Terms of service

Terms of Use

1. Your Agreement with Way Cloud

1.1

The use of Way Cloud’s service is governed by this agreement (the “Terms”). Throughout the site, the terms “we,” “our,” “contracted,” or “Way Cloud” refer to Way Cloud, offered from the address www.waycloud.com.br including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

1.2

By visiting our site and/or purchasing any service, you are using our “Services.” Consequently, you agree to the following terms and conditions (“Terms of Service,” “Terms”), including the additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, contractors, collaborators, and/or content contributors.

1.3

Way Cloud may, at its discretion, add, delete, or modify these Terms by providing the updated link to all customers. By contracting the service, you agree to use it in accordance with all the rules and usage policies described in these Terms.

2. Pricing and Promotions Policy

2.1

Hosting and Reseller services may be offered on a promotional basis and through periodic fees, the values of which are defined in specific sections of the site where the product is advertised. Way Cloud reserves the right to change its rates and policies for the Way Cloud Services offered at any time. Such fees and payment policies will be published on the site.

2.2

The discounts granted by Way Cloud, except in cases related to the contracting of plans and services offered by it, may be reviewed, provided that they are communicated in advance with 5 (five) days’ notice.

2.3

Duplicate registrations aiming to receive discounts or contract any other service are prohibited. If confirmed, your registration will be blocked without any right to reimbursement of values.

3. Payment for Services

3.1

For all resources and services purchased, the customer will pay Way Cloud on or before the due date, according to the contracted service, plus any amounts resulting from any additional services and/or content acquired.

3.2

Way Cloud may grant immediate release after payment of the service value due to the payment method chosen by the customer.

3.3

Delays in payment of the monthly fee will incur a late fee of 2% on the overdue services.

3.4

In the event of any failures that cause undue charges due to the company’s fault, provided they are actually paid by the customer, the excess amount charged will be refunded, according to current legislation and may be credited in the system.

3.5

Way Cloud operates with a payment term of 72 hours from the due date. After this period, the service will be blocked, and the content preserved for a maximum period of up to 15 (fifteen) calendar days for hosting and reseller hosting services; for dedicated servers, VPS, and others, the period is 7 (seven) calendar days after the invoice due date. The customer will not have access to blocked files in accounts that are delinquent.

3.6

Payments via deposit must be confirmed by the customer within a maximum of 72 business hours. If the payment is attempted to be confirmed after this period, it will be disregarded.

3.7

Some payments may undergo a review process before the service is released/reactivated.

4. Cancellation and Refunds

4.1 – Method of Receipt

When requesting a refund, you will receive it in the form of payment used in our system. In the case of payment using a bank slip, the amount can be added as credit in the system, or you can receive the refund in a bank account. Refunds will not be made to third-party bank accounts, only to bank accounts in the name of the contract holder.

4.2 – Deadlines

The customer has up to 7 calendar days from the date of contracting to request a refund for services contracted with Way Cloud, for the return (refund) of the amount corresponding to the contracted plan if the CONTRACTOR is not satisfied with the plan’s features (see item 4.4 below for services not eligible for a refund). This 7-day rule does not apply to renewals.

Only the initial plan amount will be refunded, meaning upgrades and add-ons are not covered by this refund guarantee and any related amounts will not be returned. This guarantee only applies to the first request for each service from the CONTRACTOR, meaning the CONTRACTOR will only be entitled to one (1) refund per type of service. Example: a CONTRACTOR who requests a refund for a Hosting cannot request a refund for another Hosting.

4.3 – Services with No Refund

There will be no refund for Hosting Plans that the customer will use for a launch or any type of temporary campaign and wants to cancel within 7 days.

There will be no refund for Domains, Licenses, Development, VPS Servers, and Dedicated Servers. By CONTRACTING the plan, the customer affirms to be aware and in agreement with this clause, as there is no “setup” fee charged.

The refund does not apply to services acquired with any discount provided by Way Cloud. By CONTRACTING one of these services, the customer affirms to be aware and in agreement with this clause.

4.4 – No Refund Also

Accounts that do not comply with the rules present in the Terms of Service or request plugin activation. When requesting Premium Plugin Activation within the 7-day regret guarantee, you are aware that the guarantee will be voided, and there will be no refund of the contracted plan, as the premium plugins use original licenses, which incur a cost for the CONTRACTED PARTY.

4.5 – Cancellation Before Due Date

The Plan Cancellation can be done up to 1 day before the invoice due date and the start of the new cycle. If not canceled, the plan will automatically renew, and a new invoice for the new cycle will be generated. If you no longer use the Service, it must be canceled before the due date.

4.6 – Refund Payment Date

After the customer opens a Ticket requesting the Refund, the Finance Department has up to 14 days to respond and execute the return.

5. Service and Privacy Policies

5.1

You agree to comply with the usage policy, which is hereby incorporated by reference and may be updated from time to time.

5.2

Way Cloud Services will be subject to the privacy policy, and you agree to the use of your data in accordance with Way Cloud’s Privacy Policies, which are hereby incorporated by reference and may be updated from time to time.

5.3

You agree to protect the privacy and legal rights of your service’s end users. You must provide legally adequate privacy notice and protection for end users. If end users provide you with usernames, passwords, or other login information or personal information, you must inform them that the information will be available to your service and consequently to Way Cloud.

6. Content Policies and File Deletion

6.1

All content of hosting accounts or processed through their email accounts will be subject to verification by our content monitoring system to identify irregular content. The service must not contain any of the following types of content:

Content or trade that infringes any copyright laws, such as movies, TV series, music, videos, applications, or other similar material.
Use of personal file storage to store large-scale files, backups, or other material not directly related to your site.
URL shortening sites, auction sites, pornographic content sites, malicious/phishing content, backup files not belonging to your own site or application, content advocating hacker or cracker activity, free email, mass email sending systems, autoresponders, or email list sales, unlicensed programs (pirated), and any type of site that promotes/advertises illegal activities.

An account cannot be used as a backup/storage device (except for one backup of your own cPanel account). Similarly, it is not allowed to make files available for download. If identified, the account will be closed, the files deleted, and there will be no right to a refund.

6.2

Standard cPanel Backup files will be automatically deleted after 5 days from the creation date. Therefore, whenever you perform a full cPanel backup, download and save it on your Computer, do not leave it stored in directories. Example of a file name: backup-XXXXX_USER.tar.gz

6.3

WordPress Backup files, used by plugins like All In One Migration, UpdraftPro, Duplicator, among others, will be deleted from the server if necessary. Example of file names: xxx-999.wpress So, we recommend that as soon as the backup is done, it should be sent to the cloud, GoogleDrive, OneDrive, Dropbox, among others, or downloaded to your computer.

7. VPS, Cloud, and Dedicated Servers

We deliver the server according to the specifications defined on our website or support center. Other configurations, customizations, and modifications are the responsibility of the CONTRACTOR.

Way Cloud DOES NOT perform backups or secure copies of servers. It is your responsibility to maintain your own backup or find a solution for it. By contracting our services, you agree to maintain your own backup in a safe place. It is the CONTRACTOR’s responsibility to configure any backup routine on the dedicated server.

Resource Usage Not Permitted for Accounts:

Auction and gaming sites are not allowed, exceeding processing resources by more than 2 (two) times the total processing cores provided, for a period longer than 15 minutes, running public IRC servers, or malicious bots.
Running any type of BitTorrent client, link tracker, or downloading copyrighted content directly or indirectly.
Distributing access passwords or the like.
Cardsharing service (distribution of subscription TV access), using the server as a proxy, SSH tunnel, or any type of tunneling/redirecting traffic using the server.
Applications like HTTP Injector, eProxy, OpenVPN, Leech, etc., are expressly prohibited. Some types of proxies may be accepted with prior authorization from the CONTRACTED PARTY, using I/O-intensive applications that negatively affect the normal operations of the server, using network-intensive applications that negatively affect the normal operations of the server, any type of cryptocurrency mining, using more than 70% of the contracted CPU for periods equal to or longer than 60 minutes and unlicensed programs (pirated), and any type of site that promotes/advertises illegal activities.

It is the client’s responsibility to keep their account secure. Insecure accounts may be terminated or have access to services suspended. If you do not remove the malicious content from your account after being notified by Way Cloud of a problem, we reserve the right to block access to the services.

Unlimited Traffic Plans

In unlimited traffic plans, using more than 50% of the contracted port speed (link/connection speed) for periods longer than 12 hours is not allowed. Identifying higher consumption will be subject to a speed reduction.

Traffic use should be moderate and evenly distributed throughout the month. Under no circumstances will it be allowed to use applications that make intensive use of the network, such as torrent/seedbox, streaming, bots, public FTP servers, proxy, etc.

Email Policy

Email policies for VPS Accounts will be the same as those applied to other plans.

8. Backups (secure copy)

8.1

You also acknowledge that you are SOLELY responsible for the security and backup of your files. The client must agree to take full responsibility for the files contained on our servers and maintain their own backup copies (backup) outside the server.

8.2

The client can generate a full backup of their accounts through cPanel from 11:00 PM to 8:00 AM.

8.3

Way Cloud DOES NOT perform any type of backup of Dedicated Servers or VPS Servers. This activity is entirely the client’s responsibility.

8.4

All Way Cloud Backups are done by JetBackup with routines every 12 hours. Retention for 7 days.

9. Features and Resources

9.1

Each advertised hosting plan has certain features, such as storage, contracted data transfer, among many others. These features can be changed at any time. Active contracts will be maintained until the end of the service term, with changes applying to future contracts by the client.

9.2

If the storage limit is reached, no file can be uploaded to the server anymore, requiring the contractor to delete files from their hosted folder to free up space for new files or to switch to another available hosting plan that meets their needs.

9.3

Using more than 250,000 inodes in any shared account may result in suspension, where the client can contact support for more information on how to resolve the issue.

9.4

Shared accounts cannot be resold. If the HOSTING PLAN CLIENT needs to resell plans, accounts, resources, and other services, they must contract a reseller plan.

10. Support and Management

BY CONTRACTING, the CONTRACTOR is aware that the CONTRACTED PARTY does not offer support for third-party applications, in any situation, platform, or programming language (ASP, PHP, .NET, Javascript, etc.).

We are only responsible for installing, configuring, and monitoring the server. Themes, templates, domains, modifications, external files, HTML, and PHP codes, or any customization are the CONTRACTOR’s responsibility.

The software will be installed and configured as they are in their repositories and to a functional state. Any further modification will be the CONTRACTOR’s responsibility.

We will not monitor servers that have been modified, reinstalled, or incorrectly configured.

We may also install other applications for an additional fee or not. It is up to the CONTRACTED PARTY to decide whether to provide the service and how much will be charged.

11. Warranties and Damages

The CONTRACTED PARTY is not responsible for any damages that your company/business may suffer. The CONTRACTED PARTY does not offer any types of guarantees, implied or explicit, regarding the services provided. The CONTRACTED PARTY does not guarantee any kind of warranty of merchantability (or suitability) for any purpose. This includes data loss resulting from delays, non-deliveries, erroneous deliveries, and any interruptions of services caused by the CONTRACTED PARTY and/or its employees.

12. Email Sending

Way Cloud’s hosting services cannot be used for SPAM practices. SPAM is defined as any email sent to an unknown recipient who has no commercial or personal relationship with the sender, for commercial purposes, chains, or any other, legal or not. There are strict controls and limitations programmed into our servers to allow each hosting account to send up to 50 emails per hour.

13. Automatic Suspension and Deletion Policy

13.1

Way Cloud reserves the right to automatically delete the contracted Product or Service if it is more than 30 days overdue. Open invoices for the month it was active must be paid; otherwise, the client will be considered delinquent. If the client wants to reactivate and restore the files, if the backup files are still on our backup server, the client must pay the overdue invoice, the current invoice, and the fee of R$ 80.00 for file restoration. The client must check with our Support if the backup is still available.

13.2

Way Cloud reserves the right to suspend the Plan automatically after 2 days of overdue invoice.

13.3

Accounts that violate Way Cloud’s Terms of Service or violate Brazilian laws or the laws of countries where suppliers are located can be canceled at any time without the right to a refund.

13.4

Way Cloud reserves the right to suspend or terminate an account in case of disrespectful behavior towards team members or the company.

13.5

Way Cloud also reserves the right to suspend its services to any customer in case of abuse or misuse that jeopardizes the service to other customers, to preserve the integrity and functioning of the provided services. The service will return to normal operation once the client resolves the issues indicated by Way Cloud’s technicians.

14. DISCLAIMER OF WARRANTIES AND LIABILITIES

14.1

THE CLIENT ACCEPTS THAT THE RISK OF USING THE SERVICE IS THEIR SOLE RESPONSIBILITY. WAY CLOUD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND OPERATIONALITY OF THE SERVICE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2

WAY CLOUD SHALL NOT BE LIABLE TO ANY USER FOR THE USE, MISUSE, OR RELIANCE ON THE SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE DAMAGES ARISE FROM THE USE, MISUSE, OR RELIANCE ON THE SERVICE, FROM THE INABILITY TO USE OR INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OFFERED THEREIN (INCLUDING DAMAGES CAUSED BY THIRD PARTIES).

14.3

THE MEMBER USER OF ANY SERVICE PROVIDED BY WAY CLOUD AGREES WITH ALL ITEMS DESCRIBED IN THIS DOCUMENT, UNRESTRICTEDLY.

15. Availability Guarantees (Uptime)

Our SLA for Servers in Brazil is 99.5% per month, noting that external factors such as natural disasters may occur.

16. Referral Program Rules

The purpose of the affiliate program is to promote our services to new customers, so affiliates will receive financial rewards for their referrals.

Practices that will result in the exclusion of your account and earnings:

Adult content cannot display our link.
Attempting to contract services using your own link.
Iframes to increase earnings.
Duplicate registrations aiming to receive a percentage on the service of your own use.
Illegal practice to obtain referrals.
Misleading advertising that harms the company’s name.

17. Plugin Activation Rules

The Plugin Activation Rules must be followed according to the Plugin Activation Terms at the link below: Plugin Activation Terms

18. Migrations

We offer FREE migration provided the origin Hosting of the CONTRACTOR has the CPANEL or WHM Control Panel and the FULLBACKUP option enabled. If other types of Panels are used, we only perform WordPress migration.

18.1

The migration deadline is according to our demand. It should be consulted.

18.2

When we perform only WordPress migration, emails are not migrated.

18.3

When other types of Panels and Proprietary Panels, such as Plesk, DirectAdmin, CWP, among others, are used; we can migrate ONLY the WordPress site for free or if you want the complete migration along with the emails, there will be a fee that should be consulted with our Commercial team.

18.4

The FREE migration is included only at the time the client contracts Way Cloud and is valid only for the beginning of the plan. It can be requested for free within a maximum of 10 days after signing. Subsequent migrations will incur a cost.

19. Affiliate Program

If you accept or request to participate in the Way Cloud Affiliate Program, you automatically agree to the Affiliate Program Terms contained in this link: Affiliate Program Terms of Service

20. Content

Under no circumstances are auction sites, IPTV sites, raffle sites, betting sites, and gaming sites allowed on our servers. If identified, it will be suspended without prior notice.

20.1

All services provided by Way Cloud are for legal purposes. The client must agree to hold Way Cloud harmless from any liability for the misuse of its services. It is expressly prohibited to use our services in a way that may disrespect trademark and patent registrations and/or infringe copyright terms and intellectual property rights. This includes, but is not limited to, unauthorized dissemination and distribution of music, videos, books, photographs, or any other material protected by law. The trade/dissemination of any illicit product will result in the immediate cancellation of your account. If you believe your copyrights and/or trademarks are being infringed through services contracted with us, please send an email to abuse@waycloud.com.br with all pertinent information about the case. The list of necessary information can be found in our Copyright Policy.

20.2

Examples of unacceptable materials on shared servers: Streaming and storage of audio/video files, content that advocates or facilitates the acquisition of illegal items such as drugs or the sale of firearms over the internet, IRC bots, web-proxy scripts and/or anonymizers, unlicensed programs (pirated), sites and forums that distribute or advertise cracks/cheats/warez, executable files (*.exe, *.com, .msi, etc.) and disk images (.img, *.iso, *.nrg, *.bin, etc.), mirrors (mirroring other sites), data repository, exclusive banner-ad services (rotating banners), affiliation servers, topsite scripts, escrow (financial activities involving collateral), HYIP/PIAR (High-Yield Interest Programs) and similar, investment sites like Forex and e-Gold Exchange, AutoSurf (traffic exchange systems), fraudulent programs (Bank Debenture Trading Programs, Prime Banks Programs, etc.), lottery sites, MUD/RPG, cryptocurrency mining, sites that promote racism/hate/fanaticism, sites related to “hacking,” malicious scripts (such as “IP scanner,” brute-force password discovery attacks, mass email sending), sites hosting/spreading any type of malware (virtual pests), and any type of site that promotes/advertises illegal activities. A shared server account cannot be used as a backup/storage device (except for one backup of your own cPanel account). Likewise, it is not allowed to make files available for download.

20.3

Examples of unacceptable materials on Bare Metal Servers and VPS plans: Unlicensed programs (pirated), sites and forums that distribute or advertise cracks/cheats/warez, escrow (financial activities involving collateral), HYIP/PIAR (High-Yield Interest Programs) and similar, investment sites like Forex and e-Gold Exchange, trading any product/commodity without proper ownership or explicit permission, AutoSurf/PTC/PTS/PPC sites (traffic exchange systems), fraudulent programs (Bank Debenture Trading Programs, Prime Banks Programs, etc.), cryptocurrency mining, lottery sites, sites promoting racism/hate/fanaticism, sites related to “hacking,” malicious scripts (such as “IP scanner,” brute-force password discovery attacks, mass email sending), sites hosting/spreading any type of malware (virtual pests), sites promoting IPTV and any type of site that promotes/advertises illegal activities. Auction and financial sites will only be accepted upon proof of legal exercise through documentation.

20.4

Whenever a script on your account consumes many resources or sends SPAM, it will be verified by our anti-malware system. If any malicious code is identified, the script will be moved to quarantine automatically without notification.

If you believe your script was moved incorrectly, please contact our support for a manual review (to open the ticket, provide the file name and its purpose).

We reserve the right to refuse the provision of services or the availability of resources to any individual. Way Cloud may also terminate its services, in whole or in part, including the deletion or seizure of all files, content, and/or domain name registrations without prior notice to comply with applicable law. Any material we deem obscene, illegal, or that violates these terms of service will be removed from our servers with or without prior notice. There is a maximum tolerance of 48 hours for the client to respond to any email sent to them through our ticket system. Failure to respond to an email sent by the complaint department abuse@waycloud.com.br within 48 hours may result in the suspension or cancellation of your account. All matters related to complaints 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@waycloud.com.br, describing the functionalities of your activity and pointing out determining points that may or may not generate doubts about the acceptance of the same. We will be very happy to assist you.

It is forbidden to host, distribute, or link child sexual abuse material (CSAM) or content harmful to minors. CSAM will be suspended immediately without prior notice and reported to law enforcement and/or other relevant authorities.

20.5

Note to resellers: if one of your accounts presents this type of infraction, we will suspend it and notify you to terminate it yourself. Additionally, we will monitor the other accounts, and if there is a new infraction of this kind in your resale, your main account may be canceled.

Hosting any type of pyramid content, such as TelexFree, BBOM, etc., is expressly prohibited.

It is the client’s absolute responsibility to ensure that the scripts/programs installed on their account are secure and that the permissions of their folders/directories are correctly set (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 client is solely responsible for all actions resulting from the use of their account, and this includes maintaining the security of their system access credentials (login/password). Clients must always use secure passwords. If an insecure password is detected, your account may be suspended until you set a new password (long, complex, and hard to guess).

Way Cloud may change the versions of the software/services available on the servers whenever security implementations and/or updates to our infrastructure are necessary. The client must ensure that their applications are compatible with the updates made.

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

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

21. Changes to the Terms of Service

Way Cloud reserves the right to review its service policies at any time, with or without notice.