Terms of Services / Acceptable Use Policy

CubixCloud services are provided to you and regulated by the following terms which can be updated at any time with or without prior notice to the client.

Terms At A Glance:

Definitions / Terms

Let "user, client, subscriber, you, party, group, customer, member" refer to the user. (an agent, either a human agent (end-user) or software-agent who uses a computer or network service.)

As a viewer and/or user of the service, you hereby agree to adhere by applicable Acceptable Use Policies, agreements, and any other regulations that are applicable to your service. Documents can be found on CubixCloud.com.

Ticket System

CubixCloud requests you contact our billing, sales, technical support and other support departments via our Ticket system.  This can be found in the Client Area.  Client Area refers to the checkout area, login system, ticket system, upgrade center, etc.   The Client Area can be found at http://clients.cubixcloud.com/

Ticket response times are calculated from the time we receive the first ticket. This can be found in the client area.

Semi-Managed Support

Virtual Private Servers (VPSes), Dedicated, Cloud, and Hybrid servers which do not include a web hosting control panel (Example: cPanel) currently include semi-managed support (unless otherwise stated). Semi-Managed means that our administrators will handle many hardware, operating system, or basic configuration issues which may arise with your server. Some examples of issues our administrators will assist with on a semi-managed server may include, but are not limited to:

Tickets are replied to in the order that they are received.

Average Response time: Less than 8 hours

Response Time: Office Hours (Mon - Saturday 9am - 6pm Eastern)

If you have a specific question or require clarification on something which is not listed here please contact us via ticket or live chat. Tasks performed under our semi-managed support plan are at the discretion of the CubixCloud Support Management team.

Your Obligations

You agree that all information provided is true, accurate, up-to-date, and complete. If any of the information provided to us is not of what is expected, CubixCloud has an obligation and right to suspend, terminate, or refuse service to the customer.  You must keep your contact details updated at all times.  If we cannot reach you in a reasonable amount of time, your account may be suspended or terminated.

Responsibility & Liability

You are fully responsible for all activities on your account(s), server(s), and/or service(s) while using the provided service(s).

You agree, by using the service, not to:

CubixCloud officials / entities are not liable for any content you upload, data lost, legal fees and issues, etc.

Telephone Verification - (Updated October 10th 2012)

You may be required to provide telephone verification at sign-up time.  This is to make sure you are a real person, and not a spam bot.  Phone verification may or may not occur, and is done so at our discretion.  The process consists of you receiving an automated phone call, where a unique ID number is read aloud to you.  You must then type in the ID number where requested on the site to complete your order.

A CubixCloud representative may call you. This is to confirm that your order and all of your sign up details are correct. Three attempts will be made to contact you by calling the phone number you provided during sign up. If you do not connect with one of our representatives by the third call, your server will not be provisioned and your payment may be refunded.

Location Check

You must be truthful about your physical location when you sign up for services at CubixCloud.  You must select the correct country, and enter a valid physical address.  If we detect that you are not located where you say you are, we cannot process your order.

CubixCloud products are currently prohibited for sale, resale, export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to relevant trade sanctions. In addition, CubixCloud is prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, and similar documentation that prohibits sales to a specific person or location. By downloading or using any service from this site, you are agreeing to the foregoing and all applicable export control laws. You are also agreeing that you are not under the control of, located in, or a resident or national of any such country or on any such list. The information on export laws provided herein is not necessarily complete. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (BIS), or similar organization.

Suspension / Termination

CubixCloud may terminate, suspend, or remove your data at any time should we believe that you have misused our service(s) or violated our terms. You agree that this is a possibility while using our service and will do your best to follow the terms to the best of your abilities.

Terminated and suspended customers will not receive a refund. We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, one-time fees, software, licenses, monthly fees, SSL certificates, overage charges, or similar. In case of AUP/ agreement violations, any and all refunds are forfeit. If you are unsatisfied with your purchase, we allow certain services to be refunded within reason. In order to work out refund details, you are responsible for contacting the billing team via our support ticket system.

Account Deactivations

Any account deactivated due to non-payment or other reason will require a reactivation fee of $15.00 prior to reactivation depending on the situation. Please contact the support team via our ticket system for more information on reactivation of a service.


Refunds are given by the discretion of the CubixCloud sales administrators. Refunds are not guaranteed, however within the first 10 days of the service(s) being new, we will normally grant a refund for a valid reason.


By the Account Activation Date of each month, CubixCloud shall: Deliver, by e-mail or postal mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to CubixCloud by no later than the specified payment due date. CubixCloud shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction.

In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Certain services carry a setup fee charged by CubixCloud to client, which must be paid by client in order to have use of said services.

If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to CubixCloud and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If you have a billing question or an error was made, you are responsible for contacting the billing team via our ticket system.


Any attempt to undermine or cause harm to a server or customer of CubixCloud is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account may be suspended or terminated without chance of refund.

Abuse of our service(s) of any sort to any hosted service will void and/or null possible support, refunds, service, or any other service provided by CubixCloud. Abuse of the service is considered (but not limited to):

Document / Prices / Term Changes

We may change these terms at any time with or without prior consent of the end-user. CubixCloud reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.


CubixCloud cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits, which a client would have gained if their site was functioning. Certain services provided by CubixCloud are resold. All hardware is not owned by CubixCloud. Thus, certain equipment, rented or resold, routing, software and programming used by are not directly owned or written by CubixCloud. Moreover, CubixCloud holds no responsibility for the use of our clients' accounts

Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as sees fit. If you see specific reasoning for your money back or repayment, contact the billing team via our Ticket system.

Limitation of Liability

CubixCloud shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Furthermore, CubixCloud Web Services or sub companies shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site, service, or server from one of CubixCloud servers. All damages shall be limited to the immediate termination of service.

Account Security

You are responsible for keeping your account secure. Do not give your password out to anyone. CubixCloud staff will never ask for your password through any means of live chat. Ticket systems are the most secure way this sensitive information to be transmitted.

Server Uptime Guarantee

Our network and servers are monitored 24/7. Our average uptime on any given month is 99.9%. If you have a problem, or you notice an extreme amount of downtime, it is your responsibility to contact the support team via the Ticket system.

CubixCloud reserves the right to deny SLA credit from a user, if necessary.

Service Level Agreement (SLA) Credit

SLA Downtime Credits

This credit will be given upon your request following any downtime that occurs with your services. The reported downtime must not be caused by the following situations: A DoS attack, hack, environmental data center damage, etc.

Credit will be applied for Network issues which isn't interrupted by abusers/attacks and that also is not scheduled. You will always receive emails for scheduled downtime and maintenance. The credit is a percentage of your current monthly hosting/service cost (excludes domains, dedicated IPs, software, licenses, service addons, service upgrades, etc). This credit can be used to purchase additional services or go towards a future bill payment. In most cases, these credits have no cash value. This applies to virtual servers, shared web hosting, dedicated, cloud, hybrid servers, and game servers.

99.1% to 99.9% will result in a credit of: 5%

98% to 99% will result in a credit of: 10%

95% to 97.9% will result in a credit of: 25%

90% to 89% will result in a credit of: 50%

89% or below will result in a credit of: 100%

CubixCloud reserves the right to make changes to our SLA program at any time.

If we have an unacceptable amount of downtime or maintenance, the 10 day money back guarantee (does not apply to all services) can be extended to 36 days. In this case, downtime must equal two occurrences. CubixCloud reserves the right to change or modify the terms and conditions applicable to the use of this SLA credit program at any time.


CubixCloud issues licenses to their customers per request. These licenses are not for resale, redistribution, copy, etc. These licenses are on a LEASED basis per machine, per customer. By receiving a license and accepting the terms of a service, you agree that you will not copy or save the "Owned" or "leased/rented" license from your dedicated service. Some licenses are issued on a per-server basis. These licenses are licensed to us and our provider. You are not to keep the license unless otherwise directed and signed off by CubixCloud staff. Penalty can result in suspension or termination of your service(s).


CubixCloud has a strong anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, CubixCloud may, at its sole discretion, restrict, suspend or terminate customer's account.

Further, CubixCloud reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CubixCloud will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account. The total limit of emails to be sent and received per hour is 250.

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. Customer will not use another site's mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside CubixCloud network. Sending Unsolicited Bulk Email ("UBE", "spam") The sending of any form of Unsolicited Bulk Email through CubixCloud's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on CubixCloud's servers, is prohibited.

P2P Software

CubixCloud does not allow any P2P software whatsoever.  Our servers are located in the US. Warez and Warez linking/Torrents is strictly forbidden in US due to copyright laws.  Any accounts found having either P2P software or torrent files will be terminated or suspended with or without notice.

IRC networks

IRC cannot be hosted on shared hosting accounts. You're able to run IRCd / IRC networks on VPS, reseller VPS, Power Plan VPS and dedicated servers only.

Free Hosting Websites

It is absolutely forbidden to host a website that offers free web hosting on any CubixCloud web server. This does not apply to virtual private servers (VPS).

Account owners found to be in violation of this rule will be warned and told to take the site down. If the formentioned account offers such services again, users account and all accounts under him (the user) will be immediately suspended and remain so for the rest of eternity. The term free can and will be used liberally in describing said services. For example, sites selling hosting for $0.01 sites selling hosting for $1.00 a year would fit into the free category. CubixCloud reserves the right to make judgements on its sole discretion about which sites are providing free hosting.


We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Domain names are resold from other providers in order to assist "new" users. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is forbidden.

Audio/Video File Hosting

Audio/Video file hosting is not shared hosting friendly. As such, CubixCloud does not allow hosting of audio or video files unless being directly streamed to viewers (not for large downloads). Offending accounts will be suspended or terminated without notice. Contact support for further information on this. You may stream and offer content for download from our VPS systems.

Adult Content Hosting.

This includes, but is not limited to, pornography. CubixCloud believes in a clean business environment, as such, users are prohibited to store, forward, relay, produce, or engage in any form of pornography. If you are unsure about your site content, please contact CubixCloud through your Client Control Panel - Ticket system.

Gambling Sites

We have a no gambling site policy at this time. Proceed with caution and expect the worst.


Applies to all CubixCloud services: CubixCloud is not responsible for backing up, or restoring, any software or data. Data security and preservation is very important to CubixCloud and/or our providers however, we cannot guarantee your data is 100% safe. Please purchase an additional server and/or solution for backup or backup off site.

Unlimited Features

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited" or "Unmetered". We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service + Fair Use/Usage agreement; utilize disk space and bandwidth related to normal operation of a personal or small business web site. If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, contents will be removed and while we make best effort to contact customers before hand, suspension can occur without notice.

Excessive Resource User Policy

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. CubixCloud offers a shared hosting service (web hosting or VPS on shared node) in which environment customers may share resources with other customers, therefore it is imperative that CubixCloud control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 512 MB Memory and/or 20 concurrent connections also known as "Computing Resources", and/or "Resources", and/or "Resource Usage" , for example. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc.

To prevent service disruption for other customers, a hosting account that exceeds the included computing resources may be slowed down automatically for as long as the resources are being overused. Also, CubixCloud will contact the client. Unlimited web hosting should be used with the understanding that space is not unlimited and no servers exist with unlimited disk and bandwidth. Please keep in mind that you're in a shared environment. CubixCloud will make every reasonable effort to notify customer prior to suspension, however, CubixCloud may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server.

CubixCloud will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel. 1Gbps / 100Mbps / 1000Mbps Shared Networks: CubixCloud reserves the right to limit your network speed on a shared network. Users who use more than 90% Network speed/bandwidth at any time may be limited. Virtual servers are on a shared environment and network.

Please be considerate.

- CubixCloud Staff

Revision History:

09.26.2012 / 7.27PM EDT -- Full document and layout