Terms of Service Last Modified – 09/12/2023
All users of Cloudzy's services, and all customers upon signing up for Cloudzy's services, agree to comply with Cloudzy’s Terms of Service (TOS). The spirit of this TOS is to ensure customers are using Cloudzy's services with due regard to the rights of other Internet users and in conformity with the requirements of Cloudzy's network environment. The TOS are not exhaustive, and Cloudzy reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either posting the modified TOS to www.Cloudzy.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS must be sent to [email protected]. The TOS supersedes any other agreement with Cloudzy, whether written, oral, by conduct, or otherwise.
The following Terms of Service apply to ALL Cloudzy customers. Cloudzy services include, but are not limited to:
Any registration with a fake identity, multiple account creation, or attempt to bypass our security measures is prohibited and results in the suspension/termination of your account. Should you require multiple accounts under different names with the same owner, contact us immediately to acquire the necessary permissions.
Ownership of Virtual Machines', description: 'The legal owner of customers’ VMs, websites, and accounts with Cloudzy will be the individual or organization whose name is listed in Cloudzy's database as the account owner. Customers will fully cooperate with and abide by any and all of Cloudzy's security measures and procedures in the event of any dispute over ownership of customers’ websites and accounts with Cloudzy. Re-sell, rent, lend, lease, distribute, or share the Service (including on a “service bureau” basis), or otherwise provide third parties with access or grant third parties rights to the Service.
Cloudzy customers agree to protect, defend, hold harmless, and indemnify Cloudzy, any third-party entity related to Cloudzy (including, without limitation, third-party vendors), and Cloudzy's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Cloudzy, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any form the customer’s use of Cloudzy's services.
The Cloudzy service is provided on an as-is, as-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Cloudzy expressly disclaims any representation or warranty that the Cloudzy service will be error-free, secure, or uninterrupted. No oral advice or written information given by Cloudzy, its employees, licensors, or the like, will create a warranty; nor may you rely on any such information or advice. Cloudzy and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
If a customer becomes insolvent or any bankruptcy petition is filed by the customer or any third party against the customer, Cloudzy may immediately terminate the provision of Cloudzy's services to the customer without prior notice or penalty. Such a customer consents to the grant of relief from any automatic stay of proceedings against Cloudzy in such an event. Limitation of liability to the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Cloudzy(including, without limitation, cloudzy’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co- subsidiaries with the same parent company as cloudzy, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing cloudzy’s services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expense increase, costs of substitute products and/or cloudzy services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any cloudzy services even if cloudzy has been advised of the possibility of such damage.Cloudzy’s total cumulative liability, if any, to the customer, or any third party, for any and all damages, related to the TOS or cloudzy’s services, including, without limitation, those from any negligence, any act or omission by cloudzy or cloudzy’s representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3 - month period prior to the date the damage or loss occurred or the cause of action arose.
Cloudzy may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Cloudzy's services. Certain changes to Cloudzy's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Cloudzy is not liable, for any and all such personalized applications and content, except as expressly agreed to by Cloudzy.
Except where Cloudzy has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Cloudzy is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Cloudzy services.
Cloudzy makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, co-branded, from or by third-party entities. However, Cloudzy makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Cloudzy specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Cloudzy liable in any way for the revocation of any license, which has been licensed to Cloudzy. The use of the Technologies obtained from or through Cloudzy, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Cloudzy products by Cloudzy, its employees, or any third-party entity related to Cloudzy is for information purposes only and does not constitute an endorsement or recommendation by Cloudzy. Cloudzy disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Cloudzy products or services.
Customers will not, without Cloudzy's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Cloudzy's website, and customers will not use any of Cloudzy's trademarks, service marks, copyrighted materials, or other intellectual property without Cloudzy's express written consent. Customers will not, in any way, misrepresent their relationship with Cloudzy, attempt to pass themselves off as Cloudzy, or claim that customers are Cloudzy.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Cloudzy's services, either in whole or in part, without the prior written consent of Cloudzy. Cloudzy customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a Cloudzy customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Cloudzy services, and such primary liability will continue even when the Minor has attained the age of 18 unless the parent or guardian obtains Cloudzy's express written consent to the contrary. Any acceptance of the TOS or any other agreement for Cloudzy's services will be deemed null and void to the extent that Cloudzy will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Cloudzy's services.
The TOS, and any other agreement for Cloudzy services, will be governed by and construed in accordance with the laws of the State of Oregon, USA, without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Cloudzy will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Cloudzy agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Cloudzy will not be liable for delays in its performance of the TOS or Cloudzy services caused by circumstances beyond Cloudzy's reasonable control, including natural causes, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Cloudzy will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Cloudzy services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Cloudzy.
Nothing in this agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Cloudzy and its customers. Each of Cloudzy and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
All Cloudzy users must adhere to Cloudzy’s Acceptable Use Policies. The policies include, but are not limited to:
Our handling of personal information is outlined in the Privacy Policy. By using our services, you consent to the data practices described therein.
The failure of a customer to meet or follow any of the TOS is grounds for account deactivation. Cloudzy will be the sole arbiter as to what constitutes a violation of the TOS. Cloudzy reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Cloudzy becomes aware of an alleged violation of its TOS, Cloudzy will initiate an investigation. During the investigation, Cloudzy may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Cloudzy may, at its sole discretion, restrict, suspend, or terminate a customer account and/or pursue other civil remedies. If such a violation is a criminal offense, Cloudzy will notify the appropriate law enforcement authorities of such a violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Cloudzy does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Cloudzy.
The following Terms of Service constitute Cloudzy's Billing Policy and apply to ALL Cloudzy customers:
All charges are shown in US Dollars and Euros. Payments are to be made in US dollars and Euros. Cloudzy accepts Credit Card, Paypal, and CryptoCurrency. Accounts that are one (1) day past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees. Billing Cycles (Terms): Cloudzy offers six Billing Cycles/policies (terms) for hosting charges: Monthly, Quarterly (3 months), Semi-Annually (6 months), Annually (12 months), Biennially (24 months) cycles, and Pay as You Go method.
The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the starting time of the next plan renewal. All additional features added to an account are charged similarly to the chosen plan.
In Cloudzy’s Pay as You Go method, users are charged based on their instance's lifetime instead of a billing cycle. Cloudzy’s PAYG is based on a pre-paid method in which users must add credit to their account which would be charged while the Instance is active.
We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment and late payment upon invoicing. Some of these conditions are from the following: Cloud Services:
In order to ensure uninterrupted service to your website, all subscription-based plans will automatically renew fourteen (14) days before the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Make sure you will renew the subscription-based service and/or charge your PAYG account before passing seven (7) days after the service’s due date or negative user balance in the PAYG method, so you can keep using the service for the next billing cycle or PAYG Credit lifetime. Otherwise, the service will be automatically terminated if you renew it after passing seven (7) days after the service’s due date. The termination process will be done by the platform automatically. This is a permanent action and we do not store any backups of terminated services due to the user’s privacy.
In order to cancel services, you must use the “Cancel Account” from your account. Please be aware that there are no refunds after the 7 days after the beginning of your Billing Cycle. Cancellation requests must be received by Cloudzy a minimum of fourteen (14) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in the automatic renewal of your hosting plans. Cancellations become effective on the day processed by Cloudzy. Cloudzy is unable to cancel your account effective for a future date. Cloudzy will confirm the cancellation request when it is processed. If you do not receive a cancellation confirmation, please contact Cloudzy as soon as possible. Cloudzy does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, InterNIC, your ISP, or any other secondary issues not directly related to Cloudzy's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Cloudzy Networks reserves the right to cancel any account, at any time, without notice, for any reason Cloudzy Networks considers appropriate.
Cloudzy does not mail paper invoices or statements. Statements can be viewed and printed through Cloudzy's Member Area. Customers may elect to receive their monthly account billing statement via email. This option may be selected in the Member’s Area.
If you are not satisfied with your service, you can get a full refund or exchange the service, within the first several days of your subscription. This includes 7 days after starting the billing cycle on monthly plans or 14 days after your first payment on the new account in Cloudzy Cloud Panel in the PAYG method. The following terms will be applicable as our refund policies for unsatisfied customers:
Cloudzy's policies and prices are subject to change without notice. Any price changes applied will be effective in the next billing cycle/next monthly PAYG invoice
Cloudzy offers an affiliate program based on honesty and promoting our services to valuable visitors. You are not allowed to promote it for illegal/criminal uses, fake advertising (fake details to get the visitors clicking on it), or place it on coupon websites. We do have the right, at any time, to ask you to provide the exact details on how you promote our services, and we have the right to decline your request.
If you have any questions or concerns regarding these Terms of Service, please contact us [email protected].
By participating in the Sunrise program, Cloudzy startup program ("Program") offered by ROUTERHOSTING LTD, you agree to comply with these Terms of Service. These terms govern your participation in the Program and outline the rights and responsibilities of both parties.
To be eligible for the Program, your startup must meet the criteria outlined on the Program page. Also, your startup must not be engaged in any business that directly competes with ROUTERHOSTING LTD.
The infrastructure credits (up to $8000 cloud VPS credit to use over first year), promotion (30% rebate for cloud VPS purchase over second year), DevOps development (free 24-hour DevOps consulting services over first year), and free 24/7/365 business level customer support will be made available at the sole discretion of ROUTERHOSTING LTD to startups. This support will be valid for one year from the date of issuance, expiring thereafter. The $8,000 cloud VPS credit provided in the first year and a 30% rebate for cloud VPS purchases over the second year are subject to a monthly distribution, and any unused credit for a particular month cannot be carried over to the next month. ROUTERHOSTING LTD reserves the right to adjust the terms of the Supports, including the amount and distribution, at its sole discretion.
By participating in the Program, you grant ROUTERHOSTING LTD the right to create case studies and use your startup's name and logo for marketing and promotional activities related to the Program. Any such use will be subject to your prior approval.
ROUTERHOSTING LTD reserves the sole and absolute right to make decisions regarding acceptance into the Program, allocation of resources, and any related matters. These decisions will be final and binding.
ROUTERHOSTING LTD strictly prohibits any form of abuse or fraudulent activity related to the Program, including but not limited to creating duplicate accounts to obtain additional benefits. Any violation of these terms may result in the immediate termination of your participation in the Program, forfeiture of benefits, and potential legal action.
ROUTERHOSTING LTD reserves the right to modify these Terms of Service at any time. Any changes will be communicated to participants through the provided contact information.
ROUTERHOSTING LTD may terminate your participation in the Program at its discretion, with or without cause, and with or without notice.
By participating in the Program, you agree to the privacy and data usage policies of ROUTERHOSTING LTD as outlined in its Privacy Policy.
If you have any questions or concerns regarding these Terms of Service or the Program, please contact [email protected].