hupercloud, we operate our web site under the following guidelines to safeguard your personally identifiable information:

Hupercloud policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Hupercloud policies and procedures are subject to change.


How does Hupercloud collect information from you?

Hupercloud collects information from you when you send it to Hupercloud directly by filling out forms on Hupercloud ‘ Website (including any application you may make for Services or the Software), corresponding with Hupercloud by e-mail, writing to Hupercloud by post, or speaking to Hupercloud by telephone. Hupercloud also collects information from you when you browse the Website and use the Software, as set out in detail below. Some of the methods Hupercloud uses to collect data are automated and will take effect automatically as you navigate the Website and/or use the Software.


What information does Hupercloud collect?

Personal Information.

Personal information means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (“Personal Information”).

Hupercloud may collect the following Personal Information from you: name, address, date of birth, telephone number, postal address, e-mail address, IP address, information about the type of browser you use, your operating system, the screen resolution of your browser, your ISP, which pages you view on the Website and the time and duration of your visits to the Website, credit card number (in the case of direct customers) and, if applicable, company name, postal address, telephone number, e-mail address, national identification number, passport number, credit card number or tax ID number as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation.

User Communications.

If you communicate with Hupercloud, Hupercloud may collect information relating to that communication whether it takes the form of e-mail, letter, forum posting, testimonials or any other form of communication between you and Hupercloud or submitted by you to the Website (collectively, “User Communications”).

Server Information.

If you use one of Hupercloud’ services such as Hupercloud ‘ Cloud Hosting, Cloud VPS, Domain Name or SSL, Hupercloud may collect certain information concerning such services and concerning the server upon which the services operates. This information includes without limitation: (a) the licensed or unlicensed status of the software used under the services; (b) the source from which the license for the software was obtained (i.e., Hupercloud or an Hupercloud affiliate); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, “Server Information”)). Additionally, “Server Information” may also include information collected by Hupercloud from time to time concerning which features of the software are most often used in order to improve and make adjustments to the software; and information collected from you by Hupercloud in the event that you request technical support services including without limitation, IP addresses, usernames and passwords necessary to login to SSH, the directory of the server upon which you installed the software and any affected accounts including email accounts, MySQL accounts and other accounts.

Non-Personal Information.

Hupercloud also collects data in a form that does not, on its own, permit direct association with any specific individual. Hupercloud may collect, use, transfer, and disclose non-personal information for any purpose.


How does Hupercloud use and store the information it collects?

As a general matter, Hupercloud may use the Personal Information you disclose to Hupercloud to improve and provide the Website, the Services and Hupercloud’ other products and services, and for the specific purpose that you gave Hupercloud your Personal Information. More specific details on how Hupercloud uses your information follows below.

Hupercloud may use Personal Information to create and authenticate your account, to process transactions you request such as domain name registration in order to perform any contract you have entered into with Hupercloud, to provide you with customer and technical support and to communicate with you about your account and Hupercloud’ products and services.

The Personal Information you provide to Hupercloud allows Hupercloud to provide you with the newsletters and mailing lists that you have signed up for with Hupercloud. If you do not want to be on Hupercloud’ mailing list, you can opt out at any time by changing your settings in your ‘My Details’ page within the client area.

Hupercloud may also use Personal Information to offer, market or advertise to you Hupercloud products and services. While such Hupercloud products and services may reference, incorporate or include third-party products and services, Hupercloud will not use your Personal Information to independently offer, market or advertise third-party products and services unless Hupercloud first obtains your consent to do so.

From time to time, Hupercloud may use your Personal Information to send important notices, such as important product updates and communications about purchases as well as changes to Hupercloud’ terms, conditions, and policies. Because this information is important for your interaction with Hupercloud you may not opt out of receiving these communications.

Hupercloud may also use your Personal Information for any other legal purpose stated in this Privacy Policy, and any other purpose for which you have given Hupercloud express consent.

Where you consent to Hupercloud doing so, Hupercloud may use your Personal Information to send you direct marketing communications. Should you ever choose to ‘opt out’ of receiving such communications, Hupercloud may retain your Personal Information on file to ensure that Hupercloud does not continue to target you with communications of the type that you have asked Hupercloud to cease sending to you.

Hupercloud limits the use of Personal Information to the purposes identified in this Privacy Policy and for which you have provided explicit consent. In accordance with established policies and procedures, Hupercloud retains Personal Information only for as long as necessary to fulfil the stated purposes, unless it is required by law for a different period or Hupercloud has the consent of the individual.

In accordance with established policies and procedures, Hupercloud will periodically destroy or erase any Personal Information that is no longer needed.

Hupercloud may use User Communications in the same way as Hupercloud uses Personal Information. If you communicate with Hupercloud for a particular purpose, Hupercloud may use your User Communications for that purpose. For example, if you contact Hupercloud for technical support, Hupercloud may use your communications to provide technical support to you.

Hupercloud may use Server Information to provide you with technical support services and to maintain, evaluate, improve and provide Hupercloud products and services. Hupercloud may also use such information to investigate unlicensed (and therefore unauthorised) uses of Hupercloud’ software.


Where is your Personal Information stored?

Hupercloud is a global company and your peronal data may be transferred to and stored at our Jakarta office and associated datacenters and by accepting our terms of service, you are explicitly consenting to this transfer and storage taking place. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy.


How does Hupercloud protect your Data Security?

Hupercloud will protect the confidentiality of your personal information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of Hupercloud, its partners, its employees and other customers of Hupercloud services. To protect the loss, misuse, and alteration of information that is collected from customers, Hupercloud has appropriate physical, electronic, and managerial procedures in place.


How can I modify my personal information?

If you have registered a domain name with Hupercloud and wish to change the Technical Contact from Hupercloud to another company or change any other registration information, you should be able to do so by logging into the respective Domain Registrar Control Panel. Hupercloud provides you with full access to your domain account by sending you your own username and password. It is important to note that your domain name registration information is made publicly available in the registry of domain names. In the event you lose your domain password, you can log a Help Desk ticket and we will re-send the password to the email address on the domain registration record. In the event you lose your password and the email address on record with Domain Registrar is no longer valid, a direct request to Domain Registrar is required, therefore it is important to keep your Domain Registrar email address current as well as your email address with Hupercloud.


Information and access to your Personal Information

Based on what you have told Hupercloud, Hupercloud tries to ensure that your contact information and preferences are accurate, complete, and up to date. You have the right to request access to and rectification or erasure of Personal Information or restriction of processing concerning your Personal Information or to object to processing as well as the right to data portability. Hupercloud will comply with erasure requests as long as Hupercloud is not required to retain the Personal Information by law and does not need to retain it for its legitimate business purposes. Hupercloud may decline to process requests that are frivolous/vexatious, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by emailing [email protected].


Your Rights

As a Data Subject you have a number of rights in relation to your Personal Information. These include your rights:

  1. To ask Hupercloud to confirm what (if any) Personal Information Hupercloud holds relating to you and how that data is processed and used by Hupercloud (of.ten referred to as a ‘Subject Access Request’);
  2. To have Hupercloud rectify Personal Information which Hupercloud holds about you that is inaccurate;
  3. To have Hupercloud erase Personal Information which relates to you if it is no longer necessary for Hupercloud to continue to process it, or if Hupercloud has no lawful basis to store, process or retain it (though Hupercloud does have rights to refuse these requests in certain situations);
  4. To object to Hupercloud processing your Personal Information;
  5. To be informed about the existence of any automated decision making and profiling of your Personal Information, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you;
  6. To have Hupercloud provide you with a copy of your Personal Information for transfer to an alternative provider of similar services.
  7. Should you ever wish to exercise one or more of these rights you should contact Hupercloud at [email protected].

What if you have questions, comments or complaints about this Privacy Policy?

Please feel free to direct any questions, comments or complaints regarding this Privacy Policy using the contact information listed in the Notices section of the Hupercloud Terms of Use. It is Hupercloud policy to investigate and attempt to resolve all formal written complaints Hupercloud receives concerning this Privacy Policy. Hupercloud will cooperate with appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Hupercloud and an individual.

Refund Policy

Products purchased from Hupercloud.com may be refunded only if cancelled within the refund period specified below in this policy. Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.

Date of the transaction”, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by Hupercloud in accordance with the terms and conditions of the applicable product or service agreement.

Refund Period”, you may cancel a product at any time, but a refund will only be issued if you request a refund with GoDaddy's customer service within the refund time frame specified for the applicable product, if available at all.

Standard Refund Terms

Annual Plans - Within 30 days of the date of the transaction.

Monthly Plans*+ - Within 48 hours of the date of the transaction.

*Monthly Plans include all plans with less than a 1-year term (e.g., 1 mon., 6 mon., 9 mon., etc.)

Cloud Hosting

Your satisfaction is our priority, you may ask for full refund if you find that our product not suitable for your needs by sending us a ticket through client member area.

Cloud Server

Cloud Server Services are non-refundable

SSL Certificates

SSL Certificates are non-refundable, you may reissuing the certificates from client member area.

Domain Registration

Domain registraion are non-refundable, you may see Domain Registration Policy for further details.


Hupercloud reserve the right to refuse a money back guarantee claim if there is an indication of an explanation given that is not reasonable.

Please feel free to direct any questions, comments or complaints regarding this Refund Policy from contact form or email us as [email protected].

Affiliates Terms & Conditions

Affiliates comission will be processed after 30 days after payment established.

Hupercloud has the right to cancel the affiliate commission if there is an indication of

  1. The purchase is made for own purposes using an affiliate account.
  2. There are suspicious data similarities, between affiliate account & buyer account.

Please feel free to direct any questions, comments or complaints regarding this Affiliates Terms & Conditions from contact form or email us as [email protected].

Disputes