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Service and Usage Agreement

HomepageService and Usage Agreement

Effective Date: 01 April 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 the following services:

  • Shared Hosting ( BDIX Hosting, BDIX Turbo Hosting, USA Hosting)
  • VPS (BDIX VPS, USA VPS, cPanel VPS)
  • Dedicated Server
  • Domain Registration
  • Domain Transfer

Additional services may be offered from time to time and will be governed by this Agreement unless stated otherwise.

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 but not limited to your full legal name, valid email address, phone number, physical address, and billing details. You represent and warrant that all information provided during registration and throughout the term of service is truthful and current.

3.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, client area access, and any associated control panel logins. Any activity that occurs under your account, whether authorized or unauthorized, is your responsibility. You agree to notify BengalCloud immediately upon becoming aware of any unauthorized use or security breach.

3.3 Verification and Accuracy
BengalCloud reserves the right to request verification of your identity or account information at any time. If we reasonably believe that any information provided is false, incomplete, misleading, or otherwise suspicious, we may suspend or restrict access to your account until satisfactory verification is completed. Failure to respond to a verification request within a reasonable timeframe may result in permanent suspension or termination.

4. Billing, Payment, and Invoicing

4.1 Billing Cycles
Services may be billed on a monthly, quarterly, semi-annual, annual, biennial (2-year), triennial (3-year), or other term basis as applicable to the selected plan. The billing cycle is determined at the time of purchase and may be modified upon mutual agreement, subject to Section 14 of this Agreement.

4.2 Invoice Generation and Due Dates
Invoices are generated automatically in advance of the service renewal date. All invoices must be paid in full on or before the stated due date. It is your sole responsibility to monitor and track your invoice due dates and ensure timely payment regardless of whether a reminder notification is received.

4.3 Courtesy Notifications
BengalCloud may send renewal reminders, payment due notifications, and overdue alerts as a courtesy. However, the delivery or non-delivery of such notifications does not relieve you of your obligation to pay on time. Non-receipt of a reminder shall not constitute a valid reason for non-payment or late payment.

4.4 Payment Methods
Payments must be made using the payment methods accepted and listed on the BengalCloud website at the time of purchase or renewal. BengalCloud reserves the right to modify accepted payment methods at any time without prior notice.

4.5 Late Payment Consequences
Failure to remit payment by the due date may result in restriction, suspension, cancellation, or permanent deletion of your services as outlined in Section 6 of this Agreement.

4.6 Chargebacks and Disputes
Filing a chargeback, payment dispute, or reversal with your payment provider without first contacting BengalCloud to resolve the matter constitutes a breach of this Agreement. In the event of an unauthorized chargeback, BengalCloud reserves the right to immediately suspend or terminate all services associated with the account, pursue recovery of the disputed amount, and charge an administrative fee as applicable under our policies.

5. Refund Policy

5.1 General Refund Eligibility
BengalCloud offers a 30-day money-back guarantee on eligible hosting services, calculated from the date of the initial purchase. Refund eligibility is determined based on the type of service, duration of usage, and compliance with this Agreement.

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

  • Domain name registrations, renewals, and transfers
  • Third-party software licenses, including but not limited to cPanel, CloudLinux, LiteSpeed, CPGuard, JetBackup, Softaculous, and similar products
  • SSL certificates once issued or activated
  • Third-party service fees or pass-through charges
  • Administrative, setup, migration, or configuration fees
  • Services purchased at a promotional or discounted rate, unless otherwise stated
  • Any service that has been utilized in connection with abusive, fraudulent, or policy-violating activity

5.3 Refund Denial
Refund requests may be denied if:

  • The account was suspended or terminated due to a violation of this Agreement
  • The account was involved in abuse, fraud, illegal activity, or chargeback disputes
  • The refund request is submitted beyond the 30-day eligibility window
  • The service was purchased as a renewal rather than a new order, unless otherwise stated

5.4 Refund Processing
Approved refunds will be processed using the original payment method where possible, or as account credit at BengalCloud's discretion. Processing times may vary depending on the payment provider, up to 21 business day.

6. Suspension, Cancellation, and Data Deletion

6.1 Non-Payment Actions
In the event of non-payment, BengalCloud will apply the following schedule:

Action Timeline
Service Suspension 3 days after the invoice due date
Service Cancellation 21 days after the invoice due date
Data Deletion from Server 30 days after the invoice due date
Pending Order Cancellation 3 days after order creation if unpaid

6.2 Inaccessibility During Suspension
During the suspension or cancellation period, your services will remain inaccessible. BengalCloud shall not be held responsible for any data loss, downtime, business interruption, or other damages incurred as a result of non-payment, suspension, cancellation, or data deletion.

6.3 Data Recovery
Once a service has been deleted from the server, recovery of data may not be possible. BengalCloud is under no obligation to retain, recover, or provide copies of deleted data. It is your sole responsibility to maintain independent backups at all times.

6.4 Voluntary Cancellation
You may request cancellation of your services at any time through the client area or by contacting our support team. Voluntary cancellations do not automatically entitle you to a refund and are subject to the terms of Section 5.

7. Acceptable Use Policy (AUP)

7.1 General Conduct
You agree to use BengalCloud services only for lawful purposes and in a manner that does not infringe upon the rights of others, damage our infrastructure, or negatively impact the experience of other customers. You are fully responsible for all content hosted, transmitted, or distributed through your account.

7.2 Prohibited Activities
The following activities are strictly prohibited on all BengalCloud services. This list is non-exhaustive, and BengalCloud reserves the right to determine, at its sole discretion, what constitutes a violation:

  • Spam and Unsolicited Communications: Sending unsolicited bulk email (UBE), unsolicited commercial email (UCE), mail bombing, or operating mailing lists without proper opt-in consent
  • Phishing and Fraud: Engaging in phishing, identity theft, social engineering, financial fraud, impersonation, or any form of deceptive activity
  • Malicious Software: Hosting, distributing, or deploying malware, spyware, ransomware, viruses, trojans, backdoors, rootkits, keyloggers, botnets, or any harmful scripts or programs
  • Illegal Content: Hosting, storing, or distributing content that is illegal under the laws of Bangladesh or the jurisdiction in which it is accessed
  • Intellectual Property Infringement: Hosting or distributing copyrighted material, trademarks, or proprietary content without proper authorization from the rights holder
  • Security Violations: Attempting to gain unauthorized access to systems, accounts, or data; performing port scanning, vulnerability scanning, or penetration testing without explicit written consent; exploiting security vulnerabilities
  • Network Disruption: Engaging in any activity that disrupts, degrades, or threatens the stability, performance, or integrity of BengalCloud's network, servers, or infrastructure, including but not limited to DDoS attacks, network flooding, or resource abuse
  • Child Exploitation Material: Hosting, distributing, or linking to any form of child sexual abuse material (CSAM) is absolutely prohibited and will result in immediate termination and reporting to relevant authorities
  • Cryptocurrency Mining: Using shared hosting, VPS, or dedicated server resources for cryptocurrency mining without explicit written authorization

7.3 Enforcement
BengalCloud reserves the right to suspend, restrict, or terminate any account involved in prohibited activities, even if the violation is merely suspected and has not been conclusively confirmed. We may take action without prior notice where immediate action is necessary to protect our infrastructure, network, or other customers. BengalCloud may also report violations to appropriate law enforcement authorities as required or permitted by law.

8. Resource Usage Policy

8.1 Fair Use Principle
All services provided by BengalCloud are subject to a fair use policy. Resources allocated to your account, including but not limited to CPU, RAM, disk I/O, bandwidth, inodes, email accounts, databases, and concurrent processes, must be consumed in a manner consistent with normal operational use.

8.2 Shared Hosting Restrictions
Shared hosting environments are designed for standard website hosting purposes. You may not use shared hosting services for any of the following:

  • As a file storage, file hosting, file sharing, or file distribution platform
  • As a proxy server, anonymizer, VPN endpoint, or relay platform
  • To operate IRC servers, IRC bots, or IRC-related processes
  • To host torrent trackers, torrent clients, or peer-to-peer (P2P) applications
  • As a gaming server platform or game hosting environment
  • To run unattended background processes, daemons, or cron jobs that consume excessive resources
  • As a mail server for abusive, bulk, or unsolicited email distribution
  • To store backups as the primary use of the hosting account; backups should supplement, not replace, your storage allocation

8.3 VPS and Dedicated Server Usage
While VPS and Dedicated Server services offer greater resource flexibility, they remain subject to this Agreement and our Acceptable Use Policy. Usage that threatens network stability, causes excessive load on shared infrastructure components, or constitutes abuse may result in warnings, resource throttling, suspension, or termination.

8.4 Resource Limit Enforcement
BengalCloud reserves the right to impose, adjust, or enforce resource limits at any time to ensure service stability and fair allocation among all customers. Accounts found to be consuming resources in a manner that adversely affects other customers or server health may be throttled, suspended, or required to upgrade to a more appropriate plan.

9. Email Sending Policy

9.1 Sending Limits
Unless explicitly stated otherwise in your hosting plan or approved in writing by BengalCloud, all accounts are subject to a maximum sending limit of 100 outbound emails per hour.

9.2 Prohibited Email Practices
You may not use BengalCloud services to send spam, unsolicited marketing emails, bulk messages, or any communications that violate applicable laws, industry regulations (including CAN-SPAM, GDPR, and similar frameworks), or our Acceptable Use Policy.

9.3 Blacklisting and Abuse
If your email sending activity results in IP blacklisting, spam complaints, abuse reports, or causes harm to our network reputation, BengalCloud may immediately restrict, limit, or fully suspend your email functionality without prior notice. You may be held responsible for any costs or damages incurred as a result of your email activity.

10. Backup Policy

10.1 Backup Schedule
BengalCloud performs one automated backup per day and may retain up to a maximum of 7 days of rolling backups. However, backup frequency, availability, and retention may vary due to technical conditions, server constraints, or operational requirements.

10.2 Purpose and Disclaimer
These backups are maintained primarily for internal disaster recovery purposes in the event of catastrophic server failure or infrastructure-level incidents. BengalCloud does not guarantee the availability, integrity, completeness, or timeliness of any backup. Backups may fail, become corrupted, or be unavailable without notice.

10.3 Client Access
Where backup access is available through the hosting control panel or client area, customers may access and restore from available backups. However, the availability of this feature does not alter the fundamental nature of these backups as an internal recovery tool.

10.4 Customer Responsibility
You are strongly advised and expected to maintain your own independent backup copies of all data, files, databases, emails, and configurations at all times. BengalCloud shall not be held liable for any data loss under any circumstances, including but not limited to server failure, accidental deletion, account termination, or backup unavailability.

11. Uptime Guarantee and Service Level Agreement (SLA)

11.1 Uptime Commitment
BengalCloud guarantees 99.9% network and server uptime within any given calendar month, measured against our internal monitoring systems.

11.2 SLA Credit
In the event that BengalCloud fails to meet the 99.9% uptime commitment, the affected customer shall be entitled to one (1) month of free service extension at no additional charge, applied to the affected service only. To claim this credit:

  • You must submit a support ticket within 7 days of the incident
  • The claim is subject to verification against BengalCloud's internal monitoring records
  • The credit will be applied as a service extension, not as a monetary refund

11.3 SLA Exclusions
The uptime guarantee does not apply to downtime caused by:

  • Scheduled or announced maintenance windows
  • Emergency maintenance required for security, stability, or critical updates
  • Third-party network, hardware, or software failures beyond BengalCloud's control
  • Force majeure events (natural disasters, war, civil unrest, pandemics, government action, etc.)
  • Customer-caused issues including misconfiguration, script errors, or application-level faults
  • Account suspension or termination due to abuse, non-payment, or policy violation
  • DNS propagation, domain-related issues, or external service dependencies
  • Any circumstances reasonably outside BengalCloud's direct operational control

12. Technical Support Policy

12.1 Availability
BengalCloud provides 24 hours a day, 7 days a week technical support. However, response times may vary during official national holidays, periods of unusually high volume, emergency situations, or special operational circumstances.

12.2 Support Channels
Support is provided through our official live chat, phone number, ticketing system, support email (support@bengalcloud.com), and any additional channels as announced by BengalCloud from time to time. Support requests submitted through unofficial channels (social media direct messages, personal emails, etc.) may not receive priority handling.

12.3 Scope of Support
BengalCloud provides support for issues directly related to the hosting infrastructure, server environment, and services provided under this Agreement. We do not provide support for:

  • Custom application development, debugging, or optimization
  • Third-party software installation, configuration, or troubleshooting (unless included as part of a managed service plan)
  • Website design, content management, or SEO-related queries
  • Issues arising from customer misconfiguration or unauthorized modifications

12.4 Support Priority
BengalCloud may prioritize support tickets based on severity, impact, and the nature of the issue. Critical infrastructure issues affecting multiple customers will be given the highest priority.

13. Verification and Know Your Customer (KYC)

13.1 Right to Request Verification
BengalCloud reserves the right to request identity verification or KYC documentation from any customer at any time, including but not limited to:

  • Government-issued photo identification (national ID, passport, or driver's license)
  • Proof of address (utility bill, bank statement, or similar document)
  • Payment method verification (credit card photo, transaction receipt, or bank confirmation)

13.2 Grounds for Verification
Verification may be required when:

  • BengalCloud suspects abusive, fraudulent, or illegal activity on the account
  • The account exhibits unusual payment patterns, login behavior, or ordering activity
  • It is required by the laws of Bangladesh, court orders, or law enforcement requests
  • It is necessary to verify account ownership in the event of access disputes, ownership transfers, or security incidents
  • It is part of BengalCloud's ongoing fraud prevention and risk mitigation program

13.3 Failure to Comply
If you fail to complete a verification request within the timeframe specified by BengalCloud, your account and all associated services may be suspended or permanently terminated. No refund shall be issued for services terminated due to failure to complete verification.

14. Service Modifications and Billing Cycle Changes

14.1 Service Upgrades
You may request a service upgrade at any time, subject to technical feasibility and resource availability. Upgrades will be processed upon payment of any applicable price difference, prorated for the remaining billing period.

14.2 Service Downgrades
Downgrade requests are subject to technical feasibility and available plan options. Downgrades may not be possible if your current resource usage exceeds the limits of the target plan. Credits or refunds for downgrades are issued at BengalCloud's sole discretion.

14.3 Billing Cycle Modifications
You may request a change to your billing cycle (e.g., from monthly to annual). Such changes will be applied where operationally possible and may affect your renewal date, invoice amount, and any applicable discounts.

14.4 Impact of Changes
Any upgrade, downgrade, or billing cycle modification may result in changes to your renewal date, invoice amount, allocated resources, or service configuration. BengalCloud is not responsible for any disruption or data loss that may occur as a result of service modifications requested by you.

15. Data Ownership, Content, and Responsibility

15.1 Ownership
You retain full ownership of all content, data, files, databases, and materials that you upload, create, store, or transmit through BengalCloud services, subject to the terms of this Agreement and applicable law.

15.2 Customer Responsibility
You are solely and fully responsible for:

  • The legality, accuracy, and appropriateness of all content hosted on or transmitted through your account
  • The security, maintenance, and updating of all applications, scripts, and software installed on your account
  • Ensuring that your use of the services complies with all applicable local, national, and international laws and regulations
  • All activity that occurs under your account, whether performed by you, your employees, your end users, or any third party

15.3 BengalCloud's Role
BengalCloud acts solely as a hosting and infrastructure provider. We do not monitor, review, endorse, or assume responsibility for customer-hosted content except where required by applicable law or in response to valid abuse reports. BengalCloud reserves the right to remove or disable access to content that violates this Agreement, applicable law, or the rights of third parties.

16. Suspension and Termination Rights

16.1 BengalCloud's Right to Suspend or Terminate
BengalCloud reserves the right to suspend, restrict, or terminate any service, immediately or after notice, at its sole discretion, if:

  • The account has violated any provision of this Agreement, including the Acceptable Use Policy
  • The account is suspected of or confirmed to be involved in abuse, fraud, or illegal activity
  • The account poses a security, legal, reputational, or operational risk to BengalCloud or its customers
  • Payment remains outstanding beyond the periods specified in Section 6
  • BengalCloud is required to do so by law, regulation, court order, or law enforcement directive
  • Continued provision of service is commercially or technically impractical

16.2 Additional Enforcement Actions
In addition to suspension or termination, BengalCloud may:

  • Deny or restrict access to specific features or services
  • Remove, disable, or quarantine offending content
  • Report violations to appropriate law enforcement authorities
  • Pursue legal remedies for damages caused by the violation

16.3 No Liability for Enforcement Actions
BengalCloud shall not be liable for any damages, losses, or inconvenience arising from the exercise of its enforcement rights under this section, including but not limited to data loss, business interruption, or reputational harm.

17. Limitation of Liability

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

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profit, revenue, income, or anticipated savings
  • Loss of data, files, or digital assets
  • Loss of business, contracts, goodwill, or reputation
  • Business interruption or operational downtime
  • Costs of procuring substitute services

whether arising from contract, tort (including negligence), strict liability, or any other legal theory, even if BengalCloud has been advised of the possibility of such damages.

17.2 Maximum Liability
In no event shall BengalCloud's total cumulative liability to you for all claims arising out of or related to this Agreement or your use of the services exceed the total amount paid by you to BengalCloud during the twelve (12) months immediately preceding the event giving rise to the claim.

17.3 Assumption of Risk
You acknowledge and agree that your use of BengalCloud services is entirely at your own risk. You are responsible for maintaining independent backups, implementing appropriate security measures, and establishing business continuity plans adequate for your needs.

18. Indemnification
You agree to indemnify, defend, and hold harmless BengalCloud, its directors, officers, employees, contractors, agents, partners, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use or misuse of BengalCloud services
  • Content hosted, stored, transmitted, or distributed through your account
  • Your breach of any term, condition, or obligation under this Agreement
  • Your violation of any applicable law, regulation, or third-party right (including intellectual property rights, privacy rights, and contractual rights)
  • Any dispute between you and your end users, customers, or other third parties
  • Any claim by a third party resulting from your use of the services

This indemnification obligation shall survive the termination or expiration of this Agreement.

19. Governing Law and Dispute Resolution

19.1 Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the People's Republic of Bangladesh, without regard to its conflict of laws principles.

19.2 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the services, the parties shall first attempt to resolve the matter in good faith through BengalCloud's official support or management channels within a period of thirty (30) days.

19.3 Formal Resolution
If the dispute cannot be resolved through informal channels, either party may submit the matter to the competent courts of Bangladesh, which shall have exclusive jurisdiction over all disputes arising under this Agreement.

19.4 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 a plaintiff or class member in any purported class, consolidated, or representative action.

20. Modifications to This Agreement

20.1 Right to Modify
BengalCloud reserves the right to update, amend, or revise this Agreement at any time and at its sole discretion. The revised Agreement will become effective upon publication on our website or upon notification to customers through email, client area announcement, or other reasonable means.

20.2 Notification
We will make reasonable efforts to notify customers of material changes to this Agreement. However, it is your responsibility to review this Agreement periodically.

20.3 Continued Use
Your continued use of BengalCloud services after any modification to this Agreement constitutes your acceptance of the revised terms. If you do not agree with the revised terms, you must discontinue use of the services and request account cancellation.

21. Acceptance

By ordering, purchasing, paying for, registering for, accessing, or using any BengalCloud International service, you confirm that you have read, understood, and agreed to be bound by this Service and Usage Agreement in its entirety.

If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization to the terms of this Agreement.

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