Terms of Services

Updated on: 30 August 2016

General Terms and Policies:

The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges – CyberDeveloperBD provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

Please use Our services responsibly. By using Our website or any of Our services, You agree to Our Terms. Take note that these Terms change from time to time. If You have used Our services before, You cannot assume that the Terms are still the same. You should review them on a regular basis.

Account, Passwords and Security:

In order to provide Our services, We may require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate any service if your given information that is not complete and accurate. You warrant that all information you provide to us is complete and accurate and you indemnify CyberDeveloperBD against any liability that may arise as a result of your failure to provide complete and accurate information. You must immediately notify us if any of Your information changes.
You can not open/create double/fake account on CyberDeveloperBD.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
If your purchase or account activity shows signs of fraud, abuse or suspicious activity, CyberDeveloperBD may cancel any service associated your name, email address or account and close any associated CyberDeveloperBD accounts. If you conducted any fraudulent activity, CyberDeveloperBD reserves the right to take any necessary legal action and you may be liable for monetary losses to CyberDeveloperBD including litigation costs and damages.

Security. You:

-must keep Your username, customer ID and password confidential;

-must not circumvent, or attempt to circumvent, Our user authentication systems;

-must tell Us immediately if there is any unauthorized use of Your account or any other breach of security;

-are entirely responsible for all payments and any activities that occur on Your account;

Terms of Services (TOS) and Acceptable Use Policy (AUP) for VPS Hosting:

Illegal Use: CyberDeveloperBD VPS server may not be used for illegal purposes, or in support of illegal activities. CyberDeveloperBD reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Usenet Spaming: CyberDeveloperBD has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are acceptable under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Bulk Email on VPS: Use of CyberDeveloperBD VPS services for the orgination, relay, or support of bulk email is prohibited. Customers are permitted to send transactional emails and use the service for individual email accounts, but the service may not be used for sending commercial email, even if the customer has opted in to such emails. Sending marketing email in any sort of automated fashion is specifically prohibited.
CyberDeveloperBD has a zero-tolerance policy on Email abuse on our vps hosting and any abuse whatsever will result in immediate termination without refund. Please make sure that you do not have to plan our vps hosting service for email marketing purpose and please secure your VPS adequately.

Pornographic Material: Adult content is allowed, contingent upon compliance with all U.S. regulations, as well as the regulations of the location of the customer’s residency. What sexual content is acceptable on our servers will remain at the sole discretion of CyberDeveloperBD, and no other parties.

Internet Relay Chat: IRC is allowed on CyberDeveloperBD’s network. If you are planning running an IRC server, please notify our staff at signup as these machines require special attention. As with any of our servers, illegal activity is not permitted on IRC, and CyberDeveloperBD will reserve the right to terminate accounts without refund if it appears such activity is being conducted. CyberDeveloperBD reserves the right to determine if or if not there is illegal activity being conducted in such an instance.

Terms of Services (TOS) and Acceptable Use Policy (AUP) for Shared and Reseller Hosting:

Prohibited Uses: Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

Shared Hosting as Backup Storage: Using a shared account as a backup/storage device is prohibited. You can host your website and upload the files that is necessary for your website. You can not upload any files for backup storage purpose like family photos, video clips, software and etc.

Unacceptable Material:
IRC Scripts/Bots or IRCD (irc servers)
Proxy Scripts/Anonymizers
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Video Hosting or Streaming like YouTube.
Cryptocurrency mining, investment or sites that advertise Cryptocurrency.
Promotes, encourages or engages in terrorism, violence against people, animals, or property.
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.

You will not re-sell or provide the Services for a commercial purpose, including any of CyberDeveloperBD related technologies, without our express prior written consent.

Bulk Email or Spam: We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.

In case AUP Violations for Reseller: If there is a violation of this AUP by one of a reseller’s client’s account, CyberDeveloperBD will suspend the website in question and will notify the reseller so that the reseller can terminate the account. CyberDeveloperBD may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.

A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

Resource Usage: User may not:
Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Run cron entries with intervals of less than 15 minutes

Price Changes: CyberDeveloperBD reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal.

Backup Policy:

Backup Policy for cPanel Based Shared Hosting:
We will take daily, weekly and monthly basis backups for your account. An user can restore his own backup from our cPanel using Backup Restore Tools.

This is very important to understand that we are using 3rd party backup tools to keep cPanel backups. Backups are not 100% guaranteed. We are not responsible for any kind of data lose or backup failure. We highly recommended that to keep your own backup to protect your website from any kind of disaster.

Any shared account using more than 5 GB of disk space will be removed from our remote backup with the exception of Databases continuing to be backed up.

Backup Policy for DirectAdmin Based Shared Hosting:
We are currently not offered anykind of backup for our DirectAdmin based shared hosting. Please keep your own backup for DirectAdmin based shared hosting.

Hosting Transfer Policy:

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge. Please contact us or open a support ticket to receive a price quote. In no event shall CyberDeveloperBD be held liable for any lost or missing data or files resulting from a transfer to or from CyberDeveloperBD. You are solely responsible for backing up your data in all circumstances.
CyberDeveloperBD reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

Terms of Services (TOS) and Acceptable Use Policy (AUP) for Domain Name Registration:

User must provide complete and accurate information to register any domain name. To register a domain name with us “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name must accept our terms of domain name registration.

User must verify his email within 12 days on the domain name registration. Failed to verify email of the domain name may result of hold or suspended the domain name. User can also verify his email after domain hold due to failed mail verification. After successful verification user have to wait 24 hours to reactivate the domain name again.

You understand that Cyber Developer BD does not control all aspects of the domain registration process. For example, once you submit a domain registration, Cyber Developer BD forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. Cyber Developer BD disclaims, and you agree, that Cyber Developer BD is not liable for any inaccuracies regarding the registration information relating to the input of the information by you and the input of the information by the Registry Administrator. Cyber Developer BD will not be held liable, nor refund a domain name registration due to spelling errors/typos.

User can’t use his registered domain name to any illegal or fraudulent activities. To violating any government rules or acceptable laws result of suspension of the domain name.

User can transfer his domain name to other company/register any times on the period of time you registered the domain. User can access domain authorization code (EPP Code) and unlock domain transfer from Cyber Developer BD client dashboard. User will not be charges any extra fee to get access of EPP code. After the domain expired user can’t access the EPP code from client dashboard. If user want to transfer domain after expiry then he/she must open a ticket on support center to get EPP code and unlock the domain name for transfer.
On the Domain Redemption Grace Period, user can’t tranfer domain to other company and will not get any EPP code. User must pay all dues with Domain Redemption fees to reactive the domain. Please check domain payment policy for more details.

Each domain is locked for 60 days of transfer to other company after new registration or after transfer or any contact details changes. User must wait 60 days for transfer to other company such a condition.

Terms of Services (TOS) and Acceptable Use Policy (AUP) for Web Developing Service:

General Terms for Webdesign Contract:
We do not allow any illegal or porn site.
Free Support is not applicable for hacking or cracking. Restore charge applicable.
Free Support is not applicable for redesign the website. Redesign charge applicable.
Free Support is not applicable for any harm of your website by your fault. Service charge applicable.
Please keep your website backup regularly. We are not responsible for your backup.
If you want we keep your backup every month. Backup service charge applicable.
We are not responsible for down of your domain or hosting. For this types of situation, please contact your domain or hosting provider.

Payment Policy:
You must pay 50% advanced before work starting. After your payment we will proceed to next.
The rest 50% payment you have to pay after complete the work and before delivery of your website.

Refund Policy:

Shared and Reseller Hosting: If you are unhappy with any aspect of our service, please contact our billing department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 30 day period.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

If you want refund for your service then you must have to cancel the service from our client dashboard and open/create a ticket on billing department from our client dashboard. We will make your refund within next 7 business days.

Please note that bKash charges or gateway charges are not refundable. So we will deduct the gateway charge from your full amount. In case if you are asking refund using bkash, we will also deduct bkash sendmoney charge.
We currently offer refund using bKash, rocket and DBBL fund transfer and PayPal only. You must provide us the selected gateway method when you asking refund.

VPS Hosting: No refunds are provided for VPS Hosting under any circumstances.

Domain Reseller Fund: Refund or balance withdraw request is not applicable for domain reseller account. You must use the credit register or renew domain. You can transfer your domain to other company if you are unhappy with our services.

SSL certificate: If you change your mind or are not happy with your SSL certificate we will make a full refund if you contact us within 14 days of purchase. Payments are refunded for any reason, it may be that you do not want it, want to change or whatever, it doesn’t matter, refunds are always given.There are no refunds past the 10 day period.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Dedicated servers: No refunds are provided for Dedicated servers under any circumstances.

Top Level Domain: Refunds are not available for .COM, .NET, .ORG or any other domain names, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by CyberDeveloperBD through other companies.

Violation of TOS (no refund): No refunds will be made if we suspend or terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

Web Design Services: No refunds are provided for Web Design services under any circumstances.

Other Services that not applicable for refund: Credit on your account cannot be refunded and must be used for purchases and renewals.
Setup fees are non-refundable. Payment gateway fees such as Bkash fees (2% Bkash charge and for case of send money Tk5) are non-refundable.

It is important to understand that a refund can only be requested by the owner of the account, using the same email address that you purchased it with.

Payments can be refunded to Paypal, a DBBL fund transfer, bKash and Rocket or to your account balance in our system so that you can use it to purchase other products in the future. You have to open a support ticket under billing department to submit a refund request. Refund will be made within 7 business days from refund request submission.

Please note that, you must have to cancel your service before submit refund request. Go to Services>My Services. Select or click to open the service that you want to cancel. From left hand side “Action” Tab click “Request Cancellation” button to cancel the service.

Uptime Guarantee SLA:

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive 10% credit of your package on your account.

Approval of the credit is at the discretion of CyberDeveloperBD dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@cyberdeveloperbd.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller and VPS server. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Credit System

• Uptime under 99% = 10% refund

• Uptime under 95% = 20% refund

• Uptime under 90% = 40% refund

• Uptime under 85% = 100% refund / one free month

Payments Policy:

Shared & Reseller Account Payment Policy: Payments are due every month (for monthly purchase) or every year (for yearly purchase) on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be suspended.
If the account is not paid 7 days following the due date a late fee of 10% will be added to the invoice. This fee must be paid prior to activation of the late account.
For the late account, user can’t request for the backup. To get backup user must have to be paid their invoice and activated their account.
If the payment is not received within 30 days of due date the resellers account and end-user’s accounts will be terminated. We keep 30 days backup (for cPanel Based Hosting Only under 5GB storage used account) on our remote backup server. If customer want to renew his hosting after terminated his account within 30 days, he must pay $18.75 (BDT 1500Tk) restore fee and have to pay all dues. After 30 days from termination date, the data also removed from our remote backup server and this is not recoverable. CyberDeveloperBD is not liable for any lost data due to non-payment.

VPS Account Payment Policy: Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be suspended. CyberDeveloperBD will terminate the customers service if the invoice is 3 days overdue. Once the customer’s service is cancelled any data on the server will not be recoverable. CyberDeveloperBD is not liable for any lost data due to non-payment.

Dedicated Server Account Payment Policy: Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date CyberDeveloperBD will terminate the customer’s service. Once the customer’s service is cancelled any data on the server will not be recoverable. CyberDeveloperBD is not liable for any lost data due to non-payment.

Domain Registration Payment Policy: When you register a domain name, you’re able to use it for the period of time you registered it for, which is typically between one to ten years. If you want to keep using the domain name and any of the services associated with it (like a website or email service) you need to renew the domain name registration prior to its expiration.
After the domain expire user will get 30 days grace period to renew the domain. There will be 10% late fee added after 7days to the invoice following the expiration date. User must be paid the invoice with late fee to renew the domain.

After 30 days of the expiry date, your domain will be deleted and can’t be renewed. User yet can restore his domain within next 30 days. This time period called Redemption Grace Period. On the Redemption Grace Period, user can’t request to transfer the domain to other company or register. User must restore the domain and pay all dues to activate the domain again. There will be restore charge applicable to restore the domain. Restore charges may vary depends upon different domain extension (eg: .com, .net, .org). You can open a ticket to know about your restore charges. After 30 days following on Redemption Grace Period (after 60 days on expiry date) user can’t renew or recover the domain name. There will no complain or objection will be accepted after Redemption Grace Period finished.