- By registering for or using our Services, you represent and affirm that:
- You have an age of 18 (eighteen) years or ore. Our Services are purposed strictly for the Users who are of eighteen years or older. Therefore, any registration, access to or use of the Services, by anyone under 18 will be considered as the violation of this Agreement.
- If you’re using our Services in place of a 3rd party, you content that you are allowed to obligate such other party to those terms and to act on that party’s stead concerning any actions you take in reference to the Services.
- Being the user, you are held responsible for the provision of accurate, updated, and complete details on our registration forms. In case of an issue or need to contact you, we can freely use the primary email address that you have provided us previously. You are accountable to ensure that the contact details for your account, which includes the domain account is correct, exact& up-to-date at all times. Cloud Macways is not accountable for any lapse in our Services, including without limitation, any failed domain registrations because of outdated contact information being linked to the domain. If you want to verify or change your contact information, kindly contact our sales team via phone or email. Providing fake contact information of any sort may cause an abort of your account. For the dedicated server purchases or in certain other cases, CLoudMacways may ask you to provide the Company with your government issued identification and may be you are required to get your credit card scanned for verification, or otherwise your order may get rejected.
- You assure to be completely liable for every activity and use of the account assigned to you. You also take responsibility for maintaining the privacy and confidentiality of your password together with other information that in related to the security of your account.
With the exception of User Content, all content available on your website using our Services, whether designs, graphics, images, video, text, information, audio, software or other files, used to offer the Services (or on the whole,'Cloud Macways Content'), are our proprietary property. This Content may not be copied, modified, distributed, framed, reproduced, republished, scraped, displayed, posted, downloaded, transmitted, sold or exploited for the purpose of any sort by any means or in any form, wholly or partially, other than as expressly allowed in this Agreement. You are not permitted to, directly or indirectly, overturn engineer, decompile, disassemble or else attempt to derive source code from any Cloud Macways Content. Any use of our Content, except as specifically authorized herein, is forbidden and will automatically abort your rights to use our Services and any CloudMacways Content. All rights to use Cloud Macways Content that are not specifically granted in this set of terms are reserved by Cloud Macways and Cloud Macways’s licensors.
You, users are not allowed to upload, store, publish, display& distribute information, text, photos, videos as well as other content on or by our Services (collectively,“User Content”). This Content includes any content published by you or by other users using your websites hosted by the Services. You are solely accountable for any& all User Content and any sort of transactions or activities conducted on or by User Web sites. By posting or disseminating User Content on or by the Services, you represent and assure to CloudMacways that (i) you hold all the necessary rights to publish or distribute such User Content,& (ii) your distribution or posting of such User Content do not violate or infringe the rights of any 3rd party.
CloudMacways exercises no control over, and warrants no responsibility for, the User Content or any information passing through CloudMacways's computers, network hubs& points of presence or the World Wide Web. CloudMacways does not monitor the User Content. However, you admit and agree that CloudMacways may immediately take any restorative action in CloudMacways’s sole discretion, which includes, without confining removal of all or a part of the User Content, and suspend or terminate any or all Services without refund when you violate these terms. You hereby agree that CloudMacways shall have no liability because of any corrective action that CloudMacways may take.
Third Party Products and Services
A. Third Party Providers
CloudMacways does not make any warranties or representations concerning, and is not legally responsible for, the quality, availability, or durability of goods or services that are provided by the third party provider. You guarantee all transactions with these providers at your own risk. The company, CloudMacways, does not warrant the completeness or accuracy of any information about third party providers. CloudMacways is not the representative, trustee, agent or fiduciary of you or any third party provider in any sort of transaction.
B. CloudMacways as Licensor or Reseller
CloudMacways may serve as a licensor or reseller of some specific third party services, hardware, software or equipment used as for the Services ( or'Non-CloudMacways Products'). CloudMacways can not be held accountable for for any sort of changes in the Services that may cause any Non-CloudMacways Products to turn obsolete, require modification or adjustment, or else impact the performance of the Services. Malfunction or manufacturer's defects of the Non-CloudMacways Products, either sold, certified or offered by CloudMacways to you will not be considered as a breach of CloudMacways's responsibilities under this Agreement. Any remedies or rights you may hold regarding the ownership, licensing, performance or conformity to any Non-CloudMacways Product are confined to those rights brought to you by the manufacturer of that Non-CloudMacways Product. You’re permitted to use any Non-CloudMacways Product provided by CloudMacways only concerning your usage of the Services as allowed under this Agreement. You shall not make any attempts to copy, alter, or reverse engineer with such Non-CloudMacways Product or using it other than connecting the Services. You shall not transfer, resell, export or re-export any Non-CloudMacways Product, or any technical information that is derived thereof, in infringement of any applicable law, rules and regulations.
C. Third Party Websites
The Services may have links to other websites outside the ownership or control of CloudMacways ('Third Party Sites'), along with the articles, picture, wordings, audio, video, graphics, designs, data, and other content or products belonging to or initiating from the ends of third parties ('Third Party Content'). The Company cannot be blamed for the action of Third Party Sites or the Content accessed through the Services. These Third Party Sites and Content are not enquired, supervised or checked for accuracy, suitability, or completeness by us. While accessing Third Party Sites or Content, you are responsible for the risk and you should understand that our terms and policies are no longer governed. You should review the usage of third party’s terms and policies, which includes privacy and data gathering exercises of any website, you navigate to.
D. Account Security
Any sort of user account that is seems to be endangered may be disabled and/or aborted. We may notify you to clean your account because of a current problem, even then if you do not take any step, we reserve the right to disable your account. Upon your request, CloudMacways may do the cleanup on your behalf for an additional fee.
CloudMacways holds the right to transfer your account from a data center to another following the valid data center policies, local laws or for technical or other grounds without notice.
Compatibility with our Services
You accept to cooperate fully with CloudMacways concerning our provision of the Services. It’s purely your responsibility to provide any software or equipment that may be essential for your usage of the Services. In so far that the execution of any of our obligations subject to this Agreement may contingent upon your execution of your obligations, CloudMacways cannot hold accountable for any delays because of your failure to execute your obligations timely.
You are solely accountable for assuring that all User Content Websites are compatible with the software and hardware used by CloudMacways to render the Services, which may be modified by CloudMacways now and again in our sole discretion.
You’re exclusively responsible for backing-up all the User Content, including but not confined to, any User Websites. CloudMacways does not guarantee that we back-up the User Content, and you assent to accept the endangerment of loss of any& all User Content.
Billing and Payment Information
You are responsible to assure that your payment information is updated, and that all bills are paid on time. You consent to pay for the Services ahead of the time period throughout which such Services are rendered. Depending on the rules and regulations or/ and laws that are applicable, we will start applying the payments that are obtained from the first prominent invoice to your billing account.
If not otherwise provided, you accept that until and unless you inform CloudMacways of your inclination to abort the Services, you will be charged on a reoccurring basis so as to prevent any disruption to the Services provided to you, using your credit card or any other billing information registered in our records.
Specified fees for the Services exclude any applicable sales, use, excise, revenue or other taxes enforced by any taxing authority. Other applicable taxes will be included to CloudMacways's invoice as an additional charge to be paid by the client. All fees are (not in any case) refundable when paid unless otherwise expressed.
D. Late Payment
All invoices are supposed to be paid within initial ten (10) days of the due date of invoice. Any invoice that is undischarged for more than ten days may cause the termination or suspension of Services. You can noe be able to re-access your account until and unless the payment has been received. Failing to pay the fees as specified herein, we have the right to suspend or terminate your account& pursue the collection costs received by CloudMacways, which includes the payments that are with no limitation, arbitration and legal fees, and reasonable attorneys' fees. CloudMacways will not activate new packages or activate new orders for customers who have an undischarged balance on their account.
You can reclaim on the dedicated servers and if you are unable to make payment on specified time then we hold the rights to delete all the content. Any delay in making payments will not automatically cause your account to get reactivated, for this you must contact CloudMacways directly after making a late payment to reactivate your dedicated server.
E. Invoice Disputes
You are provided with ninety (90) days' time to question any payment or charge processed by CloudMacways.
Misuse or fraudulently use credit cards, electronic funds transfers, electronic checks, charge cards, or any other payment method is deemed as the violation of this Agreement from your side. CloudMacways may report any such fraudulent use or misuse, as determined in CloudMacways’s sole discretion, to governmental& law enforcement authorities, financial institutions, credit reporting services and/or credit card companies.
Money-Back Guarantee For Dedicated Servers
We do not offer any sorts of refunds for the dedicated servers. Our 30 days refund policy excludes the purchases done for dedicated servers.
Cancellations and Refunds
A. Payment Method
There will be no refunds provided if you make use of any of the following payment methods:
- Western Union payments,
- Bank wire transfers,
- Checks and money orders.
Using such payment methods result into posting of any applicable credit to your hosting account rather than a refund.
B. Refund Eligibility
Refund is applicable to the first-time accounts only. For example, if you've already had an account with us before, aborted and re-signed up, on opening a second account with us, refund will not be applicable. Violations of this Agreement will relinquish your rights under our refund policy.
C. Cancellation Process
You may cancel or entirely terminate the Services by providing CloudMacways with a written notice by the cancellation form provided. In these events: (i) you shall be obliged to make payment for all fees and charges accumulated before the effectivity of such cancellation and (ii) CloudMacways may, in our sole discretion, repay all pre-paid fees for the basic hosting services for the complete months remaining after the effectivity of such cancellation (i.e. No monthly fees shall be refunded) unless any setup fees, applicable taxes& any discount applied for prepayment, on condition that you are not in voilation of this Agreement.
D. Non-refundable Deliverables
Repayments are not offered on the charges (managerial or setting up) for custom-built softwares, or dedicated servers. Kindly note that the domain refunds will just be deemed if the domain was ordered with regard to a hosting package& will be brought out at CloudMacways’s sole discretion.
CloudMacways may dismiss your access to the Services, partially or completely, without prior notice in the event that: (1) you violate this Agreement; (2) you fail to disburse any fees due; (3) your doings may harm CloudMacways or others, and/or cause CloudMacways or others to obtain liability, as specified by CloudMacways in our sole discretion; or (4) as otherwise stated in this Agreement. In these events, CloudMacways shall not repay to you any fees that are paid prior to such extinction, and you shall be obliged to pay all charges and fees increased before the effectivity of such extinction. Moreover, CloudMacways may charge you for the fees that is due for our Services for the remaining part of the then present term.
UPON TERMINATION OF OUR SERVICES FOR ANY REASON, USER WEBSITES, USER CONTENT, AND OTHER DATA WILL BE ERASED
CPU, Bandwidth and Disk Usage
A. Bandwidth Usage
Shared servers are not confined in their bandwidth allowance. Limitless bandwidth usage is not allowed for resellers, dedicated or the VPS servers, which are dependant on the terms of the package you made paid for.
B. Permitted CPU& Disk Usage
All use of the hosting space offered by CloudMacways depends on the terms of this Agreement as well as the Acceptable Use Policy.
- The shared hosting space may just be used for active email, web files and content of User Web Sites. This space may not be utilized for storage (whether of emails, media, or other data), which includes as off-site storage of the user’s media files, email or the FTP hosts. CloudMacways clearly owns the right to review all shared accounts for excessive usage of CPU, the disk space and other resources which may be resulted in a breach of this Agreement. CloudMacways may, in our sole discretion, abort your access to the Services, apply extra charges, or remove or delete the User Content for your accounts that are found to be violating the terms and conditions of CloudMacways.
- Dedicated and VPS usage is confined to the resources allocated to the definite plan that you have purchased.
You agree to indemnify, protect and hold harmless CloudMacways, our associates, and their respective officers, employees, directors and agents ('Indemnified Party' and, collectively, the'Indemnified Parties') against and from any and all claims, damages, suits, actions, losses, liabilities, demands, proceedings (be it legal or administrative), and disbursals (including, but not confined to, reasonable attorney's fees) threatened, affirmed, or registered by a third party against the Indemnified Parties emerging from or concerning:
- Your use of the Services,
- Any violation or breach by you of this Agreement; or
- Any omissions or acts by you. The terms of this portion shall endure any extinction of this Agreement.
Limitation of Liability
IN NO OCCURRENCE WILL CLOUDMACWAYS, ITS DIRECTORS, AGENTS OR EMPLOYEES BE ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHICH INCLUDES FOR ANY LOST PROFITS OR DATA OCCURING FROM YOUR USAGE OF OUR SERVICES, OR ANY USER WEBSITES, USER CONTENT OR OTHER MATERIALS DOWNLOADED OR ACCESSED THROUGH OUR SERVICES, EVEN IF CLOUDMACWAYS IS MINDFUL OR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH HARMS.
NOTWITHSTANDING ANYTHING IN CONTRAST STATED HEREIN, CLOUDMACWAYS'S ACCOUNTABILITY TO YOU, OR ANY PARTY LAYING CLAIMS THROUGH YOU, FOR ANY REASON WHATSOEVER, AND IRRESPECTIVE OF THE SORT OF THE ACTION, IS CONFINED TO THE AMOUNT PAID BY YOU TO CLOUDMACWAYS FOR THE SERVICES IN THE FISRT THREE (3) MONTHS BEFORE THE INITIAL ACTION RESULTING INTO LIABILITY. THIS IS AN COLLECTIVE LIMIT. THE OCCURENCE OF MORE THAN ONE CLAIM HEREINAFTER WILL NOT INCREASE THIS LIMIT.
CloudMacways shall not be held accountable for any damages to your business. CloudMacways makes no guarantees of any kind, articulated or implied for the Services. We disclaim any warranty of merchantability or suitability for a particular purpose, including the data loss resulting from delays, wrong deliveries, delivery failures, and any and all service disruptions caused by CloudMacways or its employees.
If any provision or part of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or CloudMacways to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights on any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.