Last update: 29th October 2021
This agreement takes effect when you access our website. You represent to us that you are lawfully able to enter into contracts (e.g. You are not a minor). If you are entering into
this agreement for an entity, such as the company you work for, you represent to us that you have the legal authority to bind that entity. You acknowledge that you have read
the agreement, and you agree to its terms of service and all policies posted on the GB Cloud website. This agreement sets forth the general terms and service of your use of
the products and services made available by us and on our website (collectively, the “Services”).
GB Cloud hosting service is operated by GB Network Solutions Sdn Bhd, Cyberjaya, Malaysia, and
will be referred to as:
"Provider" or "GB Cloud".
The Customer represents and warrants that, if an individual, Customers at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these terms. Further, Customer represents and warrants all information provided by Customer to GB Cloud has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate, and current information to GB Cloud in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Customers of paid services offered through GB Cloud must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these terms, a parent or legal guardian of a minor may obtain an account on the mi- nor's behalf. By doing so, consents to such minor's use of the services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these terms, and assume full responsibility and liability associated with any failure of compliance with the terms in connection with said minor's use of any of the services.
The Provider does not accept anonymous Customers. All Customer information must be complete, accurate, and current. Customers that deliberately provide false names and/or address information will find their accounts terminated immediately. No refund will be provided.
The Provider is entitled to ask for a scanned or photographed official identification document that is issued by the Customer's government and certifies Customer's identity and/or a utility bill issued in the Customer's name. This may be requested by the Provider in order to perform fraud and security checks.
The Customer is fully responsible for securing his hosting account and ensuring that this agreement is not broken by any third party with or without his knowledge or consent.
Software License and Rights
If, and to the extent that the Customer requires the use of the Provider's software in order to use the services, GB Cloud grants to the Customer a royalty-free, worldwide, non-transferable, non-exclusive license to use the Provider's software in object code form only. The Customer has the right to authorize employees, agents, and third-party consultants and contractors to use the Provider's software as aforesaid provided that such use is consistent with the terms of this agreement.
Save as expressly set out herein, this agreement does not:
Transfer or grant to the Customer any right, title, interest or intellectual property rights in the Provider's software;
Transfer or grant to the Provider any right, title, interest or intellectual property rights in the Customer's content.
The Customer agrees not to personally, or through any parent, subsidiary, affiliate, agent or other third parties:
Copy the Provider's software except as expressly permitted under this agreement or by law;
Sell, lease, license, or sublicense the Provider's software or the documentation connected with it; or
Use any confidential information of the Provider.
The Customer acknowledges no right, title, or interest in the IP address allocated to the customer, and that any IP address allocated to the Customer is allocated as part of the services and is not portable or otherwise transferable by the Customer in any manner whatsoever. If an IP address is renumbered or reallocated by the Provider, the Provider shall use all reasonable endeavors to avoid any disruption to the Customer.
Service Level Agreements
The Provider provides Customers with 99.9% uptime excluding planned maintenance. Uptime is considered to be when the server you are hosted on is accessible via IP address. This Service Level Agreement (SLA) does not cover downtime due to mistakes on the Customer's behalf or due to the account being suspended. In the event that this SLA is breached, GB Cloud will refund up to 50% of the monthly fees at a rate of 10% of monthly fee for every 1% of downtime below 99.9%. Refund requests must be submitted through a ticket to the billing department.
It is exclusively the Customer's obligation to maintain and control passwords to the Customer's Cloud system(s) and website (s). The Customer is exclusively responsible for all activities that occur in connection with the Customer's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Customer or authorized users. GB Cloud will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer's failure to comply with the foregoing security obligations or caused by any person to whom Customer grants access to Customer's Services. Any programs or scripts are solely the Customer's responsibility to update and secure.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the services in advance, on, or 7 days after the due date (including holidays). If you fail to do so your services will be suspended.
Payment must be made first by monthly, quarterly, semi-annually, or yearly (follow the package) and cannot be refundable in the whole part if the Agreement or any relevant part is terminated during the period of the payment. Payments shall be made according to the statement. All taxes, duties, and other charges payment made by any government authority in relation to this Terms of Service are responsible by the Customer.
All payments shall be made via RazerPay, BillPlz, PayPal, VISA, Mastercard, Bitcoin, or bank transfer to GB Network Solutions Sdn Bhd. All payments are private and secured by SSL. Customer details regarding credit cards or debit cards will not be recorded. Please email to [email protected] the invoice number and attached picture of the bank transfer remittance slip for verification.
If you want to set up auto-renewal, you need to make payments through PayPal and set an automatic payment to our PayPal ID on the same day you made your first payment every month.
You will be responsible for the payment of all taxes, fees, and other charges made by any government authority in relation to this Agreement (other than taxes payable on the overall income of GB Network Solutions Sdn Bhd).
Any invoice that is outstanding may result in the suspension or termination of services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as speciﬁed herein, we may suspend or terminate your account. We will not activate new orders or activate new packages for Customers who have an outstanding balance on their accounts.
All product services are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have two (2) weeks from the expiry date to pay the outstanding amount due for all products services. After 2 weeks, the data will be permanently deleted and cannot be restored.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, ﬁnancial institutions, and/or credit card companies.
The Provider reserves the right to change prices, the monthly payment amount, or any other charges at any time. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
Only the promo code can be used to redeem all promotions and discounts for all product services. If the offer has expired, the Provider has the right to reject any promo code.
The refund request is only applicable if there is any problem, trouble, difﬁculty, malfunctioning, complication, or issue with our site, server, services, products, panels, or hosting. Any request for a refund due to a change of mind, not interested in our services, bored with our services, zero knowledge of our services, or without any reasonable excuse are not valid. Refunds only will be credited into your credit account and can be used towards future services. Bitcoin payments are non-refundable. Software licenses are not eligible for refunds. Any request for a refund can be made through an open ticket via Client Portal.
Acceptable Use Policy
The Customer shall NOT use the services or the servers provided by the Provider to:
Send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint. Any Customer desiring to send bulk email is required to contact us first, describe the nature of the email messages, and wait for our approval. Customer accounts that are sending bulk email without our approval will be terminated immediately. No refund will be provided.
Access or attempt to access a computer or network resource that the Customer is not authorized to access. distribute, link to, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which the Customer does not have.
Store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
forge email headers or TCP/IP packet headers or engage in spoofing distribute worms, viruses, or Trojans.
violate export controls on any software or intellectual property.
access IRC. IRC access, IRC robots ("bots" or "clones"), IRC scripts, IRC eggdrops are completely forbidden. commit or attempt to commit any denial of service attack against any computer, network, or individual.
use any peer-to-peer programs.
Perform any form of network flood, DOS, (D)DOS or network attack of other internet machines.
Sbuse the storage disk(s), input/output operations or other kinds of resources.
Abuse other Customers' service level. If a large number of input/output disk operations are performed or other kind of resource abuse that is affecting other Customers' service level, The Provider is entitled to suspend the Customer's service.
Access war bots/X-DCC. War bots/X-DCC are not allowed. attempt to run shell hosting companies from the Provider's service.
If the Customer is (D)DOSsed, the Provider reserves the right to suspend that account to limit the attack. If the Customer is found to have caused the (D)DOS, that account may be suspended or cancelled. Abuse towards the Provider's staff in the form of verbal or other abuse that the Provider deems to be offensive may result in cancellation of the Customer's account.
No free hosting companies are allowed on the Provider's service due to the high risk of abuse by end clients.
Proxies are tolerated for personal use only. Should they cause an issue, GB Cloud has the right to suspend them and inform the Customer of the need to upgrade or move the proxy.
The Provider does not monitor and will have no liability for the contents of, or any communications transmitted by virtue of the services. Notwithstanding the aforesaid, the Provider reserves the right to withdraw the service without compensation to the Customer in the event of a breach of the Acceptable Use Policy. Any such breach shall be treated as a fundamental breach of contract.
Backup and Data Loss
Your use of the Services is at your sole risk. GB Cloud does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the company for backup. It is solely your responsibility to maintain backups. GB Cloud is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the GB Cloud’s servers.
GB Cloud reserves the right to terminate your service at any point after your invoice is overdue, and will not be responsible for any data loss due to termination. Cloud service may be suspended and/or terminated once your Cloud credit drops below $0. If you would like to renew the service, you are required to pay GB Network Solutions Sdn Bhd the fee described at the reminder or can perform a self-renewal at GB Cloud Customer Portal.
Upon termination of this Term of Service:
Termination will occur on all the Customer’s rights.
All outstanding balance fees will be allocated as a responsibility to the Customer.
All the materials related will be returned to GB Cloud without any copies retention.
Any debts or unpaid payments from Customers will give the rights to GB Network Solutions Sdn Bhd to collect the payment.
The Customer shall be responsible for copying or backup all the data and content that is stored at GB Cloud servers. GB Cloud will not be responsible to transfer content to another party.
After seven (7) days of the termination period, all the data will automatically clear and remove from the system without notice.
GB Cloud will not be responsible to refund any proportion of the software and/ or any licensing fees when Customer’s services include the purchasing of software licenses by GB Cloud on behalf of the client.