Powerful. Efficient. Flexible.Reliable next-generation cloud infrastructure

General Provisions

1. These Terms of Service (these "Terms") are established by CUBECLOUD ("CUBECLOUD", "we", "us" or "our") and apply to all products and services purchased or used by you from us (collectively, the "Services"). These Terms constitute the basis of the rights and obligations of the parties and of the resolution of disputes between them.
2. You must read these Terms in full before registering an account or placing an order. Where you check the box indicating your acceptance of these Terms on the relevant page and submit an order or complete payment, you will be deemed to have read, understood and agreed to these Terms, the Acceptable Use Policy and the Privacy Policy (collectively, the "Site Policies").
3. You enjoy the rights conferred by these Terms and must perform the obligations arising hereunder. Any dispute arising between you and us in the course of your use of the Services shall be governed by these Terms.

Acceptable Use

You must not use the Services to engage in any of the following:

1. running cryptocurrency mining, traffic mining, unattended video playback, cluster computing, mutual traffic exchange or other programs that occupy CPU, bandwidth or disk resources substantially over an extended period;
2. initiating or participating in network attacks, including but not limited to DDoS, ARP attacks and hijacking, weak-password scanning, brute-force attacks, and any other conduct that interferes with the operation of another person's systems;
3. using multi-multiplier packet-flooding tools such as FinalSpeed, or saturating bandwidth continuously over an extended period. VPS products are provided with shared bandwidth; you must use them reasonably and must not affect other customers;
4. uploading, storing or disseminating obscene or pornographic content (including child pornography) or any other unlawful content;
5. reselling, renting out or publicly sharing the Services without our prior written authorization;
6. building nested virtualization within the Services, except on dedicated servers;
7. registering multiple accounts under the same customer, or using multiple accounts to obtain referral rebates;
8. abusing the ticket system, including but not limited to insulting or threatening our staff, submitting meaningless tickets, repeatedly pressing an issue after a solution has been provided, or submitting tickets in bulk;
9. building or providing VPN services or proxy services of any kind, including but not limited to services using OpenVPN, PPTP, L2TP, IPsec or WireGuard protocols;
10. disseminating false information or otherwise damaging our goodwill.

Billing and Currency Settlement

1. We sell in three currencies: Chinese Yuan (CNY), Hong Kong Dollar (HKD) and US Dollar (USD). The price in each currency is determined separately on the basis of payment-channel costs and other operating costs, and is not a simple conversion at exchange rates.
2. You may switch currencies on the sales page to view the corresponding price. The final charge will be made in the currency corresponding to the payment method you select, at the price applicable in that currency.
3. Cross-currency top-ups: In accordance with the principle set out in the preceding paragraph, where you make a top-up through a channel in a currency other than your account currency (for example, where a CNY account is funded by a USD payment), the system will settle the amount by reference to the ratio between the respective prices in those currencies. For example, a top-up of 1 CNY requires payment of 0.1745 USD or 1.3500 HKD.

Refunds and Chargebacks

1. Except in the following circumstances, Services already sold are non-refundable:

(1) we cease to provide the relevant product before the expiry of the service term;
(2) the server is continuously unavailable for more than 24 hours for reasons attributable to us.
In such circumstances, the refund shall be calculated on a pro rata basis by reference to the remaining service term.

1. Where, having acknowledged these refund rules, you nevertheless initiate a chargeback or dispute with a payment institution, such chargeback or dispute shall be deemed a malicious chargeback. We shall be entitled to terminate the Services, close your account, place you on a blacklist, and recover from you, in accordance with law, all losses arising therefrom.

IP Addresses

1. We operate automated testing systems to ensure that IP addresses are usable at the time of delivery.
2. During the service term, where an IP address is blocked or its access restricted by any third party (including but not limited to carriers, firewalls, websites or blacklisting organizations) as a result of your conduct in using the Services, you shall bear the responsibility yourself. On the premise that we ensure the normal operation of the product itself, you may not apply for a refund on the ground that an IP address has been blocked.

Compliance and KYC

1. We conduct our business in accordance with the laws and regulations of the jurisdictions in which the Services are provided (including but not limited to the Hong Kong Special Administrative Region and the United States of America). In using the Services, you must also comply with the laws and regulations of the jurisdictions in which the Services are provided and of your own jurisdiction, and you must not use the Services to engage in any activity prohibited by the laws of the People's Republic of China.
2. Pursuant to Article 24 of the Cybersecurity Law of the People's Republic of China, the Personal Data (Privacy) Ordinance of Hong Kong (Cap. 486) and the relevant laws of the United States, we are entitled to require you to complete real-name/KYC verification. The identity information you provide must be true, accurate and complete. Where verification is not completed or the information provided is untrue, we are entitled to suspend or refuse to provide the Services.
3. Complaints concerning copyright infringement will be handled by us by reference to the Digital Millennium Copyright Act of the United States (DMCA, 17 U.S.C. § 512) and the Copyright Ordinance of Hong Kong (Cap. 528). In respect of conduct involving unauthorized access to computer systems, we will, by reference to the relevant provisions of the Computer Fraud and Abuse Act of the United States (18 U.S.C. § 1030) and the Crimes Ordinance of Hong Kong (Cap. 200), cooperate with law enforcement agencies in lawful investigations.

Data and Backups

1. Our products employ hardware RAID (RAID 5 / RAID 10) to reduce the risk of data loss caused by hard-disk failure, but we do not provide off-site backups (other than where an off-site backup service is ordered separately for a fee). You should back up important data yourself.
2. After the expiry of the service term, we may retain your data temporarily, but we give no guarantee in this respect; retention shall not exceed 7 days, after which the data will be permanently deleted. Any data loss resulting from a failure to renew in time shall be borne by you.

Disclaimer

We shall not be liable for any interruption of the Services, degradation of performance or loss of data arising from any of the following causes:

1. your arrears, failure to renew, or failure to remember to renew;
2. improper operation by you or other causes attributable to you;
3. your content or conduct violating the Site Policies or any laws or regulations;
4. force majeure, including natural disasters, war, governmental acts and social events;
5. accidental failure of hardware or hard disks;
6. fluctuations, maintenance or cable cuts on the lines of third-party carriers.

In addition, we are responsible for ensuring the normal operation of the Services we sell; we are not responsible for software installed or configured by you, and we assume no technical support obligation in respect thereof.

Amendment and Interpretation

1. We are entitled to amend the Site Policies. Amended versions take effect on the date of their publication on the Site, and no separate notice will be given to you individually at that time; your continued use of the Services constitutes acceptance of the amended version.
2. To the extent permitted by law, the right to interpret these Terms is vested in CUBECLOUD.

General

1. This Acceptable Use Policy (this "Policy") applies to all services provided by CUBECLOUD ("CUBECLOUD", "we", "us" or "our") (the "Services") and forms an integral part of the Terms of Service. In the event of any inconsistency between this Policy and the Terms of Service, the Terms of Service shall prevail.
2. By using the Services, you agree to comply with this Policy and are responsible for ensuring that your end users comply with it as well. Any violation by your end users shall be deemed a violation by you.
3. You shall not use the Services in any manner that damages, disables or overloads our services or those of any third party, that interferes with the normal use of the Services by others, or that obtains any data or information by unauthorized means.

Prohibited Conduct

You and your end users shall not use the Services to engage in any of the following:

1. Operating or promoting illegal contests, lotteries or gambling;
2. Occupying substantial amounts of bandwidth on a sustained basis over an extended period, or using improperly configured acceleration modules such as FinalSpeed or unofficial BBR;
3. Running programs that consume large amounts of CPU over extended periods, such as cryptocurrency mining;
4. Defaming, harassing, stalking or threatening any person, or otherwise infringing the lawful rights of others, including privacy rights and rights in one's likeness;
5. Publishing, uploading, storing or disseminating defamatory, obscene or otherwise unlawful content, including child pornography in any form;
6. Publishing, uploading or disseminating content that incites discrimination, hatred or violence on the basis of race, religion, nationality or other such grounds;
7. Uploading or making available images, software or other materials protected by copyright, trademark rights, privacy rights or rights in one's likeness without the authorization of the rights holder;
8. Using any material in a manner that infringes the copyright, trademark, patent, trade secret or other proprietary rights of others;
9. Uploading or disseminating viruses, trojans, worms, logic bombs or other malicious programs;
10. Downloading files that you know, or should reasonably know, may not be lawfully distributed;
11. Removing or altering author attributions, copyright notices, legal notices or source identifications contained in any file;
12. Restricting or interfering with other users' normal use of the Services;
13. Violating any code of conduct or usage guidelines applicable to a particular Service;
14. Collecting information about others (including email addresses) without their consent, except in the course of ordinary operations conducted in accordance with the privacy policy published on your website;
15. Impersonating another person or falsifying an identity in order to mislead others;
16. Operating a Tor exit node;
17. Copying, downloading, selling or otherwise making available to others the user directory of the Services or any other user information;
18. Conducting network probing or port scanning without the express authorization of the target host or network;
19. Using bots to bulk-purchase goods, or engaging in other conduct that violates the terms of service of a third party or that may result in our IP addresses or network being blocked;
20. Establishing or providing VPN services (including, without limitation, OpenVPN, PPTP, L2TP, IPsec, WireGuard and Cisco AnyConnect) or proxy services of any kind;
21. Sending spam or other unsolicited bulk email;
22. Violating any applicable laws or regulations.

Resource Use

1. Where the CPU usage of an instance exceeds a reasonable level, we reserve the right to limit its CPU usage in order to safeguard the performance of other users on the same node.
2. Where bandwidth is a shared resource for a given product, you shall not saturate the allocated rate on a sustained basis. We reserve the right to rate-limit the network port of a virtual machine.

Content and Disclosure of Information

1. We are under no obligation to monitor the content of the Services, but we reserve the right to review such content and to remove content that violates this Policy at our sole discretion.
2. In order to comply with laws and regulations, legal process or governmental requirements, we have the right to disclose the relevant information, or to edit, refuse to publish or delete the relevant content.
3. We do not control or endorse content published by users through the Services, and we assume no liability for such content or for any conduct arising therefrom.

Violations and Enforcement

1. Serious violations, including without limitation network attacks, unlawful content, spam, fraud, and conduct that causes our IP addresses or network to be blacklisted: we reserve the right, at our discretion, to terminate the Services immediately without prior notice.
2. Other violations: on a first violation, we will suspend the Services concerned; on a repeat violation, we will terminate the Services.
3. Upon termination of the Services, your right to use the Services terminates immediately, and all other rights and obligations of the parties shall be governed by the Terms of Service. Fees already paid are non-refundable. We are not responsible for retaining any data following termination.

General

This Privacy Policy (the "Policy") concerns CUBECLOUD and you, as a user of the Site.

This Policy describes how we use the information we receive about you when you visit our Site or subscribe to or otherwise use our online services. This Policy does not cover any information we may receive about you through channels other than the Site.

Amendments to this Policy

The last modified date for this Policy is shown above. We reserve the right to modify, amend or revise this Policy and our other policies and agreements at any time and in any manner. We will post any updates to this Policy on our Site. You should periodically check this Policy for any modifications by revisiting this web page. If we make any changes to this Policy that materially affect our practices with respect to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance by highlighting such change on our Site.

Information We Collect

Visitors to our Site and services interact with us in a variety of ways. Depending on your level of interaction, we will collect different information about you. We collect information about you directly from you and from third parties, as well as automatically through your use of our Site. The types of information we collect are as follows:

Members — Members who subscribe to our services will be prompted to provide their name, address, age, telephone number and any other billing information as necessary.

All Site Users and Visitors — We automatically collect the following information from all users and visitors through cookies, web beacons and other technologies: your domain name; your browser type and operating system; the web pages you view; the links you click; your IP address; the length of time you visit or use our Site; and the referring URL, or the web page that led you to our Site. We may combine this information with other information we have collected about you, including, where applicable, your username, name and other personal information. For more information, please see the "Cookies and Other Tracking Mechanisms We Use" section below.

Cookies and Other Tracking Mechanisms We Use

We and our third-party service providers use cookies and other tracking mechanisms, including tracking mechanisms designed for mobile applications, to track information about your use of our Site. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities on our Site and services, including for online advertising purposes.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The "Help" section of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Site who disable cookies will be able to browse certain areas of the Site, but some features may not function properly.

Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a computer's hard drive, clear GIFs are embedded in web pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags) in the Site to, among other things, track the activities of Site visitors and users, help us manage content and compile statistics about Site usage. We and our third-party service providers may also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed and track whether our e-mails are forwarded.

Third-Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We may also use other analytic means to evaluate our Site. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. To learn more about Google's privacy practices, please review the Google policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent Google Analytics from using your data at https://tools.google.com/dlpage/gaoptout.

Third-Party Ad Networks. We may work with third-party ad networks to display advertising on other websites that is tailored to your interests. These ad networks may use cookies and other technologies to collect information about your browsing activities across different websites. You may opt out of receiving targeted advertising through the opt-out page of the Network Advertising Initiative at https://optout.networkadvertising.org/ or the opt-out page of the Digital Advertising Alliance at https://optout.aboutads.info/. If you opt out, you may still see advertising, but it will no longer be tailored to your interests.

Do Not Track. Currently, our systems do not recognize browser "Do Not Track" requests. You can, however, disable some of the tracking described in this section (for example, by disabling cookies), and you can also opt out of receiving targeted advertising as described above under "Third-Party Ad Networks."

How We Use Your Information

We use your information, including your personal information, for the following purposes:

• To provide our services to you, communicate with you about your use of our services, respond to your inquiries, fulfill your orders and for other customer service purposes.
• To tailor the content and information that we may send or display to you, such as displaying information about your use of our cloud services, providing location customization and personalized help and instructions, and tailoring your experience while using the Site.
• For marketing and promotional purposes. For example, we may use your information, such as your e-mail address, to send you news and newsletters, special offers and promotions, or to otherwise contact you about products or information that may interest you. We may also use the information we learn about you to assist us in advertising our services on third-party websites.
• To better understand our users and how the Site is used, whether in aggregate or individualized form, in order to improve our Site and services and to respond to user desires and preferences, and for other research and analytical purposes.
• To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order or other legal process, such as in response to a court order or a subpoena.
• To protect the safety, rights, property or security of CUBECLOUD, our services, any third party or the public; to detect, prevent or otherwise address fraud, security or technical issues; to prevent or stop activity that CUBECLOUD, in its sole discretion, may consider to be, or to constitute, illegal, unethical or legally actionable; as evidence in litigation; to conduct audits; and to enforce this Policy, our Acceptable Use Policy and our Terms of Service.

How We Disclose Your Information

We may share your information, including personal information, as follows:

Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.

Service Providers. We may disclose the information we collect from you to third-party vendors, digital wallet companies, service providers, contractors or agents who perform functions on our behalf.

We also disclose information in the following circumstances:

In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order or other legal process, such as in response to a court order or a subpoena.

To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service, Acceptable Use Policy or this Policy, or as evidence in litigation in which CUBECLOUD is involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Retention of Information

We retain information such as your account information, access logs and transaction records in order to provide our services to you, perform our contracts, satisfy compliance requirements and cooperate with the lawful requirements of law enforcement agencies and courts.

Security of Your Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse and unauthorized access, disclosure, alteration and destruction. For example, we take measures, including data encryption, to protect the transmission of sensitive end-user information. However, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. We take reasonable measures to prevent such security breaches, but given the resourcefulness of cybercriminals, we cannot guarantee that our security measures are one hundred percent impenetrable. You assume the risk of such security breaches, even where they occur notwithstanding our reasonable security measures.