TOS - Terms of Service

By using or otherwise engaging any of the computer systems, services, resources, or facilities that we make available or otherwise provide to you (collectively, "services"), you agree to the following terms (this "ToS"), which will apply to all matters arising between you and us. In this ToS, unless the context requires otherwise, "us", "we", and "our" refers to TY SOFTWARE ENGINNERING (CA0306018-T), while "you" and "your" refers to the named account holder and user of our services.

Terms of Service (TOS) apply to all sales services provided by TY SOFTWARE ENGINNERING (CA0306018-T) to customers through the website www.cloudpowerall.com. By purchasing our products and services, you agree to the following terms (including: Privacy Policy and GDPR, Disclaimers And Declarations).

We have the right to make amendments to these terms at any time, which will take effect immediately after the terms of service are posted on the website.
Last modified: 06/29/2021

Support and tickets
You certify and represent to us that you have sufficient knowledge to manage all aspects of a computer running a Linux-based operating system, on your own and without any assistance from us. The services we provide to you will be strictly managed by you at all times. Although we maintain and manage our servers and the software that we install on them (collectively, the "host server"), we will not install software on or manage the virtual private server (the "VPS", which runs on the host server) that you access and use. In other words, we are only responsible for the host server, and we will not assist you with installing or configuring applications, troubleshooting, recovering from backups, etc. on the VPS that we allocate to you ("your VPS") – these are solely your responsibility.
1. Our tickets response time limit is within 24 hours;
2. Technical support will try to solve your problem, but only for technical fault level problems;
3. If the department of the work order is selected incorrectly, you will be transferred to the correct department, but the response time may be extended;
4. In any way, any behavior including but not limited to personal attacks on the customer service will be permanently terminated.

Backups
 Our data storage system is fully redundant, which means that a failure of one component should have no effect on data integrity. However, we accept no liability or responsibility whatsoever for loss of or harm to any data of yours, nor for any damages you may suffer in connection with such loss or harm to your data. We strongly encourage you to implement your own backup solution and to periodically ensure that you can recover your own data.

VPS Service - Fair Share Policy
You are permitted to use all server resources that we allocate to you in connection with our services, with a few exceptions as described below.
1. Bandwidth
    The bandwidth of the product is mared as peak bandwidth (non-dedicated). Please avoid using the bandwidth at a rate over 50% for prolonged periods of time(1+hours), it will limit the rate of 20%-50% of the peak bandwidth. When the bandwidth usage exceeds the service after purchase will be suspended and it will automatically resume until the next subscription period.
2. Storage I/O
    Please avoid situations where your VPS is constantly performing storage I/O operations at a rate over 100 MiB/s for prolonged periods of time (2+ hours). Should storage I/O usage exceed this value, we will inform you via email. Should storage I/O continue after such notification, we reserve the right to temporarily suspend service until this is resolved.
3. Central processor ("CPU") resources
    We allow you to use 100% of the CPU resources on your VPS for short periods of time. However, one-hour-average CPU load on your VPS should not exceed the maximum level permitted as per limits set out below:
        Promo Plan: 10% of 1 core
        Micro Plan: 20% of 1 core
        Small Plan: 40% of 1 core
        Medium Plan: 50% of 1 core + 50% of 2nd core
        Standard Plan: 100% of 1 core + 50% of 2nd core
        Professional Plan: 75% of 4 core
        Excutive Plan: 100% of 4 core
    If your VPS exceeds hourly average limits as set out above, the CPU resources available on your VPS will be automatically limited to a level as set out above. In other words, your VPS will not be able to use more CPU resources than permitted under your current plan. Once the CPU resources used by your VPS are reduced to the level permitted under your current plan, the aforesaid limitation on CPU resources will be automatically lifted. We do not impose any other limitations on CPU usage; you are allowed to use as much CPU as your VPS allocates and we will not suspend or limit our services further than stated.

Acceptable Use Policy
You agree to use our services fairly and legally through our terms and to prevent us and third parties from being affected by any malicious or unsafe environment. More examples of prohibited content or links include (but are not limited to):
1. Upload content that is prohibited by law in Malaysia, China, the United States or the location of the service, including but not limited to: illegal gambling, introduction of crimes, etc.;
2. Spamming (including unsolicited email, search engine spam, doorways, form spamming, etc.);
3. Mass mailing of any type;
4. Denial of service ("DoS") or other attacks (whether outgoing or incoming);
5. Hacking (including situations where a VPS was hacked);
6.Distribution of malware/viruses, with or without your knowledge;
7.Port scanning;
8.Cryptocurrency mining;
9. It is forbidden to embezzle and bind non-self-service IP;
10.IRC activity (client, server, bot, etc.);
11.Distribution of trademarked or copyrighted content (e.g. mp3s, movies, etc.) that you do not own or have a valid license to distribute – we honor all DMCA complaints;
12.Cracked software, unauthorized replicas, counterfeit and illegal items, and the like, and links to such content;
13.BitTorrent (trackers, clients, files, links, etc.);
14.Nested virtualization (e.g. running Qemu) – Docker is a permitted exception;
15.Open proxy servers (due to abuse committed through open proxies);
16.Open DNS resolvers, open port mappers, open NTP servers available via UDP protocol (due to DoS amplification attacks);
17.Tor relays and exit nodes;
18.Pornography and other sexually explicit content;
19.Data mining, crawling;
20.Using abusive language towards our employees, spamming our support ticket queue with the same question or issue, threats of any kind, and any other conduct we reasonably deem unacceptable;
21. It is forbidden to install Windows series operating systems.
The foregoing are just examples of our overriding policy that you may not abuse our services. If we determine that you are in breach of our reasonable policies (including but not limited to those described in this ToS), we may suspend our services to you indefinitely.
Without limiting the foregoing, repeat infractions of our policies may incur a $30 administration fee per incident, and may further entail suspension of all our services under your account until this fee is paid.
Thank you for spending the time to read this ToS – we really appreciate your effort. You may use coupon code "ireadtos" when ordering our services to receive a small discount. However, please be sure to read on…

Accounts
You are the account holder with us, and each VPS you use represents a separate service.
We do not allow assignment, sale, or transfer of customer accounts from one person or entity to another. You have no right to assign, sell, or otherwise transfer your rights under this ToS to anyone.

Payment
1. You must make the payment before the bill is due, otherwise you will not be responsible for the loss caused by the closing of the bill.
2. If a promotional code is used for the payment that has not been generated, if the promotional code is limited in quantity, it will be issued according to the order in which the bill is generated. If the limit is reached, a bill without the promotional code will be generated for you.
3. The price of the shopping cart is for preview only, please refer to the bill generated during settlement.
4. The service will be deleted after 3 days (72 hours) of expiration.

Cancellation and refund
  You may request a refund of your payments to us, provided that all of the following conditions are met:
    1. Your account was created 30 or fewer days ago;
    2. Your account with us is in good standing (i.e. there are no overdue amounts owing) and there have been no violations of this ToS and no any complaint;
    3. Same account(eg. same IP, or email, or payment, etc.) accepts a refund once within 30 days(acceptable reasons, IP location issues are not accepted), and total count must be less than 5 times;
    4. None of your payments to us have been previously been or currently are disputed or charged back;
    5. None of the IP addresses assigned to your VPS are on any blacklist or blocklist;
    6. For products of any cycle, refunds will be rejected for more than 3 days(unlimited bandwidth products are 1 day) from your paid;
    7. For bandwidth issues require test result certification (eg. Speedtest), and more than 25% of the product's peak bandwidth will be rejected;
    8. Any product using more than 10GB bandwidth will be rejected;
    9. Any first refund will be charged a 10% (minimum $1) service fee;
    10. With the exception of payments for IP address changes (if any).
  Refunds will only be issued in the original form of payment. After a refund is processed and will usually arrive within 72 hours.

Dedicated server
Based on the dedicated server that requires manual operation, additional work will be generated, so the decision is as follows:
1.Trial and refunds for any reason are not accepted after the order is paid;
2.As some dedicated servers may have compatibility with the operating system, it may take 4-6 hours to reinstall the operating system in office hours in Malaysia, and the waiting time during non-office hours is longer.

IPv4
We actively monitor our IP address space and we test each IP address before assigning it to a VPS, to make sure each new VPS is delivered with a clean IP address. Therefore, we will not issue a refund when any IP address assigned to a VPS gets blacklisted.
1.Provide paid service to replace the IPv4 of VPS. We will adjust the price at any time based on the remaining available IPv4 resources. Please send a ticket for information;
2.After the replacement, the availability in mainland China will be checked. Even if it cannot be used again within 24 hours, it will still be calculated as a replacement;
3.If you change IPv4 too frequently, we have the right to refuse or charge you an extra fee for IPv4 replacement.

Chargebacks and Paypal Disputes
Please do not file or lodge a dispute with Paypal in order to get a refund, as this will prolong the process and create more work for you and for us.
Initiating a chargeback or a Paypal dispute will result in the immediate suspension of our services to all accounts under your name and, at our discretion, any other associated accounts, until the dispute is resolved. Additionally, we may charge you for any chargeback fees we incur, and for any time we spend dealing with the dispute (e.g. time spent locating and suspending affected services, communicating with payment processors and banks, dealing with your support tickets, etc.). In such cases, we will bill $40 per hour, and our services to you will not be resumed until your account is paid in full.

Complaint
Please take good care of network security protection. Abuse complaints are equally applicable regardless of active and passive:
    1. Sending spam or spam, the service is immediately suspended until the order expires and no resumption is accepted.
    2. For Financial or phishing fraud, the service is immediately suspended until the order expires and no recovery is accepted, and the data will be provided to the government department.
    3. For DDOS or any scanning, the service will be suspended immediately until the service is resumed after correction and promise (only annually), if it appears again, a fine of $40 will be paid and resumed.
    4. For machine room or copyright agency, the service will be suspended immediately until the service is resumed after correction and promise (only annually), if it reappears, a fine of $20 will be paid and resumed.
  For other complaints, the decision will be made based on the circumstances.

Affiliate Program
Participation in our affiliate program is optional.
If you choose to participate in our affiliate program, these rules apply to you:
Affiliate links must be followed naturally by real individual users of a website who are not paid to follow the links. We may review the use of our links to make sure you comply with our policies. If we are unable to verify the source of visitors to our website through affiliate links you use, we may refuse your requests to withdraw funds.
The following practices are strictly forbidden and will result in a permanent ban from our affiliate program:
  1.Cookie-stuffing (i.e. loading affiliate links by using an invisible image) and similar techniques;
  2.Using affiliate links to order service for yourself or your family, or on behalf of someone else;
  3.Offering cash back or any other monetary incentive to visit affiliate links.
If, in our sole discretion, we determine that you have violated our affiliate link policies, we may suspend our services to you and refuse your requests to withdraw funds. Use coupon code "ireallyreadtos" when ordering services to get a small discount.

Governing law and jurisdiction
These terms shall be governed and interpreted in accordance with the laws of Malaysia, regardless of their conflict of laws provisions, and you irrevocably agree that the Malaysian courts have exclusive jurisdiction to resolve any disputes or claims arising from the following reasons: or with this terms of service or its The subject or form is related, including non-contractual disputes or claims.

Contact and communication
If you have any questions, please submit a ticket or contact [email protected], we will reply you in time. All notices should be communicated in writing by you or us through work orders or emails, unless we are sure to provide notices reasonably by posting an announcement on our website.

This ToS supersedes and replaces all prior versions of our ToS. We may, at our sole discretion, and such updates and changes will be binding on you. Any notice to you in connection with this ToS will be delivered by email to the primary email address associated with your account.

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