Please note that the company provide internet based services – web hosting, email, domain management and additional internet services. The company reserve the right to suspend or cancel a customers' access to any or all services provided when an account has been inappropriately used or otherwise.
We reserve the right to change our Terms and conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you are up to date with our terms and conditions.
These conditions apply to all of the Services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a director of the Company. Nothing in this condition will exclude or limit the Company’s liability for fraudulent misrepresentation.
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to The company. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. Using our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.
2. Accurate information
3. Fees and payment, term, renewal and termination:
3.1 As consideration for the Service(s), you agree to pay the applicable Service(s) fees set forth on our selling proposition at the time you request the Service. All fees are due immediately and are non-refundable as provisioning of your service commences immediately. Each domain name registration is for an initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive periods, as set forth during the renewal process. Where a domain name is given free with another service, e.g. web hosting, the domain is free of charge for the initial registration period only. Cloudonthcloud reserves the right to establish and review renewal prices at its own discretion.
3.2.1 All payments must be in Euro. If your cheque is returned by the bank as unpaid for any reason, or if your charge card declines you will be liable for an administration charge of €15.
3.2.2 All monthly packages must be paid by a recurring method of payment and as per agreed payment terms. Failure to do so will result in contact from our Collections Department and an admin fee of €15 will be incurred each time a letter is issued.
3.3 All charges payable by you for the Services shall be due and payable in advance of our service provision. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;
3.4 You agree to pay all value added taxes related to the Service(s) provided to you hereunder. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
3.5 In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid within 14 days of the due date may be suspended, cancelled or terminated, in our sole discretion, or, in the case of a domain name, transferred to us as the entity that has paid the applicable fee to the registry. After 21 days of the payment due date, we reserve the right to cancel the service and all data and uploaded by you.
3.6 All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at our sole discretion. We publish price changes on your invoice accessible through your control panel at least sixty (60) days before your package is renewed. If you do not agree to such price changes, please cancel your services in accordance with our standard procedure. If you do not cancel, you will be deemed to have accepted the new prices, and they will be charged to the credit card or other payment method registered to your account.
3.7 You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
3.8 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you;
3.9 If you allow us to register a domain on your own, all sales are final. No refunds can be issued once a domain name is registered. We may take all remedies available to collect fees owed.
Term of Service - Auto Renew
3.10 Unless otherwise specified, each service is for an monthly term, and unless otherwise specified at time of commencement of service, all services will incur an monthly fee. All services will renew automatically unless you opted out of the auto renew process. Auto renewal is a service offered by Cloudonthecloud to protect the customer, whereby products and services, except those subscribed to on a monthly basis, will by default be automatically renewed prior to expiration date. If you have opted out of auto renew it will be your responsibility to renew or cancel services that you no longer require at the appropriate time. A number of attempts will be made to process the automated renewal of customer products and services. Auto Renewal attempt one will take place 15 days prior to expiration date of a service. Should this attempt fail, a second attempt will take place 7 days prior to expiration. If this second attempt fails than a third attempt will take place 3 days prior to expiration. If this third attempt fails, then a final attempt will be made 1 day prior to expiration of your service. Should this attempt also fail, then the product must be renewed manually via the control panel or by calling our sales team.If your chosen payment method is not authorised by your credit card provider, bank or if you do not have a card assigned to auto renew, you hereby authorise us to seek payment from any other credit card or direct debit registered against your account at any of the uplift dates. If a service is set for automatic renewal and the default card has expired we reserve the right to attempt an uplift as the card may have been renewed.
Customers will have the option to opt out of the Auto renew service, however an additional € 2 fee will be added to all renewals administered manually. Additional payment terms will apply to certain services.
You are solely responsible for ensuring that your services are renewed and you are solely responsible for ensuring there is adequate funding for the services to be renewed. Cloudonthecloud reserve the right to charge a renewal price different to the price at registration. For all packages purchased for a monthly term there is a minimum contract length of 3 months from date of purchase.
3.11 Any renewal of your Services with us is subject to our then current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly basis or services set to auto renew, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least twenty (20) days in advance of the renewal date. In the case of domain name registrations, we will attempt to send this reminder by email to the registered name holder on file for the domain name registration. Additional payment terms apply to certain services, as set forth in this Agreement.
3.12 You are solely responsible for ensuring the Services are renewed. We shall have no liability to you or any third party in connection with the renewal or any attempt to renew the services as described herein, including, but not limited to, any failure or errors in renewing or attempting to renew the services.
The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.13 Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address or postal address provided by you for the registrant or administrative contact of your domain name, or such other email address as you may provide in connection with any Service purchased from Us. Terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through us shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Us, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by us from time to time.
3.14 We shall have the right to terminate this Agreement by notice in writing to the Customer if any of the following events occur.
3.15 Customer fails to make any payment when it becomes due to Us.
3.16 Customer is in beach of any of its obligations under this Agreement
3.17 A receiver or liquidator is appointed over the Customer or any of its assets
3.18 Customer enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
3.19 If the Client terminates this Agreement during the contract period other than because The company has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, the Client must pay us the applicable Charges for the remainder of the contract period.
3.20 Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if
3.20.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
3.20.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
3.20.3 the other fails to pay any Charges when due; or
3.20.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
3.20.4 the other party ceases to carry on its business or substantially the whole of its business; or
3.20.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
3.20.6 If the bandwidth used for traffic to and from the web site is exceeded beyond our considered acceptable and fair use and is deemed by Us to affect the performance of other Client Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, We will, in the event that the acceptable bandwidth is exceeded, charge the Client an additional monthly fee. Please see "Section 11,Bandwidth", which applies in addition to this clause.
3.20.7 If the storage or use of databases on shared webhosting is exceeded beyond our considered acceptable and fair use and is deemed by us to affect the performance of other Client Websites.
3.21 If any of the events detailed above occur as a result of our default, we may by giving notice to the Client, disconnect the Service or any part of it without prejudice to our right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
3.22 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
3.23 On termination of this Agreement for any reason: we shall have the right immediately to remove any Apparatus from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and we may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and Web-spaces. We shall not exercise this right for four weeks in the case of termination by us other than for breach by Client; and we shall transfer any domain names held by the Client to another ISP at the prevailing domain name transfer charge.
3.24 Consequences of Termination
3.24.1 Upon the termination of any Agreement for any reason whatsoever: the Client shall promptly return to us all copies of Software in his possession; and we may cease to host the Web Site or any service with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's Confidential Information) which it then has in its possession or control.
3.25.1 We may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without our written consent.
3.26 Suspension, Cancellation, Transfer or modification of service(s)
3.26.1 You acknowledge and agree that we may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in our sole discretion and without notice to you. You also acknowledge and agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, we may, in our sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by us, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by us, (d) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (e) if you use a domain name in connection with unlawful activity.
3.27 INTELLECTUAL PROPERTY RIGHTS:
3.27.1 You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name or content on your website;
3.28.1 You agree to defend, indemnify and hold harmless the company, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
3.28.2 You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
3.29 Limitation of liability:
3.29.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
3.29.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
3.29.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim;
3.29.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;
3.29.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;
3.30. Force Majure:
3.30.1 Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement and shall have no liability therefore.
3.31.1 Any notice to be given by you to us must be sent by email to us at the address appearing in this Agreement or ancillary application forms or such other email as we may from time to time have communicated to the you in writing; email sent shall be deemed to be served two days following the date of posting.
3.32.1 This Agreement shall be governed by and construed in accordance with the laws of Malta and you hereby submit to the non-exclusive jurisdiction of these courts.
3.32.2 A claim is defined as a legal proceeding raised against Cloudonthecloud Limited in accordance with the laws of Malta
3.33 Privacy: See page published on our website
3.33.1 Our privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, we have the right to terminate this agreement forthwith without notice to you. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
3.34.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
3.35 Entire Agreement
3.35.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
3.36 Disclaimer of Warranties
3.36.1 The services are provided to you on an "as is," as available basis. except for our statement regarding our accreditation as an icann-approved domain name registrar in section 1(a) of this agreement, the company limited makes no representations, warranties or guarantees of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or service guarantees, unless such representations and warranties are not legally excludable. you are responsible for maintaining and backing-up your data and information that may reside on the services. the company limited further disclaims any representation or warranty: (i) that the services will meet your specific requirements, (ii) that the services will be uninterrupted, timely, secure, or error-free, (iii) regarding any goods or services purchased or obtained through the services or any transactions entered into through the services, or (iv) that any errors in the services will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material. no oral or written advice or information given by us, its employees, licensees or the like will create a warranty or guaranty; nor may you rely on any such information or advice. without any limitation to the foregoing, we makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunise you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you.
3.37.1 You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in the Malta , the location of our principal place of business.
3.37.2 Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement void at our option. You agree not to resell any of the Services without our prior express written consent unless you have a reseller arrangement.
3.37.3 Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by us to any non-party to this Agreement.
3.37.4 The failure of the company to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the company as reflected in the original provision.
4.1 We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to You If You:
4.1.1 fail to pay any sums due to Us as they fall due.
4.1.2 break any of these terms and conditions.
4.2 Without prejudice to Our other rights and remedies, We may at Our sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
4.2.1 Notified or unscheduled upgrade or maintenance of Our IT systems.
4.2.2 Issue by any competent authority of an order which is binding on Us which affects the Services.
4.2.3 We deem at our sole discretion that the network or system resources used by You in relation to the Services warrants suspension to protect the services provided by Us to all or any of Our other customers.
4.4 On termination of this Agreement or suspension of the Services We shall be entitled immediately to stop access to You Server and to remove all data located on the Server.
5. Escalated Complaint Handling Process
We realise that sometimes things don’t go according to plan, despite training all our staff to ensure things run smoothly. So while we always aim to provide top quality service, we recognise that there may be times when things go wrong. All members of our staff will always do their very best to help, but there may be times when our customers need extra assistance to sort out certain issues.
We want to make this process as easy as possible for you and are committed to doing everything we can to resolve customer complaints. If you feel you need extra assistance, please email us at ‘customerescalations at easyspace.com’, and our customer services team will investigate and propose a solution, we will acknowledge your complaint within 1 working day. If you are not happy with the solution your case will be escalated to the Customer Services Manager.
6.1 We grant You a non-transferable, nonexclusive license to use the Software provided or contained in the Server, in object code form only, for You internal needs, solely on the Hardware provided, and in conjunction with the Services.
6.2 You agree that You will not:
6.2.1 Copy the Software.
6.2.2 Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
6.2.3 Sell, lease, license, transfer or sublicense the Software or the documentation.
6.2.4 Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
6.3 This Agreement transfers to You neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith.
6.4 Any third party software is supplied to the You on the basis of the relevant third party's license terms with which You agree to comply.
6.5 We will use Our reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to You. However, You are solely responsible for virus scanning the Software and We give no warranty that the Software will be free from viruses.
6.6 You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.
7. Support and Mangement Services
7.1 We will install the Software requested by you onto the Hardware in our standard configuration free of additional charge.
7.2 We will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when We are made aware of a security vulnerability in Software installed as standard which We deem a threat considering the intended use of the Services for web site hosting, however We do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
7.3 We are not obliged to install onto the Server any additional software for You or modify the configuration of existing software from its default. You acknowledge that should We agree to do so, a charge may be made to cover employee time.
7.4 We provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
7.5 We do not provide technical support for your customers.
7.6 Our obligation to provide support and management services will not extend to:
7.6.1 Software or systems not installed as standard by us.
7.6.2 Software or systems configured or modified by you other than through the provided web based control panel.
7.6.3 Correction of faults arising from your failure to comply with instructions or recommendations provided by us directly or through documentation and manuals.
7.6.4 Rectification of lost or corrupted data.
7.7 We may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the You. We will endeavour to give You reasonable notice of any such modification, where this is reasonably practicable.
8. Use of services
8.1 You shall keep secure any identification, password and other confidential information relating to Your account or the Services and shall notify Us immediately of any known or suspected unauthorised use of the Services or breach of security, including but not limited to loss, theft or unauthorised disclosure of Your password or other security information.
8.2 You shall observe the procedures which We may from time to time prescribe and shall make no use of the Services which is detrimental to Our other customers.
8.3 In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
8.4 You are solely responsible for the content of any postings, data or transmissions using the Services or any other use of the Services by You or by any person or entity.
8.5 You represent, undertake and warrant to Us that neither You or any person or entity will use the Services for illegal, disruptive or objectionable purposes. In particular, You represent, warrant and undertake to Us that.
8.5.1 You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.
8.5.2 You will not upload, post, link to or transmit:
188.8.131.52 any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
184.108.40.206 any material containing a virus or other hostile computer program.
220.127.116.11 any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
8.5.3 All email sent using the Services, or which refers to content hosted on the Services will be in accordance with applicable legislation (including data protection and electronic communications legislation).
8.5.4 You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one's network identity.
8.5.5 You will not use the Services to make or attempt to make unauthorised entry to any other machine accessible location, via the network.
8.5.6 You will not use the Services to host an Internet Relay Chat (IRC) server or bot that is part of or connected to another IRC network or server.
8.6 If We have reasonable grounds to believe that You are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, We may immediately, without prior notice to You:
8.6.1 Suspend the Services.
8.6.2 Terminate this Agreement.
8.6.3 Amend, remove from the Server or prevent access to the offending material or content.
8.7 You shall defend, indemnify and hold harmless Us from and against all liabilities and costs (including reasonable solicitor's fees and litigation expenses) from any and all claims by any entity arising out of Your use of the Services, including those without consent.
9 Currencies of services
9.1. Cloudonthecloud is a Maltese based company and as such, the majority of charges / payments will be taken in EURO, with the exception of the initial transaction. Initial transaction will be taken based on user's chosen currency.
9.2. Recurring payments will be taken in Euro, regardless of the currency of initial transaction. Recurring payments will include monthly instalments and annual package renewals.
10. Network connectivity
10.1 Whilst every effort is made to guarantee the bandwidth there may be downtime incurred. You accept that this may occur and there is no liability on Us.
10.2 Any access to other networks through the Services must comply with the rules appropriate for those other networks.
10.3 We may assign to the Server on a temporary basis a number of Internet Protocol Addresses ("IP Addresses") from the address space assigned to Us by the RIPE. You acknowledge that the IP Addresses are the sole property of The company, and are assigned to You as part of the Services, and agree that You will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
10.4 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services.
11. Bandwidth & Fair Use:
11.2 Extra Bandwidth package Cloudonthecloud offer a range of cost effective bandwidth packages for customers who e are seen to abuse the fair usage policy:
11.2.1 Additional Bandwidth packages are purchased for a rolling monthly period unless otherwise stated.
11.3 Our Fair Usage policy is up front, which lets face it - is fair! - the allowances are fair! and the way we work out bandwidth abuse is also fair, we will not penalise users who for whatever reasons happen to go outside our guidelines every now and then- this usage policy is for PERSISTENT abusers only, which once again we think is - yes you guessed it - fair !
Our Fair Usage policy is dependent on the service selected. As a guide we consider reasonable usage to be:
Shared Webhosting - 10 - 250 Gb of bandwidth suitable for a website that receives 5 million hits
Virtual Servers - 1TB bandwidth per month
Dedicated Servers 5TB of bandwidth per month
11.4 – Acceptable (or fair) Use Policy (AUP) Webhosting specific terms
We introduced unlimited databases and web-space on the hosting package.
Hosting web-space will not be used for file storage.
We do not allow the mass storage of media files such as video or MP3
All files uploaded to a domain on our servers must be visible and accessible by an end-user visiting the domain name.
We reserve the right to remove files which do not comply with these rules.
We expect that any databases are maintained.
Any dormant databases may be removed at any time.
Any databases that may be receiving spam will be removed without notice.
Any customer found to be creating databases for no explainable reason will have their account suspended and databases removed.
Cloudonthecloud reserves the right to cancel the customers service if the above Acceptable Usage Conditions are breached.
This Fair Usage policy is applicable to all of our web hosting products.
12. Service Availability
12.1 Our services are subject to scheduled and unscheduled outages which will impact your ability to use our services. We will use commercially reasonable efforts to restore the service after any unscheduled outages.
12.2 We shall not, in any event, be liable for interruptions of Service or down-time of the Server; System Performance Degradation
12.3 The company Limited depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to The company customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, The company reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or travelling to the identified sources of the high volume traffic. The company Limited will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. The company further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
12.4 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason;
12.5 The Services provided to you hereunder and your account with us can only be transferred or used by anyone other than you if we agree with the transfer and at our sole discretion. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.