Use of Cheetah Node Products and Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Kingdom of the Netherlands or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify Cheetah Node of any unauthorized use of your account or any other breach of security. Cheetah Node will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
Acceptable Conduct
You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ("Content") are the sole responsibility of the account from which such Content originated. Cheetah Node reserves the right, but does not assume the responsibility, to monitor or review any Content on Cheetah Node services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Cheetah Node services and for any consequences thereof. You agree to use Cheetah Node services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Cheetah Node services or servers or networks connected to Cheetah Node services.
Account Cancellation or Suspension
Cheetah Node may cancel or suspend your access to Cheetah Node services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing up your data that is hosted with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
You may terminate the service at any time by following the instructions in the Client Portal. YOU MUST CANCEL YOUR SERVICE BY SUBMITTING A CANCELATION REQUEST IN THE CLIENT AREA. As soon as you cancel the service, your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing up your data that you host with the service. Cancelation of the service by you will not alter your obligations to pay all charges due to Cheetah Node at the time of cancellation.
Charges and Billing
You agree that Cheetah Node will be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of Cheetah Node services. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription.
Cheetah Node is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Cheetah Node. Currency exchange settlements will be based on agreements between you and the provider of your payment service. In addition, we do not give pro-rated refunds for unused time if cancelation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
DMCA/Abuse/Complaint Policy
You are not allowed to host any kind of abusive materials or files that you don't own the copyright. If we receive any complaint, it will be forwarded to you and you are required to process the complaint within 48hrs from the time of receipt of complaint.Should you fail to process the complaints within the allowed time frame, we reserve right to suspend your services.You are not allowed to host any kind of abusive materials or files that you don't own the copyright. If we receive any complaint, it will be forwarded to you and you are required to process the complaint within 48 hrs from the time of receipt of complaint. Should you fail to process the complaints within the allowed time frame, we reserve right to suspend your services.
Backups and Data Loss
Your use of this service is at your sole risk. Cheetah Node is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cheetah Node Servers. Access to data will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Cheetah Node.
Service Delivery Guarantee (setup time)
a) For VPS service the usual setup time is 6 business hours. However this could take up to 2 business days(saturdays,sundays and public holidays don't count towards business days) if there is any technical difficulties in delivering the service.Should we fail to deliver the VPS service ontime, we will refund your payment in full.
b) For Dedicated Servers the usual setup time is 2 business days(saturdays,sundays and public holidays don't count towards business days). However this could take up to 10 business days(saturdays,sundays and public holidays don't count towards business days) if there is any technical difficulties in delivering the service.Should we fail to deliver the VPS service ontime, we will refund your payment in full.
Account Suspension and Termination
Invoices for due account balance will be generated 10 days in advance of the invoice due date. Account/Service may be suspended on the 1st day after payment is overdue, unless prior arrangement for payment has been made; servers will be automatically restored to service once payment is received. VPS accounts may be terminated if invoices remain unpaid after 3 days.Similarly Dedicated Server Hosting will be terminated if the invoice remain unpaid after 1 day. Should Cheetah Node deem that a customer has abused our network and compromised our position with our network providers, a fee of $200 for network abuse will be charged.
Service Level Agreement (SLA)
We aim to provide best services and thereby we offer a 99.97% up time on network and hardware. Up time is calculated every month and is based on the server stats for a period of 30 days. If the up time for a particular month falls below 95%, we will provide free service credits worth one month use of the service. Down times occurred due to scheduled emergency maintenance (on network and hardware), Network attacks, Issues generated by client, etc. are not counted towards up time calculation.
Money-Back Guarantee
We are confident that you will be pleased with our service and products. However, if you ever feel unhappy or no longer require use of our services, we offer a full refund within 7 days of activation of your services, no questions asked.This refund policy is not applicable if
a) you abuse our service (eg: Abusing Server resources, Abusing Network, All other activites that is illegal).
b) not your first order with us (i.e, only first order is considered towards refund).
c) the service you bought is a dedicated server plan.
d) consumed more than 1TB bandwidth.
If you wish to request a refund within 7 days of having your services activated, please submit a ticket to our sales or support department through the Client Portal. All services are eligible for a full refund if a ticket requesting cancelation is submitted within the first 7 days of service. YOU MUST CANCEL YOUR SERVICE BY SUBMITTING A CANCELATION REQUEST IN THE CLIENT AREA; refunds will not be handled through any other form of communication or support.
Service Delivery Guarantee (setup time)
a) For VPS service the usual setup time is 6 business hours. However this could take up to 2 business days(saturdays,sundays and public holidays don't count towards business days) if there is any technical difficulties in delivering the service.Should we fail to deliver the VPS service ontime, we will refund your payment in full.
b) For Dedicated Servers the usual setup time is 2 business days(saturdays,sundays and public holidays don't count towards business days). However this could take up to 10 business days(saturdays,sundays and public holidays don't count towards business days) if there is any technical difficulties in delivering the service.Should we fail to deliver the VPS service ontime, we will refund your payment in full.
c) For Extra IP addresses and other upgardes the usual setup time is 1 business day and if there is any technical difficulties, provisioning could take upto 3 business days(saturdays,sundays and public holidays don't count towards business days). Assignment of extra IP address may require valid justification and could be assigned only if the justification is approved.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Cheetah Node WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE Cheetah Node SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO Cheetah Node SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF Cheetah Node AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE Cheetah Node SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT, SHALL NOT EXCEED THE COST OF ONE MONTH'S RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
Policy on unmetered bandwidth offered on selected services
Unmetered VPS/Dedicated Server plans are designed in such a way that clients can enjoy more resoucres at cheaper rates. Becuase of this some special terms are applied on these plans.
a) You are not allowed to run/host any kind of streaming or content delivery services. This includes but not limited to video streaming, audio streaming, live broadcast, CDN services.
b) You are not allowed to run any free proxy or public file transload services. This includes but not limited to public rapidleech hosting, open proxy service, free public vpn services. VPN services are allowed if it is used for personal use or commercial purpose with paid memberships.
c) For VPS services initial allocation of the monthly bandwidth will be 5TB. When you used up 4TB, you may open a support ticket and get this limit increased up to 20TB. At the point when you reach 20TB we will limit the speeds to 10mbps and you can retain the original speeds by prepaying for extra bandwidth and it will cost 3 Euros/TB.
d) For Dedicated Servers with 100TB bandwidth, extra bandwidth can be purchased at a rate of 0.15EUR/GB and should be purchased in the increment of 5TB.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF Cheetah Node SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY Cheetah Node ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED
Indemnity
You agree to defend, indemnify and hold harmless Cheetah Node its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Cheetah Node services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Cheetah Node services.
Notice
You agree that Cheetah Node may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Cheetah Node services.
