'Cloudean' agrees to provide services to the Subscriber, subject to the following Terms of Service.
Term & Jurisdiction
The initial term of this agreement shall begin on the date that 'cloudean' generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless 'cloudean' or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable.
The Terms of Service and the relationship between you and 'cloudean' shall be governed by the laws of the India, without regard to its conﬂict of law provisions. You and 'cloudean' agree to submit to the personal and exclusive jurisdiction of the courts located in India.
In order to use 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 solely responsible for all content and Data within your account.
Acceptable Use of Network and System Resources
Deployed cloud servers include a set amount of data transfer, based on a generous 2TB of outbound transfer per month, per GB RAM allocated to your server for most locations, and 1TB outbound transfer for Premium Locations. Maximum / Peak usage is 5Mbps per GB RAM allocated to your server for most locations and 2Mbps per GB RAM for Premium Locations.
Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of 'cloudean'.
Premium locations: Jakarta, Indonesia; Sydney, Australia; Singapore and Hong Kong, China.
Spam and UCE
'Cloudean' has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to 'cloudean' may not use or permit others to use our network to transact in spam messages. Subscribers to 'cloudean' may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of our SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, 'cloudean' may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, we reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. we will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in immediate termination of your account.
We reserve the right to charge up to a total of $1900 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
Our Subscriber are solely responsible for the use of their hosting account at all times.
Threatening, abusive, harassing, defamatory statements. Promotion of illegal activities (info on hacking, cracking etc).
Information, instructions, links, etc containing malicious code. Solicitation or sale of any harmful/illegal products or service.
Hate speech or hate propaganda. Scripts or systems that cause server performance issues.
Misrepresentation of member’s identity, or impersonation.
Collection of personal information for illegal purposes and without users permission.
Content that is deemed by 'cloudean', in its sole discretion, to be harmful to 'cloudean'.
'Cloudean' does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior.
Subscriber agrees to indemnify and hold harmless 'cloudean', cloudean’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
Disclaimer of Warranties
'Cloudean' does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. to the extent permitted by applicable law we disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. to the extent permitted by applicable law, all services are provided on an ‘as is’ basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of 'cloudean' and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Law Enforcement Information
The 'cloudean' terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of An India Police Service(Police of India) who makes a written request, without further consent or notification to the Subscriber. In addition 'cloudean' shall have the right to terminate all service set forth in this Agreement.
'Cloudean' provides a 100% Uptime Guarantee on all CLOUDEAN Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a our unscheduled hardware failure, or an unscheduled failure of the our network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the 'cloudean' network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud.
Support & Services
'cloudean' provides comprehensive 24*7*365 technical support to all subscribers via Live Chat (for basic issues) and our Ticketing System (available via Email and GUI). Some general guidelines and terms are:
'cloudean' supports fully any issue related to the 'cloudean' server physically functioning.
'Cloudean' does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue.
'Cloudean' does not provide technical support to your customers or users.
The use of all our services is at your own risk.
'cloudean' Snapshots and backups are not guaranteed in any way.
You agree to take full responsibility for all files and data in your account.
You agree to maintain an appropriate backup of files and data stored on the our clouds
Invoicing and Payment
You agree that 'cloudean' 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 on invoicing.
Any payments not made within 15 days of due date will have the associated service suspended without further notice.
Any suspended service will be terminated and destroyed after 15 days suspended without further notice.
Accounts not collected by 'cloudean' will be turned over to an outside collection agency for collection.
Subscribers are aware that we may prospectively change the specified rates and charges from time to time.
Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by us.
'cloudean' provides the option to pay natively in USD to help Subscribers avoid currency ﬂuctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
Up and Downgrading service within your billing cycle will result in Pro-Rata credits and charges on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
Suspension and Cancellation
We reserve the right to suspend network access to any Subscriber if, in the sole judgement of 'cloudean', the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which 'cloudean' chooses. We will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
Subscribers may cancel service at any time by email to support[at]cloudean[dot]com from an authorised contact. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.
You agree that 'cloudean' may provide you with notices, including those relating to changes to the Terms of Service by email and /or postings on 'cloudean' systems and services.