Terms and Conditions for Cloud Server & Dedicated Server Leasing Clients
Last updated: 2023-February-1
Welcome to Everest Cast (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://everestcast.com https://vdopanel.com https://everestpanel.com https://my.everestcast.com https://everestcast.host https://hosting.everestcast.com (together or individually “Service”) operated by Everest Cast.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
- By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].
- Payment Terms: Clients are required to pay their invoice by the due date mentioned on the invoice. Payment should be made on an advance basis.
- Non-payment: If the client fails to clear the invoice by the due date, the company reserves the right to suspend the service with or without notice. The company will not be held responsible for any data loss or any other issues that may arise as a result of the suspension.
- Reactivation: If the client wishes to reactivate the server after suspension, a fee of $25 will be charged. The reactivation process may take up to 24 hours.
- Grace Period: A grace period of 24 hours will be provided only if the client requests it. After the grace period, if the client fails to pay, the server will be terminated.
- Termination: The company reserves the right to terminate the server within 3 days of the due date if the client fails to pay. The client will not be entitled to any refund if the server is terminated due to non-payment.
- Backup: It is the client's responsibility to take regular backups of their data. The company will not be held responsible for any data loss or corruption.
Service Cancellation Policy:
- Cancellation Request: In order to cancel the Cloud Server & Dedicated Server service, the client must submit a request by opening a ticket from their client area on our website.
- Advance Notice: The client must provide at least 15 days advance notice of the cancellation request before the next billing date. Failure to do so may result in charges for the next billing cycle.
- Non-Refundable: The client will not be entitled to a refund for any unused portion of the Cloud Server & Dedicated Server service.
- Termination: Upon receipt of the cancellation request, the service will be terminated at the end of the current billing period. The client will be responsible for any charges incurred up until the termination date.
- Data Backup: It is the client's responsibility to take a backup of their data before requesting cancellation of the service. We will not be held responsible for any loss of data or any other issues that may arise due to the cancellation.
Software Support Policy:
- Supported Software: We provide software support only for the control panel developed by our company and the Operating System (OS) that we support. We do not provide support for any other third-party software or applications.
- Limitations of Support: Our software support is limited to the installation, configuration, and maintenance of our control panel and the supported OS. We do not provide support for any customization or modifications made by the client.
- Responsibility: The client is solely responsible for the installation, configuration, and maintenance of any third-party software or applications that they choose to install on their Cloud Server & Dedicated Server.
- Acceptable Use Policy: Clients must comply with our Acceptable Use Policy. Any violation of the policy may result in the suspension or termination of the service.
- Liability: We will not be held responsible for any loss or damages incurred as a result of server downtime, data loss, or any other issues arising from the installation, configuration, or maintenance of any third-party software or applications.
Prohibited Uses Policy:
- Lawful Use: Clients must use the service only for lawful purposes and in accordance with these Terms and Conditions. Any use of the service that violates any applicable national or international law or regulation is strictly prohibited.
- Protection of Minors: Clients agree not to use the service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- Advertising and Promotion: Clients agree not to use the service to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- Impersonation: Clients agree not to impersonate or attempt to impersonate our company, a company employee, another user, or any other person or entity.
- Illegal or Harmful Use: Clients agree not to use the service in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Use Restrictions: Clients agree not to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the service, or which, as determined by us, may harm or offend our company or users of the service or expose them to liability.
- Discrimination: Clients agree not to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Pornographic Content: Clients agree not to broadcast or distribute any pornographic content using the service.
- Violation of Prohibited Uses: Any violation of these Prohibited Uses may result in the suspension or termination of the service, without notice or refund, and may also result in legal action if deemed necessary.
Overdue Payment Policy:
- Payment Due Date: Clients must clear their invoices by the due date and maintain an advance payment basis.
- Service Suspension: If the client fails to pay on the due date, we reserve the right to suspend the service, with or without notice.
- Service Reactivation: To reactivate the suspended service, clients must pay a reactivation fee of $25. We provide a grace period of 24 hours only if requested by the client.
- Service Termination: If the client fails to pay within three days of the due date, we reserve the right to terminate the service.
- Payment Gateway: We use 2Checkout and FastSpring as our payment gateway for subscription payments.
- Insufficient Balance: If clients have a subscription payment but do not have sufficient balance at their payment method, 2Checkout and FastSpring will charge the card on file to cover the due amount for the suspended service for the previous due invoices.
- Non-Refundable Payments: Payments collected for the suspended service are not refundable.
- Account Up-to-Date: Clients must keep their accounts up-to-date with current payment information to avoid suspension of service due to overdue payments.
- Service Continuation: If a service is suspended due to overdue payments, but not canceled, the client is responsible for all charges incurred during the suspension period.
No Refund Policy:
- Refund Policy: We do not provide refunds for any of our services purchased from us, including Cloud Server, Dedicated Server, Stream Hosting, Domain Registration, and Software Licenses.
- Trial Period: Instead of a refund, we offer a 30-day trial period for Audio and Video Stream hosting and a 7 to 15-day trial license key for software licenses.
- No Trial Period or Refund: We do not offer any trial period for Cloud Server and Dedicated Server, and no refunds will be provided for these services.
- Agreement to Policy: By purchasing any of our services, you agree to our no refund policy.
- Exemptions: This policy is exempt from any legal obligations that require refunds.
We stand behind the quality of our services and products, and we are confident that our customers will be satisfied with their purchases. If you have any questions or concerns, please contact us before making a purchase.