Terms of Use


1.) Account Activation / email used for registration

Your account will be activated after the effective confirmation of payment for the contracted service(s). This confirmation will be obtained from the financial institution responsible for processing the transaction and validated after proof of legitimacy. At the time of contracting the service, the customer must register an email not belonging to one of the domains that they will host in their plan. This email will be used for communication between Ayoo Cloud and the customer, therefore it is the customer's responsibility to keep their registration always updated. Providing false identification information will result in the cancellation of your account.

For any type of hiring made with a credit card, the submission of information proving the legitimacy of the purchase may be requested. If this request is not met, the order may be considered fraudulent and, consequently, denied.

NOTE: Some customers who use Microsoft email systems (hotmail.com, msn.com, etc.) have observed that emails automatically sent by our system are mistakenly diverted to the “Junk Mail” folder. If you use one of these email providers, make sure to add Ayoo Cloud addresses to your “Safe Senders” list.


Account Transfers

Ayoo Cloud undertakes to attempt to transfer your account hosted on another server, provided they are accounts that use the cPanel administrative panel and there are no restrictions on “Full Backup” options. In this way, a complete transfer of your plan will be carried out, and all your account information will be preserved: files, databases, emails, passwords, etc. After migrating your account, small adjustments may be necessary, as small configuration particularities may differ between hosting companies. Our transfer team will do their best to successfully transfer your account, but we cannot estimate the time required for each transfer, as several factors influence this activity.

To formalize the request for transfer of your account, it will be necessary to open a ticket containing all access credentials for the account that will be transferred.

For the perfect unfolding of the migration, total availability and accessibility to data and systems on the origin host is of fundamental importance. If this does not happen, it is the customer's responsibility to mediate obtaining the data for migration from the old host.

It is the customer's responsibility to change the DNS after the migration is complete; if the customer does not make this change, remigration will be subject to fees.

For more details, please read our migration terms.


2.) Content

Auction sites and online games/gambling are absolutely not permitted under any circumstances on shared and VPS servers.

All services offered by Ayoo Cloud are for legal purposes. The customer must agree to exempt Ayoo Cloud from any liability for the misuse of its services. It is expressly prohibited to use our services in such a way that may disrespect trademark and patent registrations and/or infringe copyright and intellectual property assignment terms. This includes – but is not limited to – unauthorized disclosure and distribution of music, videos, books, photographs, or any other material protected by law. The trade/disclosure of any illicit product will result in the immediate cancellation of your account.
If you believe that your copyrights and/or trademarks are suffering infringements through services contracted with us, please send an email to abuse@Ayoocloud.com.br with all information pertinent to the case.

- Examples of unacceptable materials on shared plans (hosting plans):

IRC Bots, Web-proxy and/or anonymous browsing scripts (anonymizers), unlicensed (pirated) programs, sites and forums that distribute or disclose cracks/cheats/warez, executable files (*.exe, *.com, *.msi, etc.) and disk images (*.img, *.iso, *.nrg, *.bin, etc.), mirrors (mirroring of other sites), data repository, exclusive banner-ad services (rotating banners), affiliation servers, topsite scripts, escrow (financial activities involving caution), HYIP/PIAR (High-Yield Interest Programs) and similar, AutoSurf (visit exchange systems), fraudulent programs (Bank Debenture Trading Programs, Prime Banks Programs, etc.), lottery sites, MUD/RPG, sites that encourage racism/hatred/fanaticism, sites related to “hacking”, malicious scripts (such as “IP scanner”, password discovery attacks/brute-force, mass sending of emails), sites that host/disclose any type of malware (virtual pests), and any type of site that promotes/discloses illegal activities.

A shared account cannot be used as a backup/storage device (with the exception of 1 backup of your own cPanel account). Likewise, it is not permitted to make files available for download.

- Examples of unacceptable materials on VPS Economy/Enterprise-Cloud server plans:

Unlicensed (pirated) programs, sites and forums that distribute or disclose cracks/cheats/warez, escrow (financial activities involving caution), HYIP/PIAR (High-Yield Interest Programs) and similar, investment sites like Forex and e-Gold Exchange, trade of any product/merchandise without due ownership or explicit permission, AutoSurf/PTC/PTS/PPC sites (visit exchange systems), fraudulent programs (Bank Debenture Trading Programs, Prime Banks Programs, etc.), lottery sites, sites that encourage racism/hatred/fanaticism, sites related to “hacking”, malicious scripts (such as “IP scanner”, password discovery attacks/brute-force, mass sending of emails), sites that host/disclose any type of malware (virtual pests), and any type of site that promotes/discloses illegal activities.

We reserve the right to refuse service or availability of resources to any individual. Any material that we deem to be obscene, illegal, or that violates these terms of service will be removed from our servers with or without notice.

There is a maximum tolerance of 48 hours for the customer to respond to any email sent to them through our ticket system. Failure to respond to an email sent by the abuse department (abuse@Ayoocloud.com.br) within 48 hours may result in the suspension or termination of your account. All matters related to reports must be handled via ticket/email.

If you are not entirely sure about the legality of hosting your sites/services with us, please contact us via email abuse@Ayoocloud.com.br, describing the functionalities of your activity and pointing out determining points that may or may not generate doubts about its acceptance. We will be very pleased to assist you.

Sexual exploitation of minors is expressly prohibited, including – but not limited to – child pornography, total or partial nudity of children and adolescents, pedophilia, and similar. Any account using our services to disclose/host materials with this type of content will be immediately suspended without notice and brought to the attention of the competent authorities.

It is expressly prohibited to host any type of pyramid scheme content. As well as TelexFree, BBOM, etc.

It is the absolute responsibility of the customer to ensure that the scripts/programs installed on their account are secure and that the permissions of their folders/directories are set correctly (regardless of the installation method used). Folders/directories must be configured with permission 755 (or more restrictive). Files must be configured with permission 644 (or more restrictive). The customer is solely responsible for all actions resulting from the use of their account, and this includes preserving the security of their system access credentials (login/password). It is essential that customers always use strong passwords. If an insecure password is detected, your account may be suspended until you define a new password (long, complex, and difficult to guess).

Periodic audits may be performed on our servers to prevent insecure passwords from being used. If an audit points to an insecure password on your account, we will send you a notification with a maximum deadline for changing it.

We always recommend using long passwords (at least 12 characters), alternating between uppercase and lowercase letters, numbers, and special characters.


3.) Zero tolerance policy against SPAM

Ayoo Cloud defends, supports, and applies the ZERO TOLERANCE policy against sending mass emails, unsolicited messages (whether of any kind and for any purpose), and SPAM. Safelists mechanisms will be considered and treated as SPAM. Any account used to send SPAM will be terminated with or without notice.

Please access and know our email usage policy.

Sites that advertise and disclose through SPAM (Spamvertised) cannot be hosted on our servers. This rule includes – but is not limited to – SPAM sent via fax, email, instant messages, or Usenet/Newsgroups. No organization or entity listed by ROKSO may use our services. Any account that causes one of our server IPs to be blacklisted will be immediately suspended and/or terminated.

Configuring email forwarding to public providers such as Gmail, Outlook, Live, Hotmail, and Yahoo is not permitted; if such forwarding is configured, the system will automatically remove the configuration.

Ayoo Cloud reserves the right to request changes to (or disable, if necessary) any website, account, database, or other component that does not comply with established policies. We also reserve the right to make emergency modifications based on sensible criteria.


4.) Payment Information

The customer must agree to pay in advance for the contracted services throughout the plan's duration. They must also agree to the automatic renewal of the plan for a period equal to the last contracted cycle. For automatic renewal NOT to occur, it will be necessary for you to express your explicit desire to cancel the contracted service.

Cancellation must be formalized at least 24 hours before the end date of the contract through the Client Center. Sending the request via the Client Center ensures Ayoo Cloud the right to immediately delete accounts related to the canceled plan. This operation is irreversible. Therefore, the customer should only request the cancellation of their account after performing the necessary backups.

In the case of domain renewals made with a credit card, if you do not wish to renew them, there is a need for manifestation. Otherwise, they will be renewed automatically according to the payment made.

It is your total responsibility to keep all your payment commitments up to date, as well as sending information that identifies you (when payment is made by methods that require proof such as, for example, bank deposit/transfer).

Accounts overdue from the original invoice due date will be automatically suspended. After the debts are settled, the account will be reactivated within 1 business day (upon proof of payment).

In the case of payments via bank slip (boleto), overdue slips will have a duplicate generated with a 2% increase – percentage referring to the late payment fine.

Changing the slip date (duplicate) does not change the plan's due date. Therefore, the plan continues to expire on the original date and must be paid the following month on the original due date.

In all plans offered by our company, any pending payment for additional services will result in the general suspension of the plan.

Accounts suspended due to financial default will be entitled to backup if reactivated upon payment. The customer has the entire period of the plan's validity to request the backup at any time from the moment the account is suspended, they need to reactivate the account.

Hosting accounts suspended due to financial default for more than 0 days will be removed from the server automatically without any prior notice, and the customer cannot request their backup, even after payment.

Cloud Computing or VPS services suspended due to financial default for more than 0 days will be removed from the server automatically without any prior notice, and the customer cannot request their backup, even after payment.

Ayoo Cloud reserves the right, at any time, to change the values of the announced plans, according to market trends.


5.) Backups (security copies)

Ayoo Cloud is NOT responsible for files and/or other data stored in your account. The plan does not give you guarantees of recovery of lost information resulting from any eventuality: use it at your own risk. The customer must agree to assume full responsibility for files contained on our servers, as well as keeping their own backup copies off the server.

Ayoo Cloud maintains an active daily backup routine (performed daily during the early morning) for plans hosted on shared servers. Accounts up to 20GB of data and possessing up to 100,000 nodes (files, folders, emails, etc.) enter this routine. The backup content is overwritten with each new backup generated.
If the customer needs the restoration of any backup, we charge a fee of R$ 50.00 for this procedure.
This procedure is not guaranteed, the customer must agree to keep their own backup in a safe place.

The customer is not informed about the success or failure of the backup routine. It is the customer's responsibility to keep the account within pre-established standards for backup if they need this resource. If in doubt about this, send an email to our support questioning if your account is contemplated in the backup routine.

Ayoo Cloud DOES NOT perform any type of backup for dedicated or semi-dedicated VPS servers. This activity is the total responsibility of the customer.

Ayoo Cloud offers daily backups only as a courtesy on shared plans but recommends that the customer always keep independent copies, as recovery is not guaranteed.

We disable direct backup generation via cPanel for accounts over 4GB to prevent misuse of the tool and consequent inconvenience in CPU misuse. However, the customer can request their backup via support ticket. Just contact our team and we will generate the backup without problems.


6.) Cancellations and refunds

Customers can request the cancellation of an account at any time using the Client Center. Only requests via ticket formalizing the request will be accepted. The refund is proportional to the time the product/service will not be used.


7.) Resource usage:

Users of shared servers CANNOT:

a) Use 25% or more of processing, memory, disk usage, Internet link resources, etc. of the server for periods equal to or greater than 90 seconds. There are numerous causes for an account to present this bad behavior, such as: very popular sites with a large number of simultaneous accesses, plugins in content management systems, poorly developed scripts, CGI scripts, excessive FTP, PHP, HTTP, database usage activities, etc;

b) Run stand-alone applications on the server. This includes any and all types of daemons, such as IRCd;

c) Run any type of web-spyder or indexer (including Google Cash / AdSpy) on shared servers;

d) Run any application that interacts with IRC (Internet Relay Chat) networks;

e) Run any bit torrent application, tracker, and similar. It is permitted to use links to legal torrents, but it is not permitted to host (store) them on our shared servers;

f) Participate in any file-sharing activity or peer-to-peer (p2p) activities;

g) Run any type of game server, such as Counter-Strike, Half-Life, BattleField1942, etc;

h) Host any types of executable programs (.exe, .com, .bat extension, etc.) that may be or become infected by viruses;

i) Schedule tasks (cron jobs) with intervals less than 15 minutes;

j) Websites or any other applications with behaviors (whatever they may be) incompatible with a shared environment may be suspended and invited to migrate to a dedicated environment.

k) INODES – The use of more than 250,000 inodes in any shared account may result in suspension. Accounts that have more than 100,000 inodes are automatically removed from the backup system to avoid overloading that system. Every file (a web page, an image, a document, an email, etc.) counts as 01 inode. Sites that slightly exceed inode usage are not suspended, however accounts that constantly create and delete a large number of files regularly, have hundreds of thousands of files, or cause damage to the file system may be flagged for review or suspended if they are causing major damage. The main cause of excessive inode usage is catchall enabled without monitoring the inbox and deleting unwanted emails. Over time, tens of thousands of messages, or more, accumulate causing the account to go beyond the possible inode limit. To disable your catch all enter cpanel, look for “Mail”, “Default Address”, “Set Default Address” and type: “:fail: No such user”.

Attention: When using the PHP “include” function, pass the file location on the local file system as a parameter instead of passing a URL. Instead of using include(“http://yourdomain.com.br/admin/include.php”) use include(“./admin/include.php”)

l) It is unacceptable to host any type of phishing files on our servers, both shared and dedicated servers. Any such practice identified, we will automatically remove the account from our servers and the plan will be canceled, with no right to a refund.


8.) Bandwidth usage

Each plan entitles you to use a certain volume of monthly traffic (this volume varies according to the contracted plan). The use of this traffic limit must be equally distributed within the month. Your account must end the month without exceeding this limit, otherwise it will be suspended until the next month begins or more traffic resources are purchased or your account is migrated to a plan that offers more resources. Bandwidth is a non-cumulative resource: traffic not used within the month cannot be transferred to the following month.


9.) Availability guarantees (uptime)
If your shared hosting account becomes unavailable due to technical/physical problems that are not covered by the 99.9% uptime guarantee, you may be entitled to credits for the following month. Credit approval is up to Ayoo Cloud and will depend on the justifications and evidence provided. Third-party monitoring tools may not be accepted as supporting documentation due to a number of factors, such as tool capacity and availability. Server uptime is considered according to information provided by the operating system itself and available services (webserver, email, etc). To request a credit assessment, please send an email to suporte@Ayoocloud.com.br stating your main domain and observed downtime. All contact regarding this matter must be done via emails.

Availability

Discount

99.8% to 99.0%

5%

98.9% to 95.0%

10%

94.9% to 90.0%

15%

Below 89.9%

20%

This guarantee applies to shared servers (hosting accounts). Dedicated servers are covered by the network availability guarantee, which is unrelated to the uptime guarantee of Shared Hosting plans. Technical problems related to hosting services, such as software defects, are not included in the uptime guarantee for dedicated servers.


11.) Shared accounts

Shared account resources cannot be resold. No hosting plan customer may resell resources from their plan.


12.) All VPS / Enterprise-Cloud Servers

Your server will be installed, configured, and delivered, in general, between 5 and 24 business hours after payment confirmation. If our team requests any documentation from the customer, this period is counted from the date of receipt of the necessary documentation.

Ayoo Cloud will under no circumstances manage servers for auction sites or games. If the customer decides to purchase a server for this purpose, we will offer hardware only, without any type of support.

Ayoo Cloud reserves the right to perform server audits as needed, as well as to perform any administrative tasks requested by the datacenter, such as reboots, suspension of accounts in disagreement with terms of service, removal of malicious files, deactivation of fraudulent sites (phishing), or any other activity that compromises server security, network security, or other systems/individuals.

Ayoo Cloud is committed to delivering the server configured with secure passwords to the customer. The customer, in turn, must commit to maintaining the complexity standard adopted by Ayoo Cloud and informing it about changes to server access passwords so that proper audits and support services can be performed. Ayoo Cloud reserves the right to change administrative account passwords (superusers) of dedicated servers whenever they differ from those provided by the customer. The customer is responsible for providing Ayoo Cloud with updated server password information, thus avoiding service unavailability due to procedures we have to perform for password reset. During plan contracting, it is the customer's responsibility to inform a valid and accessible email address not belonging to one of the domains hosted with us. In case of need to contact the customer, Ayoo Cloud will use this address.

Ayoo Cloud DOES NOT perform backups of Any VPS, VPS-Bot, VPS-Trader, or VPS Otserv and Enterprise-Cloud plan. It is the total responsibility of the customer to maintain their own backup or find a solution for such. The customer may purchase a Backup service from us for the purpose of maintaining a simple backup, although it is not the ideal solution. Please contact financeiro@Ayoocloud.com.br if you wish to purchase a backup service. It is the customer's responsibility to configure any backup routine on the dedicated server, vps, or Gamer Server.

Any VPS, VPS-Bot, VPS-Trader, or VPS Otserv plan is automatically canceled on the same day in case of non-renewal. There will be no way to recover files.

We guarantee that the network will be available 99.9% of the time. If this does not occur, you will receive a refund proportional to the downtime. The uptime guarantee for dedicated servers is restricted to network availability, which does not include other technical problems related to servers and their software.


13.) All VPS/Enterprise-Cloud Servers

The VPS server will be REMOVED after its original expiration date.

– Resource Usage

VPS Economy/Enterprise-Cloud accounts are not permitted to:
a) auction and game sites are not permitted
b) exceed processing resources by values greater than 2 (two) times the total processing cores provided, for a period longer than 15 minutes.
c) run public IRC servers or malicious bots.
d) run any type of BitTorrent client or tracker that links to or downloads illegal content.
e) use open/public proxy server, or use a proxy server to access illegal or malicious content.
f) use intense I/O usage applications that negatively affect normal server operations.

– Inodes

VPS Economy/Enterprise-Cloud accounts are delivered with a standard limit of 1,000,000 inodes to better protect the file system. The limit can be increased if a legitimate reason exists and is presented to us. To request the change, please contact our support team.

– Email Policy

VPS Account email policies will be the same applied to other plans and can be found in Email Policies.

– Backups and Data Loss

Ayoo Cloud is NOT responsible for files and/or other data stored in your account. The plan does not give you guarantees of recovery of lost information resulting from any eventuality: use it at your own risk. The customer must agree to assume full responsibility for files contained on our servers, as well as keeping their own backup copies off the server. Ayoo Cloud maintains an active weekly backup routine. The backup content is overwritten every weekend. This procedure is a courtesy and there are no guarantees of any kind: the customer must agree to keep their own backup in a safe place. Backups will not be performed for accounts that have been suspended or canceled for any reasons unless previously agreed upon in writing by Ayoo Cloud.

Ayoo Cloud reserves the right to perform audits on VPS Economy/Enterprise-Cloud servers as needed, as well as to perform any administrative tasks requested by the datacenter, such as reboots, suspension of accounts in disagreement with terms of service, removal of malicious files, deactivation of fraudulent sites (phishing), or any other activity that compromises server security, network security, or other systems/individuals.


14.) Indemnity

The customer must agree to exempt Ayoo Cloud from any and all claims, liabilities, losses, gains, and expenses (including fees for causes against Ayoo Cloud, its agents, customers, offices, and employees) that may arise or result from any services provided or performed (or scheduled for execution) or by any product marketed by the customer, their agents, employees, or partners. The customer must agree to exempt Ayoo Cloud from any and all liability arising from: I) any damage to person or property resulting from the marketing of products and/or services disclosed or distributed through contracted plans; II) any material disclosed/distributed by the customer that may infringe national and/or international laws, including copyright and intellectual property laws; III) Copyright infringement; IV) any defective product/service marketed through plans hosted on our servers;

The customer is solely responsible for responding to actions resulting from the misuse of the contracted plan.


15.) Support for Third-Party Applications

Ayoo Cloud does not offer support for third-party applications, whether in any situation, platform, or programming language (ASP, PHP, .NET, Javascript, etc.).


16.) Other responsibilities

Ayoo Cloud is not responsible for any damage your company/business may suffer. Ayoo Cloud does not offer any types of guarantees, implicit or explicit, regarding the services it provides. Ayoo Cloud does not ensure any type of merchantability (or fitness) warranty for any purpose. This includes data loss resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by Ayoo Cloud and/or its employees.


17.) Breach of confidentiality for law enforcement

Ayoo Cloud may provide all data of any customer to competent authorities so that they can take appropriate measures in accordance with current legislation. Information about customer data may be passed on upon request from competent bodies, without the customer being aware or notified. Ayoo Cloud has an absolute interest in contributing to ensuring laws are always properly enforced.


18.) Changes to terms of service

Ayoo Cloud reserves the right to revise its service policies at any time, with or without prior notice.


19.) Use of Ayoo Cloud Templates.

Marketing free templates owned by Ayoo Cloud is not permitted, personal use is allowed exclusively for customers with active accounts at Ayoo Cloud.


20.) Of International Domain Registrations .

Ayoo Cloud is a Domain Registration provider. Thus we are authorized to register International domains. We use our contracting process to offer the International Domain Registration service, and these are done right after confirmation of payments for said services. However, it may happen that in the time interval between contracting and registration itself, another provider entity or individual registers the same domain before we finalize our process. Ayoo Cloud commits to refunding the money or exchanging the domain for another available one, but it is not possible to register a domain once another has already registered it.
If there is a delay in payment for the renewal of international domains, we cannot be held responsible for their loss.


21.) Of IP allocation and uses .

Due to the global shortage of IP addresses (IPv4), dedicated IPs will only be assigned to accounts that provenly need an SSL certificate (online stores and similar). Ayoo Cloud reserves the right to deny any dedicated IP address allocation if it judges the justification for its use insufficient.

 


22. FORUM

22.1 The parties elect the Central Forum of the District of Olímpia, to direct any controversy arising from this term, excluding any other, however privileged it may be.

 

23 Online Game Hosting

23.1 Ayoo Cloud offers 12/7 technical support for all its customers, via Ticket and Whatsapp. However, technical support is limited to problems related to Ayoo Cloud infrastructure and initial configuration of contracted services. Issues related to development, programming, site content, among others, are not the responsibility of our technical support..


24 Gamer Server Customer Responsibility Terms.

24.1 Responsibility for Gamer Server Files and Backups.

   The customer is exclusively responsible for the integrity and security of files stored in their account, including creating and maintaining regular backups outside Ayoo Cloud servers. The company does not perform backups of data stored on the customer's gamer servers, and does not guarantee recovery of lost data due to any eventuality.

24.2 Security of Gamer Server applications and systems.

   The customer assumes full responsibility for the security of applications and systems they operate on their account, including, but not limited to, security configurations, firewall management, malware protection, and software updates. The customer must ensure the implementation and maintenance of adequate measures to protect their applications against vulnerabilities and cyber attacks.

Ayoo Cloud reserves the right to revise its service policies at any time, with or without prior notice.