TERMS OF SERVICE
CloudyServe’s terms of service apply to all content, domains, and clients with the Cloudy Serve -network.
Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole. Cloudy Serve -‘s policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer’s access to any or all services provided by us if it is decided that the account has been inappropriately used.
All shared hosting services are intended for the end-user only and may not be subleased, sold or given to third parties
Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Cloudy Serve -does not make and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.
Clients are responsible for frequently backing up their files on our system. Cloudy Serve -cannot be held responsible for the deletion of users’ files, whether intentional or unintentional.
Authorization of Charges
Cloudy Serve -will bill for services rendered which are due within seven (7) days. Client authorizes Cloudy Serve -to charge credit card supplied by Client if stored within our billing system. Paypal or check/money orders are also accepted if Client chooses not to store a credit card.
Cloudy Serve -may discontinue service for failure to make payment for initial fees or any re-occurring fees thereafter. Cloudy Serve -reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.
All services provided by Cloudy Serve -may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
Warez Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any Cloudy Serve -servers.
Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal audio files or archives.
IRC and camfrog servers are strictly prohibited.
Cloudy Serve -reserves the right to disable any material from Client’s web space that is reasonably deemed unacceptable.
Cloudy Serve -reserves the right to suspend Client’s account our discretion if said material is discovered.
Cloudy Serve -is the sole arbiter as to what constitutes a violation of the above provisions.
Cloudy Serve -reserves the right to suspend any client which violates section 3 of our Terms Of Service.
Shared Hosting Application Restrictions
VPS servers are not permitted to run CPU mining programs. Shared Webhosting Restrictions: The Client is allowed to freely install CGI/PHP applications; however, Cloudy Serve -reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. Some scripts and sites are not allowed on shared hosting: *Tube / YouTube clone sites, adult content, file archives, email archives, mirror sites, image and file upload sites. No single shared hosting account is permitted to use more than 20% of the server resources at a time. A single account is limited to 250,000 inodes at any given time. E-mail such as junk mail should be permanently deleted. Cloudy Serve -may impose storage fees of $.15 per GB for accounts that are using an unreasonable amount of resources on a shared hosting package.
Cloudy Serve -servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client’s domain or IP may not be referenced as originator or intermediary in any of the above.
Cloudy Serve -considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. Cloudy Serve -is the sole arbiter as to what constitutes a violation of the above provisions.
Cloudy Serve -IP blocks may not be used for IP rotation while sending emails. Cloudy Serve -may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination. Further mailing list policies are included in the Email / Mailing List Policy.
Any attempt to undermine or cause harm to a Cloudy Serve -server or another Cloudy Serve -Client is strictly prohibited.
Any attempt to undermine any Cloudy Serve -web site or a web site of another Cloudy Serve -Client is strictly prohibited and may result in immediate termination of services rendered by Cloudy Serve -without refund. Cloudy Serve -is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implemented for intentional server abuse.
Client agrees that it will defend, indemnify, and hold harmless Cloudy Serve -from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney’s fees, asserted against Cloudy Serve -, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless Cloudy Serve -against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Cloudy Serve -‘s servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client’s customer from Cloudy Serve -‘s servers.
Cloudy Serve -assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client’s products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or violation of copyright, trademark or other intellectual property rights. Any attempt to undermine any Cloudy Serve -web site or a web site of another Cloudy Serve -Client is strictly prohibited and may result in immediate termination of services rendered by Cloudy Serve -without refund. Cloudy Serve -is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two- hundred (200) USD may be implemented for intentional server abuse.
Cloudy Serve -will not be held responsible for any damages you or your business may suffer. Cloudy Serve -makes no warranties of any kind, expressed or implied, for services rendered. Cloudy Serve -disclaims any warranty or merchantability or fitness for a particular purpose. Cloudy Serve -assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. Cloudy Serve -will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Cloudy Serve -.
A The term of this Agreement will continue until a notice of cancellation by Cloudy Serve -or Client is given, or until terminated under other provisions of this Agreement. Cloudy Serve -reserves the right to terminate this Agreement with cause upon notification to the Client. Cloudy Serve -may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Cloudy Serve -to implement this Agreement is disrupted or terminated for any reason.
B 9.b is only applicable to Web Hosting Accounts (packages Standard, Windows, and WordPress). Client may request Cloudy Serve -refunds money within 30 days after sign up has taken place. Client will be refunded the full amount they have paid. If 30 days have passed, Client may cancel the service, however, Client forfeits monies paid to Cloudy Serve -. Client may cancel an account with Cloudy Serve -and be removed from billing, thereby stopping all future charges.
C 9.c is only applicable to Dedicated/Colocation and IP Transit accounts. Refunds will be issued to any order before service turn up at Client’s request. Refunds are not offered on Dedicated servers, colocation space, VPS, licensing or IP transit after service has started. Termination must be requested in writing with a 45-day notice.
D These policies may be modified or changed by Cloudy Serve -. Cloudy Serve -will inform client of any major policy changes.
Presumption of Agreement
By signing up with Cloudy Serve -, be it using Cloudy Serve -‘s online sign-up form or contacting in any way an employee, officer, agent, and director with the request for Cloudy Serve -to provide Client services, Client (1) authorizes Cloudy Serve -to take the actions necessary in order to setup Client’s account, including charging a credit card, if applicable, supplied by Client at the time of sign up; and (2) agrees to each and every provision outlined in this Agreement and shall hold to said Agreement in the court of law.
In the event Client defaults in any provision or fails to perform under this Agreement, Cloudy Serve -will be entitled to damages, costs, and attorney’s fees from the Client.
IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS
All services that you purchase are offered and purchased on automatic renewal. Except for reasons described below in this section, automatic renewal automatically renews the applicable Service upon expiration of the then-current term for a renewal period equal in time to the most recent service period (Except for domain names which may renew for the original service period). Cloudy Serve -will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service(s) in your account. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your services before that date. In other words, should you elect to cancel your product and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Cloudy Serve -shall not be liable to you or any third party regarding the same. You can cancel anytime by accessing our customer portal, selecting the active service you wish to cancel and click on the cancel service link, emailing us at [email protected], calling +1(352) 405-5616, Services must be cancelled at least (3) three days before the automatic renewal period, or they will be cancelled after the next renewal period.
If for any reason Cloudy Serve -is unable to charge your Payment Method for the full amount owed, or if Cloudy Serve -receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Cloudy Serve -may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Cloudy Serve -also reserves the right to charge you reasonable “administrative” fees” for (i) tasks Cloudy Serve -may perform outside the normal scope of its Services, (ii) additional time and/or costs Cloudy Serve -may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Cloudy Serve -in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Cloudy Serve -staff or by outside firms retained by Cloudy Serve -; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Cloudy Serve -as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Cloudy Serve -. Cloudy Serve -may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section. Domains, Web Hosting, VPS, Rapid Deploy can be canceled online by logging into the Customer Portal.
Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion, this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of FL and the venue for any action, dispute or proceeding with respect to this Agreement will be FL.
ARBITRATION AND CLASS ACTION WAIVER
ALL CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Dunnellon Florida or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SECAUCUS, NEW JERSEY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, we may each may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to us at the address Cloudy Serve -; 110 Meadowlands PKWY; Suite 100; Secaucus, NJ 07094 within thirty (30) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.
If we implement any material change to this Section, such change shall not apply to any Claim for which you provided written notice to us before the implementation of the change.
Cloudy Serve -may provide top-level domains at discounted prices with the purchase of a new webhosting package. The promotional pricing is subject to change upon the annual renewal of the purchased domain. Should the customer decide to switch hosting providers, the client agrees to pay the yearly fee listed on the Cloudy Serve -website for domain name registration. Please note that domains automatically renew therefore if you wish not to renew your domain we ask that you cancel it prior to its annual renewal. Full Domain Agreement Located here
Email / Mailing List Policy
Server’s which are for mailing only are disallowed on Cloudy Serve -‘s network. A mailing only server is defined as any shared/VPS/dedicated/colocated server who’s primary purpose is sending email over SMTP. Cloudy Serve -‘s network is monitored through multiple feedback loops and may terminate, without prior warning, a server that has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt-in, opt-out only, or any other non-double opt-in mailing list will result in server termination.
Mailing lists must be double opt-in lists.
Messages must have clear removal instructions and valid headers.
Removal requests must be completed within 24 hours.
Messages must include details on how the user subscribed. These details must be provided to Cloudy Serve -on our request.
Excessive complaints may result in account termination.
Cloudy Serve -reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to Cloudy Serve -policies.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org will result in immediate account termination.
All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. Cloudy Serve -reserves the right to remove files that do not adhere to our terms of service, local, state, or federal laws.
This is the web site of Cloudy Serve -, Inc.
When accessing Cloudy Serve – owned websites the page URL, referral, IP address, timestamp, browser, and operating system is collected. This information is used for security, logging and website data analytics. By placing an order, additional personal information is provided by your consent such as an email address.
USE OF INFORMATION
SECURITY OF PERSONAL INFORMATION
All connections to Cloudy Serve -‘s order system are encrypted through the use of SSL. The data sent between the end user and Cloudy Serve -‘s ordering system are encrypted. However, even with such encryption it is possible for a third party such as your ISP to see what URL is being accessed. When a credit card is submitted, the credit card data is encrypted before being stored within an internal database. Cloudy Serve -‘s client portal system is additionally protected by Imperva Incapsula, a cloud based firewall and security system.
THIRD PARTY ACCESS
Cloudy Serve – protects personal information of clients. Data may be disclosed under the following circumstances:
If required by law due to a subpoena or court order.
Information will be made available to Cloudy Serve – employees to carry out normal task such as requested technical support or billing.
Domain name registrations through Cloudy Serve – will share the personal information such as email, address and phone number in order to register a domain name.
Trusted third parties that are required for normal business activities such as processing credit card payments or affiliates.
Business transfers such as a sale or merger.
Only the minimum information necessary is shared with the third party.
Personal data is kept as long as there is a business need to keep the data. Personal information like payment history is kept for tax and accounting purposes.
USER CONTROL OF PERSONAL INFORMATION
Personal information can be controlled through Cloudy Serve -‘s account portal under the update contact information section. If you are unable to make changes please contact Cloudy Serve – support by using the contact page.