Terms of Service (TOS)


This Terms of Service describes the use of and access to the Services obtainable by CubeXS Weatherly BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THE "TERMS OF SERVICE" OR "TOS". VIOLATION OF ANY SECTION MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES. CubeXS Weatherly in its sole and absolute discretion can modify this TOS from time to time by posting a revised version on the website at cubexsweatherly.com. Your continued usage of the Cloud Services following notice of any such changes shall indicate your acknowledgement of such changes and user will be bound by the terms and conditions of such changes.


PROHIBITIONS

Our services must not be used to

  • Violate system or Network security that may result in criminal and civil liability.
  • Upload, post, link to, email or otherwise transmit any content that:
    • is unlawful, abusive, harassing, defamatory, harmful, threatening, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable
    • infringes any patent, trademark, trade secret, copyright or other third party rights
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    • obtains or attempting to obtain service by any means or device with intent to avoid payment
    • allows a minor to view or access material which is inappropriate (or not classified for minors) for minors including pornography
    • Host or transmit any material which is against the laws of Pakistan and is prohibitedin Pakistan
  • Disrupt or interfere with the Cloud Services or its operation or availability, or alter or tamper with the content of the Cloud Services
  • Attempt to use another person's password or access other credentials
  • Engage in any way, in spamming, flooding, or any denial of service attack, ortransmit any virus, Trojan horse, worm, or other disabling device or harmful component
  • Supportany unlawful activity or engage in illegal or inappropriate behavior, including in any way that CubeXS Weatherly believes, in its sole discretion that:
    • Violates any local, state, national, or international statute, regulation, rule, or any other law
    • Is deceptive, pornographic, obscene, defamatory, slanderous, abusive, or otherwise unacceptable
    • Constitutes harassment or stalking
    • Violates the security or integrity of the Cloud Services or any System, including, Accessing, attempting to access, or using any System without permission, including attempts to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System
    • Monitor data or traffic on a System without permission
    • Forge packet or email headers, or any part of a message describing its origin or route
    • Upload content that contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive, or damaging code or any other content that may compromise the Cloud Services, or
    • Hack, destabilize, or adapt the Cloud Services, or alter another website to falsely imply it is affiliated with the Cloud Services
  • Connect to any users, hosts, or networks where You do not have permission to or communicate with such users, hosts, or networks, including, but not limited to:
    • Monitoring or crawling a System so that such System is impaired or disrupted
    • Conducting denial of service attacks
    • Intentionally interfering with the proper functioning of any System, including any deliberate attempt to overload a system by any means
    • Operating network services like open proxies, open mail relays, or open recursive domain name servers, or
    • Using means (manual or electronic) to avoid any use limitations placed on a System, such as access and storage restriction
  • Distribute, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements
  • Alter or obscures mail headers or assume a sender's identity without the sender's explicit permission, or collect replies to messages if those messages violate this TOS.

CubeXS Weatherly may, in its sole discretion, determine whether content or your use of the Cloud Services is prohibited and reserves the right to restrict or remove from its servers, or suspend the hosting of any content that violates this TOS. All content that is provided to CubeXS Weatherly or actions that are performed via your account, whether provided or performed by your employees, your contractors, or your customers and end users, are the sole responsibility of you.


ENFORCEMENT OF THE TOS.

CubeXS Weatherly may:

  • Investigate violations of this TOS
  • Report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties
  • Take appropriate measures to protect itself and the Cloud Services against security threats, fraud, or other illegal, malicious, or inappropriate activity
  • Suspend or terminate provision of Services to you and/or your Company, in accordance with the Cloud Services Agreement, for any violations of this TOS
  • In enforcing its rights under this TOS, CubeXS Weatherly may disclose information about You, including, without limitation, Your personal information and also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this TOS.
  • CubeXS strictly do not allow gaming servers on Cloud VM. If any VM found using Gaming server, will immediately blocked and no refunds will be processed in this regard
  • CubeXS has no refund policy, however customer can consume balance using any other service

REPORTING VIOLATIONS

If you become aware of any suspected violation of this TOS, please report the suspected violation to info@cubexsweatherly.com


Warranty Disclaimer

The use of CubeXS Weatherly shall be at your sole risk. All services provided are available as is with no warranty.


Service Level Agreement Cloud Servers

Cube XS Weatherly provides 99.995% Data center uptime and 99.95% cloud uptime SLA. Lost time if any is refunded to your account at the hourly rate incurred.


Relocation

If a Cloud Server relocation is required because of cloud server host degradation, CubeXS Weatherly will notify you at least a day before in advance of beginning the relocation, unless we determine in our reasonable finding, that we must begin the relocation sooner to protect your cloud server data. Either way, we guarantee that the relocation will be complete within three hours of the time that we begin the relocation.


Password nortification

Password fortification is solely a customer's liability; CubeXS Weatherly will not be responsible in case of unauthorized use of password.


Cloud Servers SLA

Service Availability

  • CubeXS Weatherly guarantees 99.95% up time for its services in a given calendar month excluding unavailability due to scheduled maintenance.
  • CubeXS Weatherly or its supplier may plan a service outage to conduct necessary maintenance and upgrade its network. Such planned service outages will be communicated to Client at the email address provided at least forty eight (48) hours before the maintenance activity via email.
  • In circumstances where an emergency service interruption is required, Operator reserves the right to undertake the service interruption without notice. In such cases CubeXS Weatherly will use its best efforts to notify the End Client's prior to any service interruption. Notification via e-mail may be used in case of an emergency service interruption

Block Storage SLA

Service Availability

  • CubeXS Weatherly guarantees 99.95% up time for its services excluding unavailability due to scheduled maintenance.
  • CubeXS Weatherly will not be responsible for any service failure or latency due to any violation of law, act or omission by Client including without limitation any negligence, willful misconduct or misuse of any service or equipment, which impairs Operator's ability to provide service.
  • CubeXS Weatherly may plan a service outage to conduct necessary maintenance and upgrade to its network. Such planned service outages will be communicated to Client at least forty eight (48) hours before the maintenance activity via email.
  • In circumstances where an emergency service interruption is required, Operator reserves the right to undertake the service interruption without notice. In such cases CubeXS Weatherly will use its best efforts to notify the End Client's prior via provided email to any service interruption. In case there is non-scheduled outage.
  • CubeXS Weatherly will provide a Service credit/compensation to Client for the number of outage hours for that particular link. The rebate will be calculated as; monthly charges divided by 730 hours. No rebates shall be provided to Client by CubeXS Weatherly if the outrages or interruptions are due to local power failure, power fluctuations or surges or failure of Customer to comply with site environment requirements or Client applications/integration equipment or the situation under Force Majeure.
  • This SLA ceases to apply following the termination date of this agreement or if Client is in breach of this TOS .

Service Credit Calculation

The service credit applied will be calculated by multiplying a) your total charges for CubeXS Weatherly Block Storage for the current monthly billing period during which the downtime occurs by b) the percentage credit you qualify for in the table below

Monthly Availability % Credit to Bill for CubeXS Weatherly
   
100% to 99.95%  
<99.95% to 99.9% 10%
<99.9% to 99.5% 20%
<99.5% to 99.0% 30%
<99.0% 40%

You must contact CubeXS Weatherly through our ticketing system on our website within thirty (30) days following the end of the downtime to receive the service credit.


Statute of Limitations on all services

You agree that regardless of any statute or law to the contrary, any claim or action related to use of CubeXS Weatherly services or this TOS must be filed within one (1) year after such claim arose or be forever disallowed.


Notwithstanding anything in this Service Level Guarantee to the contrary, the maximum total credit for the monthly billing period, including all guarantees, shall not exceed 100% of your fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

Data Center Co-location Services SLA


Electric Power

CubeXS Weatherly will guarantee that Power availability to the customer co-located rack for 99.995% of the time with following features.

  • Backed by Dual Stand By generators
  • Backed by Dual uninterrupted Power Supplies (UPS )
  • Switch over is controlled by Static Transfer Switches. (STS)

Customer can have dual electric feeds from two separate systems (Each system consists of a set of Gen Set, UPS and STS).

Customer must have equipment capable of utilizing dual power sources and Equipment must be plugged directly into both the rack PDU A and the rack PDU B. Rack PDU's to be supplied by customer .Unless otherwise provided in the Service Agreement or Service Amendment. All materials, Racks (As per Data Center Specifications), cabling, etc used by Customer must meet national electrical and fire standards and any reasonable specifications provided by CubeXS Weatherly.

"Power Unavailability" consists of the number of minutes that AC power was not available at the Customer's Data Center Service cabinet to the primary outlet and redundant outlet at the same time. Power Unavailability will not include Scheduled Maintenance or unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's applications or equipment, or (c) acts or omissions of Customer, or any use or user of the service authorized by Customer.

Air conditioning

Scheduled Maintenance means any maintenance performed on either primary and/or redundant power feeds to the Customer's cabinet (a) of which Customer is notified 7 business days in advance for an outage that lasts more than 50 minutes and 48 hours in advance for an outage impact of 50 minutes or less, and (b) that is performed during a standard maintenance window of 12 AM to 6 AM local time of the CubeXS Weatherly data center at which Customer's server is located. Information regarding Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by CubeXS Weatherly (telephone, email or fax). CubeXS Weatherly reserves the right to perform maintenance outside of Scheduled Maintenance during an emergency situation.

Power availability remedy

  • Coverage: Definitions

    This Service Level Agreement ("SLA") applies to you ("Customer") if you have ordered any virtual web hosting, VPS, dedicated server, or co-location services (the "Services") from CubeXS Weatherly (the "Company") and your account is current (i.e., not past due). As used herein, the term "Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Customer's Services are available for access from the internet, as measured by the Company.
  • Service Level

    • Goal:

      The Company's goal is to achieve 100% Availability for all customers.
    • Remedy:

      Subject to Sections 3 and 4 below, if the Availability of Customer's Services is less than 100%, Company will issue a credit, if requested, to Customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
    • Availability Credit Percentage
      99.995 to 100% 0%
      98% to 99.994% 5%
      95% to 97.9% 10%
      90% to 94.9% 25%
      85% or below 50%
    • Exceptions

      Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
      • Circumstances beyond Company's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other disturbances, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, denial of service attacks, hackers, viruses, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts), or inability to obtain raw materials or supplies used in or equipment needed for provision of this SLA;
      • Scheduled maintenance and emergency maintenance and upgrades;
      • DNS issues outside the direct control of Company;
      • Issues with FTP, POP, IMAP, or SMTP customer access;
      • False SLA breaches reported as a result of outages or errors of any Company measurement system;
      • 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 Company's Terms and Conditions and Acceptable Use Policy;
      • E-mail or webmail delivery and transmission;
      • DNS(Domain Name Server) Propagation;
      • Outages elsewhere on the Internet that hinder access to your account. Company is not responsible for browser or DNS caching that may make Customer's Services appear inaccessible when others can still access it. Company will guarantee only those areas considered under the control of Company: Company server links to the Internet, Company's routers, and Company's servers;
      • Failures of server hardware

Credit Request and Payment Procedures

To receive a credit for a breach of this SLA, the Customer must make a request in writing. The request MUST include the domain name of the Customer's account, the Customer's account number, the date & time(s) of breach of the SLA, and the ticket must be submitted by an authorized contact on the account. Requests for credit must be properly submitted according to these terms and received by Company within seven (7) business days after the breach occurred. If the breach is confirmed by Company, credits will be applied within two billing cycles after Company's validation of the Customer's credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total fees paid by Customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Customer or collected by Company and are Customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of Customer's Services.