Effective date: 28 February 2020
Effective date: 28 February 2020
This policy represents the Cloudy24 Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Cloudy24 customers agree to when they sign-up for any of the Cloudy24 website hosting services. Cloudy24 reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Cloudy24 agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Cloudy24. Cloudy24 retains the sole discretion to make judgment regarding any violation by any Cloudy24 customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Cloudy24 maintaining one or more accounts (each "Account"), you, as the Cloudy24 customer, agree to the following terms of service.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Cloudy24, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Cloudy24 is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly 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 be denied.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 7 days from your sign update. Transfers outside of the 7 Day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
All services provided by Cloudy24 may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless Cloudy24 from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to violate another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@Cloudy24.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, except for one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include: Topsites IRC Scripts/Bots Proxy Scripts/Anonymizers Pirated Software/Warez Image Hosting Sc7 Dayripts (similar to Photobucket or Tinypic) AutoSurf/PTC/PTS/PPC sites IP Scanners Bruteforce Programs/Scripts/Applications Mail Bombers/Spam Scripts Banner-Ad services (commercial banner ad rotation) File Dump/Mirror Scripts (similar to rapidshare) Commercial Audio Streaming (more than one or two streams) Escrow/Bank Debentures High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Prime Banks Programs Lottery/Gambling Sites MUDs/RPGs/PBBGs Hacker focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/pirated/illegal content Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) Mailer Pro Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) Examples of unacceptable material on all VPS/Dedicated servers include: IRCD (IRC servers) IRC Scripts/Bots Pirated Software/Warez IP Scanners Bruteforce Programs/Scripts/Applications Mail Bombers/Spam Scripts Escrow High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Prime Banks Programs Lottery/Gambling Sites Hacker focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/pirated/illegal content Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) Mailer Pro Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) Cloudy24 services, including all related equipment, networks, and network devices are provided only for authorized customer use. Cloudy24 Corporation systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Cloudy24 Corporation system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Cloudy24 may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble-ticket/email and will have a response within 48 hours. Sites hosted on https://www.cloudy24.com’s service(s) are regulated only by U.S. law. Given this fact, and under Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material is defamatory by a court, as evidenced by a court order. Cloudy24.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates the material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Cloudy24.com and many of Cloudy24.com other web hosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Cloudy24.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Cloudy24.com’s Webhosting service(s). If in doubt regarding the acceptability of your site or service, please contact us at abuse@Cloudy24.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Cloudy24 reserves the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Cloudy24 reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of Cloudy24.
You agree to supply appropriate payment for the services received from Cloudy24, in advance of the period during which such services are provided. You agree that until and unless you notify Cloudy24 of your desire to cancel any or all services received, those services will be billed repeatedly. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and verification purposes. You should immediately receive an automatic Your request has been received… an email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of Cloudy24, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify Cloudy24 of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed regularly unless otherwise stated in writing by Cloudy24. Cloudy24 reserves the right to bill your credit card or billing information on file with us. Cloudy24 provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Cloudy24 for services rendered. Access to the account will not be restored until payment has been received. It is the customer’s responsibility to notify our sales team via email at sales@Cloudy24.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Cloudy24 cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed and renewed 7 days before the renew date. It is the customer’s responsibility to notify our sales team via email at sales@Cloudy24.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@Cloudy24.com Cloudy24 reserves the right to change the monthly payment amount and any other charges at any time.
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Cloudy24 is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cloudy24 servers.
Cloudy24 reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form or email us on sales. Cloudy24 Corporation gives you a 7-day money-back guarantee on managed shared hosting and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal. (Refund apply only 6 month or more booking services) Cancellations requested after the initial 7 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 7 day period will be given on a prorated basis from when the refund was requested if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 7 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.
User may not: 1) Use 25% or more of system resources for longer than 90 seconds. Numerous activities could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc. 2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. 4) Run any software that interfaces with an IRC (Internet Relay Chat) network. 5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers. 6) Participate in any file-sharing/peer-to-peer activities 7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 8) Run CRON entries with intervals of less than 15 minutes. 9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. 10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php“) use include (“include.php”) 11) To help reduce usage, do not force HTML to handle server-side code (like PHP and SHTML). 12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Any shared account using more than 20 gigs of disk space will be removed from our off-site weekly backup except Databases continuing to be backed up. we do not provide any backup of copyrighted mp3, illegal adult files, and all other illegal files
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Each of Cloudy24’s managed shared, VPS, and reseller servers carry a 30-day unconditional money-back guarantee on them. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Cloudy24 will not activate new orders or activate new packages for customers who have an outstanding balance with Cloudy24. For a new order to be set up or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Cloudy24 in writing.
Cloud24 offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Cloud24 will try to support maximum uptime. Cloud24 is not liable for any downtime caused by the client. If your shared / reseller server has a physical downtime that is not within the 99.999% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Cloudy24 dependent upon justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@Cloudy24.com with justification. All requests must be made in writing via email. we do not provide uptime guarantee who breaks our TOS (Any illegal material) Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Resellers are responsible for supporting their clients. Cloudy24 does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Cloudy24 Web Hosting Solutions will hold any reseller responsible for any of their client's actions that violate the law or the terms of service.
Shared accounts may not resell web hosting to other people if you wish to resell hosting you must use a reseller account. Semi-dedicated (VPS)servers are not backed up. You must maintain your backups.
Cloudy24 reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Cloudy24 reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@Cloudy24.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Cloudy24.com, and the right to increase and decreases the number of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Cloudy24 shall not be responsible for any damages your business may suffer. Cloudy24 makes no warranties of any kind, expressed or implied for services we provide. Cloudy24 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and all service interruptions caused by Cloudy24 and its employees.
Cloudy24 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Cloudy24 reserves the right to revise, amend, or change this TOS (Terms of Service) at any time and in any manner by posting such changes on our site. We encourage you to periodically check our site for changes to this TOS (Terms of Service) since your continued use of the Cloudy24 following any changes to this TOS (Terms of Service) will be deemed to constitute your acceptance of such change. The operative and effective version of this TOS (Terms of Service) will be the latest version available on the site.
If you have questions or concerns regarding this TOS (Terms of Service), you should contact us by email at legal@Cloudy24.com.