This policy represents the CloudWafer.com Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with CloudWafer.com. CloudWafer.com reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.
Customers may view the most current version of this policy at: https://my.cloudwafer.com/page/terms-of-service/
Customers using any services offered by CloudWafer.com consent to be bound by and must comply with all policies in this TOS. At the sole discretion of CloudWafer.com, any violators of this TOS may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for CloudWafer.com maintaining one or more accounts (each “Account”), you agree to the following terms of service.
“We” “Us” or “Provider” or “CloudWafer.com”
“You” “Your” “Client” “Customer” or “Member.”
Each person or entity that applies for internet service or is a designate of any one who applies for internet service.
PROVISION OF SERVICES
For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows:
IN CONSIDERATION of the mutual promises and conditions set forth below, the parties do hereby covenant and agree as follows:
- The Provider agrees to host Customer’s web site on the Provider’s server, subject to and based upon the terms and conditions set forth in this Terms of Service (“TOS”).
- Customer’s web site will reside within its own domain and shall have a URL address based upon that domain, such as www.xyz.com. Said domain and URL shall be and remain the property of the Customer or other domain name granting authority (as the case may be), and Customer’s sole right with respect there to shall be to use the name for the duration and upon the terms and conditions stated in this Agreement.
- Provider’s responsibility with respect to Customer’s web site is strictly limited to the provision of storage capacity for web sites on Provider’s server.
- Customer is solely responsible for the content of his or her web site; provided, however, that Customer hereby agrees that Customer will not, directly or indirectly, by its web site send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.
- Customer will comply with all provincial, federal and local laws (including, but not limited to export/import laws and laws relating to obscenity, copyright, trade mark, trade secret, libel, slander and defamation). IT IS CUSTOMER’S SOLE RESPONSIBILITY TO BECOME FAMILIAR WITH AND TO COMPLY WITH ALL LAWS THAT MIGHT RELATE TO CUSTOMER’S WEB PAGE.
- Customer will pay to Provider the service fee upon receipt of invoice based on the billing cycle for all services provided. Provider will also collect from Customer all federal, state and/or local excise taxes, if any, attributable to Customer’s acquisition of our services.
- Customer acknowledges and agrees that Provider will incur no liability for any claim, whether sounding in contract, tort, warranty, strict liability, product liability or any other theory of recovery (including negligence but excepting only intentional malfeasance) relating in any manner to Customer’s web page.
- Customer will indemnify and hold Provider harmless from and against all claims, damages, costs (including costs of defense) from any source or for any reason relating directly or indirectly to Customer’s web site.
- Customer hereby represents and warrants that he or she is eighteen years of age or older, and is under no disability that would render him or her unable to enter into, be fully bound by and fully perform in accordance with the provisions of this Agreement.
CloudWafer offers its clients a 99.9% Network Uptime Guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. CloudWafer will try to maintain maximum uptime. CloudWafer is not responsible for any downtime caused directly or indirectly by the client.
In the rare event that CloudWafer does not achieve our advertised 99.9% uptime for any given month, we will begin refunding 5% of your monthly bill for each half hour of downtime below 99.9%.
Scheduled server maintenance, resulting in downtime, and/or scheduled network maintenance, resulting in downtime, are not covered by the SLA. To redeem SLA credit you must contact us in writing within 10 days of the end of the month, send any SLA correspondence to [email protected]. If you have an uptime monitoring report from a credible third party monitoring site, please include it with your e-mail. If you do not have a report, we will utilize our own third party monitoring reports to determine credit eligibility.
The CloudWafer.com will perform domain name search and registration services for the Client as provided in and subject to the terms and conditions of this Agreement.
CloudWafer acknowledges and agrees that the CloudWafer shall not own any right, title or interest in and to any registered domain name pursuant to this Agreement and that the domain name registered for Client shall be owned by the Client and not by the CloudWafer. Client acknowledges that this agreement can only be made as between the potential rights of Client and CloudWafer and that CloudWafer cannot represent that a third party will not have or claim right in and to any domain name that is registered under the terms of this Agreement.
The Client represents and warrants to the CloudWafer that the names provided on any preference list shall not infringe upon the trademarks or other proprietary rights of any other party and that the Client is the bona fide owner of all proprietary rights associated with each such name. Client acknowledges that CloudWafer has informed Client that a comprehensive common law trademark search should be performed prior to selecting any domain name for registration to determine whether such name could infringe upon the proprietary or trademark rights of any third party.
The Client hereby represents, warrants and agrees that it has had a trademark search performed with respect to such name and that Client assumes any and all responsibility or liability that may arise from the registration and/or use of any domain name registered. Client shall indemnify and hold CloudWafer harmless from and against any assertion of potential proprietary rights by any third party, including but not limited to attorney fees in addressing any such situation. Notwithstanding the above, CloudWafer does not assume any responsibility for addressing any claimed infringement that may arise from the registration or use of any domain name that is registered.
Client shall be responsible for renewing any domain name registered hereunder. Expired domains are available for renewals within 20-30days upon expiry. Client understands that if not renewed, an expired domain goes into redemption after the renewal window and may be deleted back into the registry afterwards. CloudWafer will not be responsible for any domain loss due to late or ignored renwal.
PAYMENT FOR SERVICES
- Provider to issue invoice 5-10 days before payment is due.
- Customer will pay for services provided monthly, quarterly, semi-annually or annually as the case may be.
- All invoices are to be paid on or before the due date specified on the invoice.
- You will be charged for instances in a stopped or suspended state because we continue to reserve dedicated system resources (RAM, SSD storage, IP, CPU) and therefore incur charges until you destroy the instance. If you wish to no longer accumulate charges for a virtual machine, please cancel the server in the customer portal.
Customer shall make full payment for services on or before the due date on the invoice. At seven days past due, the account will be locked. Locked accounts will be unlocked only upon receipt of all payments due. In some cases, late payment fees may apply.
CloudWafer will provide live telephone support to Customer 24 hours a day, 7 days a week by a trained CloudWafer in customer support representative.
WARRANTIES BY PROVIDER
Provider represents and warrants to Customer that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal law. However, Customer will not determine or exercise control as to general procedures or formats necessary to have these services meet Customer’s satisfaction.