Service and Usage Agreement

Effective Date: 05 July 2026

This Service and Usage Agreement (“Agreement”) governs the use of services provided by BengalCloud (“BengalCloud”, “we”, “us”, or “our”). By purchasing, accessing, or using any of our services, the customer (“you”, “your”, or “Client”) agrees to be bound by this Agreement.

1. Company Information

BengalCloud is registered in Bangladesh.

Registered Company Name: BengalCloud
Business Address: Level 7, BDBL Bhaban, 25-26 KDA Commercial Area, Upper Jessore Road, Khulna 9000
Support Email: support@bengalcloud.com

2. Services

BengalCloud provides cloud infrastructure, hosting, domain, and related technology services, including but not limited to:

• Shared Hosting, including BDIX Hosting, BDIX Turbo Hosting, and USA Hosting
• Virtual Private Servers, including BDIX VPS, USA VPS, Managed VPS, and cPanel VPS
• Dedicated Servers
• Domain Registration
• Domain Transfer
• Software licenses, add-ons, backups, migration, management, and other related services where applicable

Additional services may be offered from time to time and will be governed by this Agreement unless a separate written agreement applies.

3. Account Registration and Accuracy

3.1 Registration Requirements
To use our services, you must register an account and provide accurate, complete, and up-to-date information, including your full legal name, valid email address, phone number, physical address, and billing details. You confirm that all information submitted to BengalCloud is truthful and current.

3.2 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials, client area access, control panel access, server credentials, and any associated login details. Any activity performed through your account is your responsibility, whether authorized by you or not. You must notify BengalCloud immediately if you suspect unauthorized access or a security breach.

3.3 Verification and Accuracy
BengalCloud may request verification of your identity, account ownership, billing information, or service usage at any time. If we reasonably believe that information provided is false, incomplete, misleading, suspicious, or connected to fraud or abuse, we may suspend, restrict, or terminate the account until verification is completed.

3.4 Non-Verified Accounts
Accounts that remain non-verified may be automatically deleted after sixty (60) days. BengalCloud is not responsible for any loss of account access, service history, invoices, tickets, or related information caused by deletion of a non-verified account.

4. Billing, Payment, and Invoicing

4.1 Billing Cycles
Services may be billed on a monthly, quarterly, semi-annual, annual, biennial, triennial, or other available billing cycle. The billing cycle is selected at the time of purchase and may be changed only where technically and commercially possible.

4.2 Invoice Generation
Invoices are generated automatically before the renewal due date according to the following schedule:

4.3 Due Dates and Payment Responsibility
All invoices must be paid in full on or before the stated due date. It is your responsibility to monitor your services, invoices, renewal dates, and payment status through the client area. Failure to receive an email, SMS, phone call, or other reminder does not remove your obligation to pay on time.

4.4 Invoice Reminder Schedule
BengalCloud may send invoice reminders as a courtesy according to the following schedule:

4.5 Payment Methods
Payments must be made using payment methods accepted by BengalCloud at the time of payment. BengalCloud may add, remove, restrict, or modify payment methods at any time without prior notice.

4.6 Late Payment Consequences
Failure to pay by the due date may result in service suspension, cancellation, account restrictions, data deletion, or other enforcement actions as described in this Agreement.

4.7 Chargebacks and Payment Disputes
Filing a chargeback, payment dispute, reversal, or unauthorized payment claim without first contacting BengalCloud to resolve the matter is a breach of this Agreement. BengalCloud may immediately suspend or terminate all services related to the account, recover the disputed amount, apply administrative fees, and refuse future service.

5. Refund Policy

5.1 General Refund Eligibility
BengalCloud offers a 30-day money-back guarantee only on eligible hosting services purchased for the first time. Refund eligibility depends on the service type, usage period, account status, and compliance with this Agreement.

To qualify for a refund:

• The service must be an initial purchase, not a renewal.
• The refund request must be submitted within 30 calendar days of the original purchase date.
• The service must have remained active for at least seven (7) calendar days before a refund request is submitted, unless BengalCloud approves an exception.
• The account must be in good standing and must not be involved in abuse, fraud, chargeback, or policy violation.

5.2 Non-Refundable Items
The following items and charges are non-refundable:

• Domain registrations, renewals, transfers, and restoration fees
• VPS services
• Dedicated servers
• Third-party software licenses, including cPanel, CloudLinux, LiteSpeed, CPGuard, JetBackup, Softaculous, and similar products
• SSL certificates once issued or activated
• Third-party service fees or pass-through charges
• Setup, provisioning, migration, installation, configuration, or administrative fees
• Promotional, discounted, special-offer, or one-time deal services unless otherwise stated
• Services used for abuse, fraud, illegal activity, spam, resource abuse, or policy-violating activity

5.3 VPS and Dedicated Servers

• VPS services are non-refundable under all circumstances.
• Dedicated servers are non-refundable under all circumstances unless BengalCloud approves an exception at its sole discretion.
• Setup, provisioning, installation, migration, and configuration fees are strictly non-refundable.

5.4 Refund Denial
Refund requests may be denied if:

• The account was suspended or terminated for violation of this Agreement
• The account was involved in abuse, fraud, illegal activity, spam, or payment disputes
• The request is submitted after the refund eligibility period
• The service is a renewal or non-refundable product
• The customer failed to meet the minimum usage requirement stated in this Agreement

5.5 Refund Processing
Approved refunds will be processed through the original payment method where possible, or as account credit at BengalCloud’s discretion. Processing times may vary depending on the payment provider and may take up to twenty-one (21) business days.

6. Suspension, Cancellation, and Data Deletion

6.1 Non-Payment Service Lifecycle
If an invoice remains unpaid after the due date, BengalCloud may apply the following automated service lifecycle:

6.2 Automation and Processing Time
Billing, suspension, cancellation, ticket, notification, and other automated actions are processed by BengalCloud’s automation system. Automation is generally processed during the configured processing window of 09:00 AM to 06:00 PM using a 24-hour time format. Some actions may be delayed due to cron execution time, queue processing, maintenance, technical issues, holidays, or operational review.

6.3 Cron-Based Automation
BengalCloud’s service lifecycle, billing, invoice generation, reminders, suspension, cancellation, and other periodic tasks rely on scheduled automation. Customers agree that automated actions may be executed without manual review once the configured conditions are met.

6.4 Inaccessibility During Suspension
During suspension or cancellation, your service may become inaccessible. BengalCloud is not responsible for any downtime, data loss, business interruption, loss of revenue, or other damages resulting from non-payment, suspension, cancellation, or deletion.

6.5 Data Recovery
Once a service has been deleted from the server, recovery may not be possible. BengalCloud has no obligation to retain, restore, recover, or provide copies of deleted data. You are solely responsible for maintaining independent backups at all times.

6.6 Voluntary Cancellation
You may request cancellation through the client area or support team. Voluntary cancellation does not automatically qualify for a refund and is subject to the Refund Policy.

7. Domain Registration, Renewal, and Expiry

7.1 Domain Responsibility
You are responsible for renewing your domain names before expiry. BengalCloud may provide renewal reminders as a courtesy, but non-receipt of reminders does not remove your responsibility to renew on time.

7.2 Domain Renewal Notifications
Domain renewal notifications may be sent according to the following schedule:

7.3 Domain Expiry, Redemption, and Loss
If a domain is not renewed before expiry, it may stop working, enter grace period, redemption period, pending delete status, or become available for registration by another party. Redemption, restoration, or late renewal may require additional non-refundable fees. BengalCloud does not guarantee recovery of expired domains.

7.4 Registry and Registrar Rules
Domain services are subject to applicable registry, registrar, ICANN, and local domain authority rules. BengalCloud is not responsible for domain suspension, deletion, transfer rejection, WHOIS verification failure, registry policy changes, or third-party domain authority decisions.

8. Acceptable Use Policy

8.1 General Conduct
You agree to use BengalCloud services only for lawful purposes and in a manner that does not harm BengalCloud, its infrastructure, its reputation, its customers, or third parties. You are fully responsible for all content, traffic, applications, files, and activity associated with your account.

8.2 Prohibited Activities
The following activities are strictly prohibited on BengalCloud services:

• Spam and Unsolicited Communication: Sending unsolicited bulk email, unsolicited commercial email, mail bombing, or operating mailing lists without proper opt-in consent
• Phishing and Fraud: Phishing, identity theft, impersonation, social engineering, financial fraud, fake login pages, or deceptive activity
• Malware and Harmful Code: Hosting, distributing, or executing malware, spyware, ransomware, trojans, viruses, backdoors, rootkits, keyloggers, botnets, or harmful scripts
• Illegal Content: Hosting, storing, linking, or distributing content illegal under the laws of Bangladesh or any applicable jurisdiction
• Intellectual Property Abuse: Hosting or distributing copyrighted, trademarked, pirated, leaked, cracked, nulled, or unauthorized proprietary content
• Security Abuse: Unauthorized scanning, penetration testing, vulnerability exploitation, credential theft, brute force attacks, or unauthorized system access
• Network Abuse: DDoS attacks, packet flooding, spoofing, traffic amplification, network disruption, or activity that harms network stability
• Child Exploitation Material: Hosting, distributing, linking to, or facilitating child sexual abuse material is strictly prohibited and will result in immediate termination and reporting to authorities
• Cryptocurrency Mining: Cryptocurrency mining is prohibited unless BengalCloud provides written permission
• VPN on BDIX VPS: Operating VPN, proxy, tunneling, anonymization, or similar services on BDIX VPS is prohibited unless BengalCloud gives written approval
• Abuse of Free or Promotional Services: Creating multiple accounts, fake orders, or abusive usage patterns to exploit promotions or discounts is prohibited

8.3 Enforcement
BengalCloud may suspend, restrict, quarantine, null-route, terminate, or delete any service involved in prohibited activity. We may act without prior notice where immediate action is needed to protect our network, infrastructure, customers, staff, or legal position. BengalCloud may also report violations to law enforcement or relevant authorities where required or appropriate.

9. Resource Usage Policy

9.1 Fair Use Principle
All services are subject to fair use. Allocated resources, including CPU, RAM, storage, disk I/O, bandwidth, inodes, processes, databases, email accounts, and network usage, must be used in a normal and reasonable manner suitable for the purchased service.

9.2 Shared Hosting Restrictions
Shared hosting services may not be used for:

• File storage, file hosting, file sharing, or file distribution as the primary purpose
• Backup storage as the primary use of the account
• Proxy, VPN, anonymizer, tunneling, or relay services
• IRC servers, IRC bots, or related processes
• Torrent trackers, torrent clients, or peer-to-peer applications
• Game servers or high-load real-time services
• Unattended background processes, daemons, or abusive cron jobs
• Bulk email, spam, or abusive mail delivery

9.3 VPS and Dedicated Server Usage
VPS and dedicated server customers receive greater control, but all services remain subject to this Agreement. Usage that threatens node stability, network health, storage performance, abuse handling, or other customers may result in warnings, limits, throttling, suspension, or termination.

9.4 Excessive Resource Usage
Customers may not continuously consume 50% or more of allocated CPU or other critical system resources for longer than sixty (60) consecutive seconds where such usage negatively impacts infrastructure stability or other customers. BengalCloud may throttle, suspend, or terminate affected services where necessary.

9.5 Resource Limit Enforcement
BengalCloud may impose, adjust, or enforce resource limits at any time to maintain service stability and fair allocation. Customers consuming excessive resources may be required to optimize, reduce usage, or upgrade to a more suitable plan.

10. Email Sending Policy

10.1 Sending Limits
Unless stated otherwise in your plan or approved in writing by BengalCloud, accounts are limited to a maximum of 100 outbound emails per hour.

10.2 Prohibited Email Practices
You may not use BengalCloud services to send spam, unsolicited marketing messages, purchased email lists, phishing messages, malware, abusive bulk email, or any email that violates applicable law, industry standards, or this Agreement.

10.3 Blacklisting and Network Reputation
If your email activity causes IP blacklisting, spam complaints, abuse reports, provider restrictions, or harm to BengalCloud’s network reputation, we may restrict or suspend email functionality or the related service without prior notice. You may be responsible for costs or damages caused by such activity.

11. Backup Policy

11.1 Backup Schedule
BengalCloud may perform one automated backup per day and may retain up to seven (7) days of rolling backups where available. Backup availability, frequency, and retention may vary by service type, server condition, storage capacity, technical issue, or operational requirement.

11.2 Backup Disclaimer
Backups are maintained primarily for internal disaster recovery and operational protection. BengalCloud does not guarantee the availability, integrity, completeness, freshness, or restorability of any backup. Backups may fail, become corrupted, be incomplete, or become unavailable without notice.

11.3 Customer Responsibility
You are responsible for maintaining your own independent backups of all files, databases, emails, configurations, credentials, and business data. BengalCloud is not liable for data loss under any circumstances, including server failure, account suspension, cancellation, deletion, abuse action, accidental deletion, backup failure, or disaster recovery failure.

12. Uptime Guarantee and SLA

12.1 Uptime Commitment
BengalCloud provides a 99.9% network and server uptime commitment within a calendar month, measured by BengalCloud’s internal monitoring systems.

12.2 SLA Credit
If BengalCloud fails to meet the uptime commitment, the affected customer may be eligible for one (1) month of free service extension for the affected service only. To claim this credit:

• You must submit a support ticket within seven (7) days of the incident
• The claim must be verified against BengalCloud’s internal monitoring records
• The credit will be applied as a service extension, not a cash refund

12.3 SLA Exclusions
The uptime commitment does not apply to downtime caused by:

• Scheduled or announced maintenance
• Emergency maintenance for security, stability, or critical fixes
• Third-party network, data center, software, license, or provider issues
• Force majeure events, including natural disasters, war, civil unrest, pandemics, government action, or similar events
• Customer misconfiguration, scripts, applications, abuse, or security compromise
• Account suspension, cancellation, termination, or deletion due to non-payment or policy violation
• DNS propagation, domain issues, registrar issues, or external dependency failure
• Events outside BengalCloud’s reasonable control

13. Technical Support Policy

13.1 Availability
BengalCloud provides technical support 24 hours a day, 7 days a week. Response times may vary during national holidays, high-volume periods, emergencies, maintenance, or special operational circumstances.

13.2 Support Channels
Support is provided through official BengalCloud channels, including live chat, phone, ticket system, support email, and other channels announced by BengalCloud. Requests through unofficial channels may not receive priority handling.

13.3 Scope of Support
BengalCloud provides support for issues directly related to hosting infrastructure, server environment, network, billing, and services provided by BengalCloud. We do not provide support for:

• Custom application development, debugging, or optimization
• Third-party software troubleshooting unless included in a managed service plan
• Website design, content editing, SEO, or business consulting
• Issues caused by customer misconfiguration, insecure code, outdated software, or unauthorized changes

13.4 Ticket Auto-Close and Lock Policy
Support tickets may be automatically closed if the customer does not respond for three (3) days. Automatically closed tickets may be locked after seven (7) days of no customer response. If a ticket is closed or locked, you may need to open a new ticket for further assistance.

13.5 Support Priority
BengalCloud may prioritize support requests based on severity, impact, affected service type, abuse risk, and infrastructure priority. Critical infrastructure issues affecting multiple customers receive the highest priority.

13.6 Professional Conduct Toward Staff
BengalCloud maintains a zero-tolerance policy for abusive, threatening, discriminatory, harassing, or inappropriate behavior toward employees, contractors, support representatives, or partners. BengalCloud may immediately suspend or terminate services, close the account, reject refund requests, void SLA credits, and decline backup restoration, data recovery, or migration assistance if such behavior occurs.

14. Verification and KYC

14.1 Right to Request Verification
BengalCloud may request identity verification, business verification, account ownership verification, or payment verification at any time. Requested documents may include:

• Government-issued photo identification
• Proof of address
• Business registration documents where applicable
• Payment receipt, transaction proof, or payment method verification

14.2 Grounds for Verification
Verification may be required when:

• BengalCloud suspects fraud, abuse, illegal activity, or account compromise
• The account shows unusual payment, login, order, or usage activity
• Required by law, court order, regulation, registrar, registry, payment provider, or law enforcement request
• Needed to verify ownership during access disputes, transfers, or security incidents
• Part of BengalCloud’s fraud prevention and risk management process

14.3 Failure to Complete Verification
If you fail to complete verification within the timeframe specified by BengalCloud, your account and all associated services may be suspended, restricted, deleted, or permanently terminated. No refund will be issued for services terminated due to failure to complete verification.

15. Service Modifications and Billing Cycle Changes

15.1 Upgrades
You may request upgrades where technically available. Upgrades may require payment of prorated or full price differences and may change your renewal date, invoice amount, resource allocation, or service configuration.

15.2 Downgrades
Downgrades are subject to technical feasibility and plan availability. Downgrades may not be possible if your current usage exceeds the target plan limits. Refunds or credits for downgrades are issued only at BengalCloud’s discretion.

15.3 Billing Cycle Changes
You may request billing cycle changes where available. Such changes may affect renewal dates, invoice amounts, discounts, and service terms.

15.4 Customer-Requested Changes
BengalCloud is not responsible for disruption, misconfiguration, downtime, data loss, or compatibility issues caused by changes requested by you, including upgrades, downgrades, reinstallations, migrations, OS changes, control panel changes, or custom configuration changes.

16. Data Ownership and Customer Responsibility

16.1 Ownership
You retain ownership of content, files, databases, applications, emails, and materials uploaded, stored, created, or transmitted through your services, subject to this Agreement and applicable law.

16.2 Customer Responsibility
You are solely responsible for:

• The legality, accuracy, security, and appropriateness of your hosted content
• Updating and securing applications, scripts, plugins, themes, CMS installations, and passwords
• Maintaining independent backups
• Complying with applicable laws and third-party rights
• All activity performed through your account, services, servers, websites, or credentials

16.3 BengalCloud’s Role
BengalCloud acts as a hosting and infrastructure provider. We do not actively monitor, approve, or endorse customer-hosted content except where required for abuse handling, security, legal compliance, or operational protection.

17. Suspension and Termination Rights

17.1 BengalCloud’s Right to Suspend or Terminate
BengalCloud may suspend, restrict, cancel, terminate, or delete any service, immediately or after notice, if:

• The account violates this Agreement or any BengalCloud policy
• The account is involved in suspected or confirmed abuse, fraud, spam, malware, phishing, or illegal activity
• The account creates security, legal, reputational, operational, or financial risk
• Payment remains unpaid beyond the permitted timeline
• BengalCloud is required to act by law, court order, registrar, registry, payment provider, or law enforcement request
• Continued service is commercially or technically impractical
• The customer abuses, threatens, harasses, or mistreats BengalCloud staff or representatives

17.2 Additional Enforcement Actions
BengalCloud may also:

• Restrict access to services or features
• Remove, quarantine, disable, or preserve content
• Null-route IP addresses or block traffic
• Report violations to law enforcement or relevant authorities
• Recover costs or damages caused by the violation

17.3 No Liability for Enforcement
BengalCloud is not liable for any loss, damage, downtime, data loss, business interruption, reputational harm, or inconvenience caused by enforcement actions taken under this Agreement.

18. Limitation of Liability

18.1 General Limitation
To the maximum extent permitted by law, BengalCloud, its directors, officers, employees, contractors, partners, suppliers, and affiliates shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profit, revenue, income, customers, contracts, goodwill, or anticipated savings
• Loss of data, files, emails, databases, backups, configurations, or digital assets
• Business interruption, downtime, service interruption, or operational failure
• Costs of substitute services

18.2 Maximum Liability
BengalCloud’s total cumulative liability for all claims related to this Agreement or your use of services shall not exceed the total amount paid by you to BengalCloud for the affected service during the twelve (12) months immediately preceding the event giving rise to the claim.

18.3 Assumption of Risk
You acknowledge that use of hosting, cloud, server, domain, and internet infrastructure services involves risk. You are responsible for backups, security, access control, monitoring, business continuity, and disaster recovery planning.

19. Indemnification

You agree to indemnify, defend, and hold harmless BengalCloud, its directors, officers, employees, contractors, partners, suppliers, agents, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use or misuse of BengalCloud services
• Content hosted, stored, transmitted, or distributed through your account
• Your breach of this Agreement
• Your violation of law or third-party rights
• Your customers, users, visitors, employees, contractors, or representatives
• Any dispute between you and third parties

This obligation survives termination or expiration of this Agreement.

20. Governing Law and Dispute Resolution

20.1 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the People’s Republic of Bangladesh.

20.2 Informal Resolution
Before starting formal legal action, both parties agree to attempt to resolve disputes in good faith through BengalCloud’s official support or management channels for thirty (30) days.

20.3 Formal Resolution
If the dispute cannot be resolved informally, the competent courts of Bangladesh shall have exclusive jurisdiction.

20.4 Waiver of Class Action
To the extent permitted by law, you agree to bring claims against BengalCloud only in your individual capacity and not as part of any class, consolidated, or representative action.

21. Modifications to This Agreement

21.1 Right to Modify
BengalCloud may update, revise, or amend this Agreement at any time. The revised Agreement becomes effective when published on our website or communicated through email, client area notice, announcement, or another reasonable method.

21.2 Customer Responsibility
We may make reasonable efforts to notify customers of material changes, but it is your responsibility to review this Agreement periodically.

21.3 Continued Use
Continued use of BengalCloud services after changes are published constitutes acceptance of the revised Agreement. If you do not agree, you must stop using the services and request cancellation.

22. Acceptance

By ordering, purchasing, paying for, registering for, accessing, renewing, or using any BengalCloud service, you confirm that you have read, understood, and agreed to this Service and Usage Agreement.

If you are entering into this Agreement on behalf of an organization, you confirm that you have authority to bind that organization to this Agreement.