Terms of Service Agreement
Terms of Services
All services provided by Cloud9 Computing ("Cloud9 Computing") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Cloud9 Computing L.L.C from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Cloud9 Computing' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Cloud9 Computing WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Refusal of Service
All sub-networks, distributive hosting sites and dedicated servers of Cloud9 Computing must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Cloud9 Computing by no later than the specified payment due date. Cloud9 Computing shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Money back guarantee & refund policy
Refusal of Service
Limitation of Liability
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Cloud9 Computing reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Cloud9 Computing has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: firstname.lastname@example.org
Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, Cloud9 Computing offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Cloud9 Computing respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Cloud9 Computing reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Cloud9 Computing has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Cloud9 Computing' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Cloud9 Computing cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Cloud9 Computing cannot monitor or censor the Internet, and will not attempt to do so, Cloud9 Computing cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Cloud9 Computing does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Cloud9 Computing' network and may reach a large number of people, including both subscribers and non-subscribers of Cloud9 Computing, subscribers' postings to the Internet may affect other subscribers and may affect Cloud9 Computing' goodwill, business, reputation or operations. For these reasons, subscribers violate Cloud9 Computing policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Obscene Speech or Materials:
Defamatory or Abusive Language:
Forging of Headers:
Illegal or Unauthorized Access to Other Computers or Networks:
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Facilitation a Violation of this AUP:
Export Control Violations:
Other Illegal Activities:
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Cloud9 Computing will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Cloud9 Computing' policy or applicable law. However, when Cloud9 Computing becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Cloud9 Computing.
Cloud9 Computing is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Cloud9 Computing' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Cloud9 Computing does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Cloud9 Computing reserves the right to directly take action against a customer of its subscribers. Also, Cloud9 Computing may take action against the Cloud9 Computing' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Cloud9 Computing anticipates that subscribers who offer Internet services will cooperate with Cloud9 Computing in any corrective or preventive action that Cloud9 Computing deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Cloud9 Computing policy.
Cloud9 Computing will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Cloud9 Computing may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Cloud9 Computing may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Cloud9 Computing assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Cloud9 Computing may disclose subscriber information or information transmitted over its network where necessary to protect Cloud9 Computing and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Cloud9 Computing will never sell information to other services or outside companies.
Cloud9 Computing expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Cloud9 Computing policy. Finally, Cloud9 Computing wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Cloud9 Computing for any violation of the Service Agreement, law or Cloud9 Computing policy resulting in loss to Cloud9 Computing or the bringing of any claim against Cloud9 Computing by any third party. This means that, if Cloud9 Computing is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Cloud9 Computing, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Cloud9 Computing and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.
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