DOMAIN NAME REGISTRATION AGREEMENT

1. Introduction
This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of the domain name registration services of Kloud Technologies Limited to register an Internet domain name , as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule, dispute policy and any rules or policies that are or may become effective when published by Kloud Technologies Limited. This Agreement will become effective if accepted by Kloud Technologies Limited. You acknowledge that Kloud Technologies Limited may modify this Agreement if necessary to comply with its Parent Registrar or ICANN Agreement, or otherwise.

2. Selection of a Domain Name
We do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us, pursuant to the indemnification provision below.

3. Fees and Payment
As consideration for the domain name registration services provided by Kloud Technologies Limited to you, you agree to pay Kloud Technologies Limited, at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with Kloud Technologies Limited’s fee schedule published at Kloud Technologies Limited’s website. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that Kloud Technologies Limited shall have no liability whatsoever with respect to any such cancellation.

4. After Expiration of The Term of Domain Name Registration.
You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. After expiration of the term of a domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.

ANNOUNCEMENTS: You agree that we may distribute information to you that is pertinent to the quality or operation of our Service(s) and the services of your Primary Service Provider which utilize our Service(s). These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet and/or they may include information or announcements which ICANN, the registries, or others may require us to distribute.

5. Charge Backs
You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reserved payment. Kloud Technologies Limited will decide at his sole discretion whether to hold the name in his own portfolio or to release it for use by others.

6. Dispute Policy
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy (“Dispute Policy”) which is incorporated into this Agreement by reference and made a part of this Agreement. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy provisions in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Kloud Technologies Limited harmless pursuant to the terms and conditions contained in the Dispute Policy. Kloud Technologies Limited may modify the Dispute Policy with the permission of ICANN at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

7. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary name servers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data. You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Kloud Technologies Limited concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You acknowledge that Kloud Technologies Limited will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Kloud Technologies Limited may or must make available to the public or to private entities. Kloud Technologies Limited will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in Kloud Technologies Limited’s possession to review, modify or update such information.

8. Use Policies
Kloud Technologies Limited, Inc. will suspend or stop the use of the domain name including (but not limited to) modifying DNS, modifying registration information or delete domain name without further notice, no refund of the registration fee or renewal fee if(1)a registered domain name is purposely used to send out mass spams like mass unsolicited, commercial advertising or solicitations and so on, (2)or used to send out retroactive, pornographic or other harmful emails that violate the country laws and rules, (3)or used to receive the returned emails of the above emails, (4)or used to resolve, point or forward to the website with harmful information that violate the country laws and rules, (5)or used to do other illegal actions.

9. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

10. Limitation of Liability
YOU AGREE THAT Kloud Technologies Limited WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Kloud Technologies Limited’S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Kloud Technologies Limited; (e) EVENTS BEYOND Kloud Technologies Limited’S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, Kloud Technologies Limited WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Kloud Technologies Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Kloud Technologies Limited’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Kloud Technologies Limited FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification
You agree to defend, indemnify and hold harmless Kloud Technologies Limited and any applicable domain name Registry, including Kloud Technologies Limited and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

12. Representations and Warranties
You represent and warrant that, to the best of 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 a third party. You further represent and warrant that all information provided by you in connection with your registration is complete and accurate. Kloud Technologies Limited makes no representations or warranties of any kind that registration or use of a domain name under this Agreement will protect you either from challenges to your domain name registration or from suspension, cancellation or transfer of the domain name registered to you.

13. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Kloud Technologies Limited. If you fail to cure the breach, Kloud Technologies Limited may suspend, cancel, transfer or modify your registration of the domain name. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Kloud Technologies Limited) or registry administrator procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be,

(a) to correct mistakes by Kloud Technologies Limited, another registrar or the registry administrator in administering the name or

(b) for the resolution of disputes concerning the domain name. You also agree that Kloud Technologies Limited shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Kloud Technologies Limited receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

14. Change in Registrar
Kloud Technologies Limited policy permits Registrant to change its Registrar for an existing domain name. You agree that you can change the Registrar only in accordance with the policy or other policy from time to time provided by ICANN. The policy provides: (a). Each change of Registrar requires you to enter into a new two year Registration Agreement and to pay the appropriate registration fee;(b). You obtains no refund of any part of the fee paid to existing Registrar.

15. Notices
You agree that any notices required to be given under this Agreement by Kloud Technologies Limited will be deemed to have been given if delivered in accordance with the contact information you have provided.

16. Severability
You agree that the terms of this Agreement are Severability. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions, which shall continue to be binding.

17. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Bangladesh, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Kloud Technologies Limited site shall be brought exclusively in the Court of Bangladesh.
Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder’s domicile, and (b) where Kloud Technologies Limited, Inc. is located.

18. General
This Agreement, the Kloud Technologies Limited fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Kloud Technologies Limited, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Kloud Technologies Limited to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Kloud Technologies Limited of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceable or invalidity shall not render this Agreement unenforceable or invalid as a whole. Kloud Technologies Limited will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Kloud Technologies Limited as reflected in the original provision. No provision of this Agreement, including the Kloud Technologies Limited fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by Kloud Technologies Limited.

WEB, VPS HOSTING TERMS & CONDITIONS

Kloud Technologies Limited agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. Kloud Technologies Limited will never require clients to advertise for Kloud Technologies Limited on their website in any way shape or form unless agreed upon. Clients can use the service for business/commercial or personal website or content. Kloud Technologies Limited reserves the right to change this agreement at any time without notice.

Contents
The services provided by Kloud Technologies Limited may be used for lawful purpose only. Transmission, storage, or presentation of any information, data or material in violation of any Bangladesh (or any other country) law is prohibited. Materials such as copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue are prohibited. The subscriber agrees to indemnify and hold harmless Kloud Technologies Limited from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable contents or links.

  • Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of Indian Law
  • Adult material, such as pornography, erotic images or otherwise lewd or obscene content
  • Racist, defamatory, obscene, indecent or other unlawful material.
  • Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
  • Pirated software
  • Hacking programs or archives
  • Warez sites
  • Illegal MP3 or related audio files
  • Spamming software
  • VIPs poster
  • High yeald investment program (HYIP) sotes Proxies (including links to proxy websites)
    Illegal activities
  • Illegal use of Adult pictures, Threats, Harassment, Fraudulent activities or Forgery
  • Unsolicited commercial e-mail or unsolicited bulk e-mails
  • Fraud
  • Distribution of Viruses
  • Blockchain Mining
  • Inserted Malicious code for traffic generation
  • DOS or DDoS Source

 

Note: – Kloud Technologies Limited reserves the right to determine whether any material or use is prohibited.Kloud Technologies Limited reserves the right to remove any such material without warning and suspend or terminate accounts without refund or notice.

Background running program
Kloud Technologies Limited not allows background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned SCRIPTS
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Kloud Technologies Limited reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through   Kloud Technologies Limited’s Services may be subject to protection under the Bangladeshi (or any other country) copyright laws, ICT Act, Digital Act, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Kloud Technologies Limited Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Kloud Technologies Limited Network. If you use a domain name in connection with the Kloud Technologies Limited Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Kloud Technologies Limited reserves the right at its sole discretion to refuse or cancel service. Violation of any of   Kloud Technologies Limited Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail
You must not use the Kloud Technologies Limited Network,  Kloud Technologies Limited equipment or any email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the   Kloud Technologies Limited Network, Kloud Technologies Limited equipment or any   Kloud Technologies Limited email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Kloud Technologies Limited reserves the right to disable your domain without warning. Kloud Technologies Limited solely reserves the right to refuse or cancel service to known spammers. Lastly, Kloud Technologies Limited reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to Kloud Technologies Limited server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Kloud Technologies Limited (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Kloud Technologies Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless  Kloud Technologies Limited against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with  Kloud Technologies Limited server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Kloud Technologies Limited to the amount paid for service.

Free Domain Offers
When this offer is being ran and you have a valid promo code:
The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you stay hosting with us for a minimum of 2 Years. If you stay for 2 Years or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 2 Years you will be required to pay the full price of the domain name before your account can be canceled.

Refund and Cancellation Policy
For payment, Kloud Technologies Limited accepts Visa, MasterCard, Discover, American Express, bKash, Nogod, Rocket, Bangladesh EFT or PayPal.  Kloud Technologies Limited invoices exclusively via e-mail.  Kloud Technologies Limited does not send out invoices via postal services.

No refunds are available on SSL Certificates, Domain registrations and transfers or dedicated server and VPS payments.

Late Payment
Please note All Payments are done automatically monthly or annually.
You will receive a payment reminder. If payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice.

Cancellation
You must use only one of following methods to deliver a official written notice of cancellation by email or in written. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, user name, password and your reason for canceling or email services@kloud.com.bd

Changes to the TOS (Terms of services)
Kloud Technologies Limited reserves the right to revise its policies/ terms of services at any time without notice and any party/client/customer/subscriber have no right to object on it.

(“you”, “your”, “customer” and “Subscriber” refer to each customer, that is, each person who avails or subscribes for any of Services from Kloud Technologies Limited or https://webhost.kloud.net.bd)

Acknowledgement
By placing, hiring and continuing to maintain or place information at Kloud Technologies Limited servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

In case of violation of our terms of service noted on this page, but is not limited to, Kloud Technologies Limited reserves the right to suspend / terminate any services or web hosting account or domain name with or without prior notice. Kloud Technologies Limited will not be responsible for any loss and damages or compensation for such suspend / termination case.

Unlimited Hosting Terms Represents:
The use of the any unlimited disk space or bandwidth package is subject to the following terms

  • All accounts must have valid, working websites, and not violate any previously subscribed terms.
  • Accounts are not for use of mass storage of backups, files, audio, video, ZIP files, or similar.
  • Accounts are not for the use of mass distributing of files such as torrents or mirrors.
  • Any accounts found to violate these terms may be suspended without notice until the account holder agrees to resolve the issue.

Server Limits unless considered to treat as abusive use

  • 25% CPU and or memory for 3 minutes.
  • Combined 5% CPU & RAM over 24 hours.
  • 250 email limit per domain per hour.
  • 50 concurrent database connections at one time.
  • Apache threads to be open no longer than 999 seconds.
  • PHP upload limit of 50 MB.
  • Max PHP session time of 300 seconds or less.
  • Unusual bandwidth spike in 24 Hrs

Limits are subject to change at any time.