This "Cloud Clusters Inc." Terms of Service (this "Agreement") governs your purchase and use of all "Cloud Clusters Inc." services (collectively, the "Services"), as described in the Order Form(s) submitted by you and accepted by "Cloud Clusters Inc." ("Service Order"). You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. "Cloud Clusters Inc." may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the "Cloud Clusters Inc." web site (the "Site"). Your continued use of the Services following "Cloud Clusters Inc." posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify "Cloud Clusters Inc." of your termination of this Agreement in the manner described in the section below.
"Cloud Clusters Inc." provides fully managed open-source application cloud hosting and other services to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
"You agree not to misuse the "Cloud Clusters Inc." services or help anyone else to do so. The following is a list of actions that will cause direct suspension/cancellation/termination of your service without the possibility of refund:
We are not "HIPAA compliant." Clients are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Clients acknowledge that the services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. "Cloud Clusters Inc." does not control or monitor the information or data you store on, or transmit through, our services. We specifically disclaim any representation or warranty that the services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Clients requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that "Cloud Clusters Inc." is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.
All cancellations must be made 2 days before the new billing cycle to avoid new charges. You must notify us of a cancellation request a minimum of two (2) days prior to the new billing due date. It is required that you make a cancellation request in our control panel or submit a sales ticket or email to email@example.com. Please note on your request the date for the cancellation to be effective. Cancellations become effective when you receive the cancellation confirmation email from "Cloud Clusters Inc.". Please contact us with our ticket system if you do not receive the cancel confirmation within 2 business days.
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.
Promotional offers are offered periodically and are not valid after they are expired. If a customer upgrades or downgrades a service or services before or after a promotional offer expires, one is ineligible to return to the same promotional offer and will revert to the current rate.
"Cloud Clusters Inc." is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain name owner directly, or should be filed in a UDRP or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes; we are only able to assist with complaints regarding the content of a hosted website (as opposed to the wording of the domain name registered).
ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP") is a method for resolving domain disputes relating to abusive domain registrations (for example, cybersquatting or trademark infringement). Please refer to http://www.icann.org/en/help/dndr/udrp for more information.
When a new account or domain, as applicable, is registered with or transferred to "Cloud Clusters Inc.", the process requires and results in the creation of the following within the records of "Cloud Clusters Inc.", in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
"Cloud Clusters Inc." is not responsible to determine ownership of websites hosted by, accounts opened with "Cloud Clusters Inc.". By accessing "Cloud Clusters Inc."'s system, registering, or using any of the services provided by "Cloud Clusters Inc.", the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account and website hosted by, opened with, or registered with "Cloud Clusters Inc." are subject to the terms and conditions of this section of these Terms.
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by "Cloud Clusters Inc." or in an associated "Cloud Clusters Inc." account. "Cloud Clusters Inc." is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by "Cloud Clusters Inc." or in an associated "Cloud Clusters Inc." account, and, in "Cloud Clusters Inc."'s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then "Cloud Clusters Inc." will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves "Cloud Clusters Inc." of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what "Cloud Clusters Inc.", in its sole judgment, deems to be a reasonable time, then "Cloud Clusters Inc.", at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Texas, file an interpleader action in a court of competent jurisdiction within the State of Texas for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse "Cloud Clusters Inc." for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to "Cloud Clusters Inc." under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
The form found here may be used to notify "Cloud Clusters Inc." of a change in ownership of a hosting account. Please note that any changes to the owner and/or billing information stored in the billing system and account control panel must be changed by the Transferor or the Transferee. "Cloud Clusters Inc." will not be liable for any inability to access the account due to a failure to release access information. Filing this form with "Cloud Clusters Inc." does not guarantee any changes. "Cloud Clusters Inc." reserves the right to accept or reject the request for any reason in its sole and absolute discretion.
"Cloud Clusters Inc." shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from "Cloud Clusters Inc." servers going off-line or being unavailable for any reason whatsoever.
Furthermore, "Cloud Clusters Inc." shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of "Cloud Clusters Inc." servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless "Cloud Clusters Inc." from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, "Cloud Clusters Inc.", or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org.
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
"Cloud Clusters Inc." cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning.
Moreover, "Cloud Clusters Inc." holds no responsibility for the use of our clients' accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as "Cloud Clusters Inc." sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!