Hosting and Server Terms & Conditions

Hosting and Server Terms & Conditions

These Terms apply to hosting, cloud server, dedicated server, virtual server, storage, IP, and related infrastructure services ("Hosting Services") supplied by NICENIC INTERNATIONAL GROUP CO., LIMITED ("NiceNIC") where offered.

1. Agreement and Service Description
The specifications, resource allocations, location, bandwidth, IP allocation, operating system, management level, billing period, and optional services are those stated in the applicable order, quote, product page, or control panel.

NiceNIC may provide Hosting Services using its own infrastructure or third-party data centers, network carriers, hardware providers, licensors, or upstream suppliers.

2. Customer Responsibility
You are responsible for:

all applications, websites, databases, files, and content hosted through your service;
system administration unless a managed service is expressly purchased;
software licensing;
patching and security of customer-managed systems;
user and credential management;
compliance with law;
backups except where a specific backup service is expressly included; and
activities performed through systems under your control.

3. Acceptable Use
Hosting Services may be used only for lawful purposes.

You must not use the service to:

distribute or control malware, ransomware, botnets, credential stealers, or other malicious software;
conduct phishing, pharming, fraud, impersonation, or credential theft;
conduct unauthorized access, brute force, port scanning, vulnerability exploitation, denial-of-service attacks, or similar attacks against third parties;
send spam or operate systems primarily intended for unsolicited bulk messaging;
host, distribute, solicit, or facilitate child sexual abuse material or other content whose possession or distribution is criminal;
knowingly infringe intellectual-property rights at scale or operate a service dedicated to unlawful infringement;
sell or distribute unlawful controlled substances, counterfeit goods, stolen credentials, or other illegal goods/services;
evade sanctions, court orders, law-enforcement orders, or mandatory legal restrictions;
operate open proxies, relays, or other services in a manner that creates material abuse or network risk;
interfere with NiceNIC, data-center, carrier, or third-party systems; or
use resources in a manner materially inconsistent with the purchased plan.

4. Abuse and Security Response
NiceNIC may investigate credible abuse, security, or legal reports.

Depending on the circumstances, NiceNIC may:

request information or remediation;
restrict a port, IP, protocol, mailbox, URL, virtual machine, or affected service;
null-route traffic;
isolate or suspend an affected service;
remove or disable access to unlawful or malicious material where technically and legally appropriate; or
terminate service for serious or repeated violations.
NiceNIC will use reasonable, proportionate measures where practicable. Immediate action may be taken where necessary to address ongoing malware, phishing, attacks, child-safety risks, material network harm, legal orders, or other urgent threats.

5. Customer Response
You must maintain current contact information and respond within a reasonable period to material security or abuse notices.

Where NiceNIC specifies a remediation deadline based on the seriousness of an incident, you must meet that deadline or contact NiceNIC promptly with a reasonable remediation plan.

6. IP Addresses
IP addresses assigned with Hosting Services remain under the control of NiceNIC or the relevant upstream provider and are licensed for use only while the associated service remains active.

NiceNIC may renumber, replace, filter, or withdraw IP addresses where reasonably necessary for technical, security, abuse, registry, provider, or legal reasons.

7. Resource Use
You must remain within the technical and resource limits of the purchased plan.

NiceNIC may temporarily restrict workloads that materially degrade the stability, security, or availability of shared infrastructure, provided NiceNIC uses reasonable efforts to identify a practical remedy where circumstances permit.

8. Backups
Unless the order expressly states that backups are included, NiceNIC does not undertake to maintain recoverable backups of customer data.

Where backups are included, they are a disaster-recovery or convenience feature and do not replace the customer's own independent backup strategy. Backup jobs may fail, be incomplete, or have defined retention limits.

9. Data and Content License
You retain rights in your lawful content. You grant NiceNIC and its infrastructure providers a limited license to host, copy, transmit, cache, back up, and otherwise process the content as reasonably required to provide and secure the Hosting Services.

10. Maintenance and Changes
NiceNIC may perform scheduled or emergency maintenance, replace hardware, modify routing, migrate workloads, or change upstream infrastructure where reasonably necessary.

NiceNIC will provide advance notice of material planned maintenance where practicable.

11. Fees, Renewal, and Taxes
Fees, billing periods, bandwidth charges, setup charges, license charges, and renewal prices are those displayed or agreed for the applicable service.

Third-party license, network, registry, tax, or supplier charges may change.

Non-payment may result in suspension or termination after any applicable grace period.

12. Cancellation and Data Removal
Customers are responsible for exporting data before cancellation or expiry.

After termination, NiceNIC may delete customer data after the applicable operational retention period unless retention is required by law, security, dispute, or another legitimate basis. Restoration after suspension or termination is not guaranteed.

13. Service Level and Availability
Any specific service-level agreement ("SLA") applies only if expressly included in the purchased plan or written order.

Otherwise, NiceNIC will use commercially reasonable efforts to provide the Hosting Services but does not guarantee uninterrupted operation.

14. Third-Party Software
Third-party operating systems, control panels, applications, licenses, certificates, or software are subject to their licensors' terms. NiceNIC does not grant rights beyond those supplied by the applicable licensor.

15. Disclaimer and Liability
To the maximum extent permitted by law, NiceNIC is not liable for indirect, incidental, special, exemplary, or consequential losses, including loss of profit, revenue, goodwill, anticipated savings, or business opportunity.

NiceNIC's aggregate contractual liability relating to an affected Hosting Service will not exceed the fees paid for that affected service during the twelve months preceding the event giving rise to the claim, except for liability that cannot lawfully be limited.

16. Indemnity
To the extent permitted by law, you will indemnify NiceNIC against third-party claims and reasonable costs arising from your content, unlawful use, infringement, or material breach of these Terms, except to the extent caused by NiceNIC's own fraud or wilful misconduct.

17. Governing Law
These Terms are governed by the laws of the Hong Kong Special Administrative Region. Subject to mandatory law, the courts of Hong Kong have non-exclusive jurisdiction.