Cloudiro agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Cloudiro's service constitutes acceptance and agreement to Cloudiro's Terms of Service.
Cloudiro reserves the right to modify the Terms of Service without notice.
If you do not agree to all or part of the terms and conditions set forth in this Agreement, you may not use any of the Services. If you are already a Subscriber of Cloudiro and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Cloudiro to cancel your Services.
The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Cloudiro of any unauthorized use of your account or any other breach of security. Cloudiro will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Certain aspects of the Services are provided by third parties. These third parties may have reserved rights to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Cloudiro. You will not engage in any activity that interferes with or disrupts Cloudiro's services or networks connected to Cloudiro.
This Agreement becomes effective immediately when you purchase any of our product services and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Cloudiro, or by the posting by Cloudiro of a revised version.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Cloudiro will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): Cloudiro has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Cloudiro whether or not the message actually originated from our network.
Mailing Lists: Cloudiro's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Cloudiro and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Cloudiro's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Cloudiro or Cloudiro's customers. Cloudiro reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Cloudiro is the appropriate service provider for you:
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Cloudiro does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Cloudiro routinely monitor the network communications of Cloudiro's customer as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Cloudiro. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
You may contact Cloudiro's agent via email by emailing abuse at cloudiro dot com (please make replacements as necessary). Copyright complaints are handled pursuant to the Digital Millennium Copyright Act ("DMCA"). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using Cloudiro's Services, and presenting copyright complaints.
You agree that Cloudiro shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted for accounts which have unpaid payments with du dates over 10 days. Accounts that are not collectable by Cloudiro may be turned over to an outside collection agency for collection.
Subscriber is aware that Cloudiro may prospectively change the specified rates and charges from time to time.
Cloudiro is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.
Cloudiro is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Cloudiro. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subjected to a $5.00 service charge unless cancelling within the 15 day money-back guarantee period.
Only first-time accounts are eligible for a refund under the 15 day money back guarantee. For example, if you had or still have an account with Cloudiro before, canceled and signed up again, you will not be eligible for a refund. If you have opened a second account with Cloudiro, you will not be eligible for a refund. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
No refunds are offered on cloud virtual machine (VM) packages, dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, or software licenses. Cloudiro reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a cPanel license or SSL certificate, from any refunds.
If Cloudiro receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to Cloudiro by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Cloudiro's billing team to address any billing issues.
If Cloudiro appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Cloudiro by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.
Cloudiro provides a 99.9% uptime guarantee on all Cloudiro hardware, and on network connectivity. In any given month, if your Cloudiro is down for more than 0.1%, you may request a pro-rated credit for the down-time.
Cloudiro, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Cloudiro provides support related to your Cloudiro virtual server physically functioning. Cloudiro does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. In addition, Cloudiro does not provide technical support to your customers. Please feel free to check our Frequently Asked Questions, our Knowledge Base, or you can also email us at support at cloudiro.com.
Cloudiro reserves the right to suspend network access to any customer if, in the judgment of the Cloudiro network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Cloudiro chooses. Cloudiro will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Cloudiro reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time where it becomes necessary for Cloudiro to cancel a customer's service without cause, Cloudiro will provide an advance notice of 30 days.
You may cancel the service at any time by using the "Cancel VPS" or "Cancel Account" link located on the "My Accounts" sub-tab of the product section of Cloudiro Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
When Cloudiro assigns an account holder an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Cloudiro, and Customer shall have no right to use that Internet Protocol address except as permitted by Cloudiro in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Cloudiro and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Cloudiro shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Cloudiro. Subscriber further acknowledges that Cloudiro's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Cloudiro be liable for any special or consequential damages, loss or injury. Cloudiro is not responsible for any damages your business may suffer. Cloudiro does not make implied or written warranties for any of our services. Cloudiro denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cloudiro.
If any manner of communication with Cloudiro's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
Cloudiro reserves the right to refuse service to anyone at any time. Any material that, in Cloudiro's judgment, is obscene, threatening, illegal, or violates Cloudiro's terms of service in any manner may be removed from Cloudiro's servers (or otherwise disabled), with or without notice.
Similarly, Cloudiro reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Cloudiro is not responsible for any damages or loss of data resulting from such suspension or termination.
Cloudiro happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect Cloudiro and its customers from fraud, Cloudiro may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
Due to United States law, Cloudiro cannot accept any orders originating from countries that the United States has established an embargo on or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Support to Customer is limited to Cloudiro's area of expertise and is available only for issues related to the physical functioning of the Services. Cloudiro does not provide support for any third party software including, but not limited to, software offered by but not developed by Cloudiro. Cloudiro reserves the right to refuse assistance with and/or assess an "Advanced Support Fee" of $55.00 USD per hour (1 hour minimum) for any issue that, at Cloudiro's sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. Cloudiro will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Cloudiro may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Cloudiro shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Cloudiro shall be at your sole risk. All services provided by Cloudiro are available as is, without warranty.
Cloudiro wishes to emphasize that in agreeing to the Cloudiro Terms of Service, customer indemnifies Cloudiro for any violation of the Terms of Service that results in loss to Cloudiro or the bringing of any claim against Cloudiro by any third-party. This means that if Cloudiro is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Cloudiro, plus all costs and reasonable attorney's fees.
You agree that Cloudiro may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Cloudiro services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Cloudiro and govern your use of Cloudiro services, superceding any prior agreements between you and Cloudiro for the use of Cloudiro services.
The Terms of Service and the relationship between you and Cloudiro shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Cloudiro agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Atlantic, New Jersey.
The failure of Cloudiro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Cloudiro services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.