Terms of Service

This VPS Hosting Agreement is between Cloud Hosting Co.,Ltd. and the person/persons who use our VPS hosting service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.


Cloud Hosting Co.,Ltd. agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.


All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.


Renewal notices are emailed seven days before the actual renew date in your account. All accounts are set up on a pre-pay basis. Cloud Hosting Co.,Ltd. reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that you notify Cloud Hosting Co.,Ltd. to request for termination of services. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Cloud Hosting Co.,Ltd. can not refund any payments made before.

All annual payments are non refundable. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

All credit balances are non refundable.

Recurring payments
Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on the day your renewal notice is sent. (ie. Your renew date is July 7th, your invoice will be sent on June 1st and your card on file will be charged July 1st) If your billing method is not credit card you will need to manually pay your invoice every month. Service will be made inactive on accounts that reach 1 days past due. All orders made with a credit card are expected to work on the monthly renewal date each month.

Credit/Debit card and your Address on File
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month on the date your renewal notice is sent (seven days before your actual renewal date). For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

Credit expiration
Account credit will expire after 24 consecutive inactive months. An inactive month is a month without an invoice being generated.

7 Day Money Back Guarantee
All new Cloud Hosting Co.,Ltd. Customers are eligible for a 7 day no hassle money back guarantee on all VPS packages. A new customer is one who has never purchased a VPS package from Cloud Hosting Co.,Ltd. in the past. Also if a customer purchases a 2nd, 3rd, etc. VPS package and wishes to cancel this particular package they are not eligible for a refund.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Cloud Hosting Co.,Ltd. is strictly prohibited.

Cloud Hosting Co.,Ltd. will strongly react to any use or attempted use of an Internet account or computer without the owner`s authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or services by you, whether or not the attacked account or computer belongs to Cloud Hosting Co.,Ltd., will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - Cloud Hosting Co.,Ltd. has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Cloud Hosting Co.,Ltd. to be unacceptable use of our services including abuse of server resources.

You are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure their security and orderliness.

Accounts may also be terminated if it includes the following content or have links to the following content: content thay may offend His Majesty The King of Thailand, Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

International bandwidth usage

International bandwidth is very expensive in Thailand. Therefore the available international bandwidth is very limited. International bandwidth usage is only meant for:

•    Visitors that want to access the VPS websites/web applications from abroad
•    Software updates for your VPS
•    Setting up your VPS (copying data from abroad, install new software, etc)

So what’s not allowed for international traffic:

•    Torrent download/upload
•    Streaming data (for example video and audio)
•    Other continuous data transfers

If we notice that your VPS abuses the international bandwidth, then we will limit the total bandwidth of your VPS immediately. We will let you know that we have taken that action, so that you can disable the international bandwidth abuse on your VPS. After that, we will enable full bandwidth again.
If you need more dedicated international bandwidth, we can arrange that for your VPS for an extra monthly fee


Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Cloud Hosting Co.,Ltd. hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Cloud Hosting Co.,Ltd. notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Cloud Hosting Co.,Ltd. reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Cloud Hosting Co.,Ltd. and Customer regarding the interpretation of the AUP, Cloud Hosting Co.,Ltd. commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to Cloud Hosting Co.,Ltd. that the information he, she or it has provided and will provide to Cloud Hosting Co.,Ltd. for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Cloud Hosting Co.,Ltd. that he or she is at least 18 years of age. Cloud Hosting Co.,Ltd. may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer`s account until Customer has provided a written notice changing the Primary Customer Contract.


Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. Cloud Hosting Co.,Ltd. takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list`s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE - If YOU use the services of another provider to promote a website hosted by or through Cloud Hosting Co.,Ltd. ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.


(1.) COVERAGE - This 99.9% uptime guarantee applies to any Customer in good financial standing with Cloud Hosting Co.,Ltd. at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Cloud Hosting Co.,Ltd. endeavors to have your Virtual Private Server available for access 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Cloud Hosting Co.,Ltd. to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Cloud Hosting Co.,Ltd.`s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Cloud Hosting Co.,Ltd. NOC.

Cloud Hosting Co.,Ltd.`s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Cloud Hosting Co.,Ltd. network.

(3a.) CREDITS - In the event that your VPS is unavailable for less than 100%, Cloud Hosting Co.,Ltd. will credit the following month`s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

95% to 99.9% - Your account will be credited 10% of your monthly hosting fee

90% to 94.9% - Your account will be credited 20% of your monthly hosting fee

89.9% or below - Your account will be credited 50% of your monthly hosting fee (3b.)

Credit shall not be provided to you in the event that you have any outage resulting from:

scheduled maintenance as posted from time to time at Cloud Hosting Co.,Ltd.,

your behavior or the performance or failure of your equipment, facilities or applications,

circumstances beyond Cloud Hosting Co.,Ltd.`s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,

You breaking any agreement policy in Cloud Hosting Co.,Ltd.`s "Terms & Conditions and AUP" causing a machine to fail as a result.


Cloud Hosting Co.,Ltd. provides an un-managed service. Cloud Hosting Co.,Ltd. will endeavour to provide support relating to the availability of your VPS. We do not provide support for any third party applications/scripts/software or configuration issues relating to software or any operating system on your VPS.


Customer agrees to indemnify and hold harmless Cloud Hosting Co.,Ltd., Cloud Hosting Co.,Ltd.`s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer`s services in violation of applicable law or the AUP by Customer or any person using Customer`s log on information, regardless of whether such person has been authorized to use the services by Customer.






Disclaimer of Warranties

Cloud Hosting Co.,Ltd. does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Cloud Hosting Co.,Ltd. disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Cloud Hosting Co.,Ltd. and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension of Services/Termination

Customer agrees that Cloud Hosting Co.,Ltd. may suspend services to Customer without notice and without liability if: (i) Cloud Hosting Co.,Ltd. reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Cloud Hosting Co.,Ltd. reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Cloud Hosting Co.,Ltd. reasonable reinstatement fee if service is Cloud Hosting Co.,Ltd. following a suspension of service under this subsection.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Cloud Hosting Co.,Ltd. fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer`s written notice describing the failure in reasonable detail. The Agreement may be terminated by Cloud Hosting Co.,Ltd. prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Cloud Hosting Co.,Ltd. describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer`s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

Request For Customer Information

Customer agrees that Cloud Hosting Co.,Ltd. may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer`s customers or end users that Cloud Hosting Co.,Ltd. believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy

Cloud Hosting Co.,Ltd. provides back-up services of customer's server/website. Cloud Hosting Co.,Ltd. will do its best to provide the highest quality back-ups. Cloud Hosting Co.,Ltd. is not responsible for the integrity of these back-up files. Customer is responsible to make back-ups of their own data as well.

Request For Restore Of Hosting Package

During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a THB.500 one time fee will be enforced.

Changes To Cloud Hosting Co.,Ltd.`s Network

Upgrades and other changes in Cloud Hosting Co.,Ltd.`s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer`s hosted content and/or applications. Cloud Hosting Co.,Ltd. reserves the right to change its network in its commercially reasonable discretion, and Cloud Hosting Co.,Ltd. shall not be liable for any resulting harm to Customer.


Notices to Cloud Hosting Co.,Ltd. under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored

Cloud Hosting Co.,Ltd. shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Cloud Hosting Co.,Ltd.`s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.


Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party`s name or trade mark without the other party`s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer`s purchase order or other business forms are not binding on Cloud Hosting Co.,Ltd. unless they are expressly incorporated into a formal written agreement signed by both parties. A party`s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party`s rights with respect to that provision or any other provision of the Agreement. A party`s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Cloud Hosting Co.,Ltd.`s prior written consent. Cloud Hosting Co.,Ltd.`s approval for assignment is contingent on the assignee meeting Cloud Hosting Co.,Ltd.`s credit approval criteria. Cloud Hosting Co.,Ltd. may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Copyright Files

All files stored on Cloud Hosting Co.,Ltd.`s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.


Cloud Hosting Co.,Ltd. reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Cloud Hosting Co.,Ltd. if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.


Cloud Hosting Co.,Ltd. may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.


Material accessible to you through Cloud Hosting Co.,Ltd.`s services may be subject to protection under the Thai or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Cloud Hosting Co.,Ltd. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Cloud Hosting Co.,Ltd. network. If YOU use a domain name in connection with Cloud Hosting Co.,Ltd. or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.


Customers may not use the Cloud Hosting Co.,Ltd. network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization`s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Cloud Hosting Co.,Ltd. will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.


YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.


Cloud Hosting Co.,Ltd. shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Cloud Hosting Co.,Ltd.. Cloud Hosting Co.,Ltd. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.


Cloud Hosting Co.,Ltd. reserves the right to refuse service to anyone. YOU may only use Cloud Hosting Co.,Ltd. server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the Thailand, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)", "Unlicensed MP3", porn, gambling, offensive content againt the Royal Thai Family.

The designation of any materials as such described above is left entirely to the discretion of Cloud Hosting Co.,Ltd. management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Cloud Hosting Co.,Ltd. may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.


Cloud Hosting Co.,Ltd. follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.