Last updated: March 2024
We have updated Section 6: Copyright Compliance: DMCA and European Regulations, effective March 17, 2024. Please read the following terms.
These Terms of Service (the "Agreement") are an agreement between Tudcloud ("we", "us", "our" or the "Company") and you (the "User" or "you" or "your"). This Agreement sets forth the general terms and conditions governing your use of the products and services offered by Tudcloud and the Tudcloud website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Please read Tudcloud service terms and disclaimers carefully before purchasing products and services, and confirm your acceptance of these terms when placing an order. Disputes arising in connection with Tudcloud services or products shall be resolved in accordance with this Terms of Service. Tudcloud reserves the right to change these Terms and any additional terms at any time without notifying you. Changes to the terms are effective for all customers. If you do not agree to the changed terms, you have the right to cancel the service.
1. Prohibited use
- If the following terms are violated, we have the right to immediately suspend or terminate the service and refuse to provide any form of refund without prior notice, and may cooperate with local law enforcement agencies in investigations.
- It is strictly prohibited to upload and operate online content related to gambling, crime, child pornography, piracy, infringement, imitation, fraud, stocks, futures, various securities, virtual currency transactions and any currency transactions, movie channels and lottery (including time-based lottery, Mark Six), including but not limited to the above illegal activities.
- Use the host to send external and internal packets (whether active or not), ARP attacks, ARP hijacking, scanning for weak passwords, malicious exhaustion, and interference with other servers.
- Use the host to send spam (SPAM), spam (messages, posts), spread Trojans, viruses (including malicious files that refer to other servers).
- Use torrent or similar protocols to download or distribute copyrighted content without authorization.
- Nested virtualization (Java is not subject to this limitation).
- Use net_speeder/finalspeed/kcptun and other software that interferes with the operation of other servers.
- Run software that consumes large amounts of CPU, bandwidth, and hard disk resources, such as mining, various virtual currencies, video hangups, cluster computing, and traffic exchange (dedicated server products with exclusive bandwidth may not have this restriction, subject to product description).
2. Rules for rational use of resources
- Please do not use software that affects network performance (including but not limited to: PT download, BT download, external outsourcing, etc., except where exclusive bandwidth products apply).
- Do not occupy a large amount of hard disk I/O for a long time, or use software that affects server stability (including but not limited to: PT download, BT download, etc., except for applicable dedicated server products).
- Do not occupy a large amount of CPU for a long time with software that affects server performance (including but not limited to: cluster computing, mining virtual currency, etc.; dedicated server products may not have this restriction, subject to product description).
- Account verification and order review may be required before services are activated.
- When customers submit orders, we may share customer data (account information, customer IP, payment gateway information, etc.) with our anti-fraud service providers (for example, MaxMind) to maintain service quality. By placing an order, you consent to such sharing where applicable. We may modify the categories of customer data shared without prior notice.
- Due to compliance requirements in some regions, we may review account information before a product is activated, and require you to verify your registered email address, correct user information, and complete real-name or identity verification as appropriate. For customers who refuse to cooperate with verification, data correction, or real-name verification, we reserve the right to refuse activation without refund.
3. Chargeback protection and chargeback disputes
- Except for special offers, refunds may be requested unconditionally within 24 hours of purchasing Tudcloud products; no refunds will be accepted after 24 hours, unless otherwise required by law.
- If the product is taken offline before the service expiration date or the server experiences a failure for more than 24 hours, you may apply for a refund based on the remaining service time, subject to our policies.
- Refunds via any supported channel may be credited to account balance only, unless we specify otherwise. If you initiate a dispute or similar action without communicating with us through the payment channel as required, you may not receive any refund, and we reserve the right to terminate all products under the account and restrict access to the account.
- We will not provide a refund guarantee in any of the following situations:
- Personal attacks are made against customer service staff during the communication process.
- Services are suspended or terminated for violating the Terms of Service.
- Malicious trial or abuse of the product.
- More than 24 hours after payment completion (except where a stated policy applies).
- The IP address is blocked due to attacks, bans, or prohibited packet sending.
- Multiple repeated purchases and refunds (3 or more times).
4. Disclaimer
- We will not provide a refund guarantee in any of the following situations:
- Service unavailability or data loss due to user account arrears, non-renewal, or failure to renew.
- Service unavailability or data loss caused by user operation or related actions.
- Service unavailability or data loss due to website content or use in violation of the Terms of Service.
- Service unavailability or data loss caused by force majeure (social/natural factors, etc.).
- Unless otherwise specified, we only guarantee server bandwidth quality as described in the product and do not guarantee the quality of any regional or cross-border routing.
- For newly opened machines with unusable IPs, we may offer free replacement with available IPs; more than 4 hours of unusable IP may incur an IP replacement fee (e.g., USD 3), subject to published pricing.
- For any network failure, please provide screenshots from ipip.net, MTR screenshots, and/or traceroute screenshots. For speed-related issues, use iperf3 test screenshots; otherwise, the technical team may decline to respond to related inquiries.
- For general VPS products, we may not provide application-level technical support except for hardware/network failures unless you purchase additional support options.
- Tudcloud is not responsible for any illegal activities conducted by users. If users engage in illegal activities such as fraud, money laundering, false advertising, hacking, etc., using Tudcloud services, Tudcloud reserves the right to immediately terminate services and freeze the user’s account, with no refund provided. Users will be fully responsible for any legal liabilities arising from these actions, and Tudcloud may provide relevant information to law enforcement agencies when required by law.
- Tudcloud is not responsible for any direct or indirect losses caused by users’ illegal activities, whether or not these losses were previously notified. Users must bear all consequences related to illegal activities, including but not limited to legal proceedings, fines, and damages.
5. User Content
You may upload, store, publish, display, and distribute information, text, photos, videos, emails, and other content (collectively, "User Content") on or through the Services. User Content includes any content posted by you or users of any website hosted through the Services (a "User Website"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Tudcloud that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you grant to Tudcloud a non-exclusive, royalty-free, worldwide right and license to: use, copy, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content as reasonably necessary to operate the Services. Tudcloud does not acquire ownership of your User Content; you retain your rights subject to the license above.
Where promotion or affiliate features are available, after a promotion account is activated you may provide promotions to both registered and unregistered users. The system may automatically calculate commissions after purchases (commissions may not be given for self-referrals across multiple accounts controlled by the same person).
6. Copyright Compliance: DMCA and European Regulations
You agree to comply with all applicable laws, rules, and regulations, including but not limited to local rules regarding online activities, content, and email in your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Under European Directive 95/46/EC and the General Data Protection Regulation (GDPR) 2016/679, you acknowledge and agree that, for the personal data of your subscribers or customers, you are the controller as defined in the GDPR, and we are the processor, to the extent that you use our services to store personal data in compliance with this Agreement.
You agree to comply with all applicable copyright laws, including the U.S. Digital Millennium Copyright Act (DMCA) and relevant copyright laws of the European Union. In the event of a copyright infringement claim, Tudcloud will follow applicable procedures. If a user is found to be in violation of these copyright laws, Tudcloud reserves the right to take action, including but not limited to suspending or terminating the user’s service without refund.
7. Comply with applicable laws
You agree to comply with all applicable laws, rules, and regulations, including but not limited to local rules regarding user content, user websites, online activities, emails, and your use of the Services in your place of residence or the location of your organization. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The Services are controlled and operated by us from our facilities (we may share data with third parties around the world to assist us in providing the Services, as further described in our Privacy Policy), and we make no representation that the Services are appropriate or available for use in all locations. Those who access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. We will not provide the Services where prohibited by law.
With respect to the European Directive 95/46/EC, the GDPR, and any applicable national implementing laws in your jurisdiction, you acknowledge and agree that for the personal data of your subscribers or customers, you are the controller (as defined in the GDPR), and we are the processor (as defined in the GDPR), insofar as you may store personal data through the use of our Services in compliance with this Agreement. You further acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law, including the GDPR.
To the extent GDPR applies to you, you represent and warrant that, in using our Services, you will clearly describe in writing how you plan to use any personal data collected, and you will ensure that you have a lawful basis for transmitting such personal data to us and that you have obtained all necessary consents to allow us to receive and process (e.g., store) such personal data on your behalf. If you are a controller bound by GDPR, additional data processing terms may apply as stated in your order or a separate data processing agreement.
