Cloud Clusters Inc. Terms of Service (TOS)

Acceptable Use Policy (AUP)

"Cloud Clusters Inc." provides web hosting, domain name registration, SSL certificates and other services to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

• hosting pornography and sex-related content of any kind is prohibited, publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
• send unsolicited communications, promotions or advertisements, or SPAM.
• send altered, deceptive or false source-identifying information, including "spoofing" or "phishing".
• DoS/DDoS attack others or being a target of any kind of DoS/DDoS attack(s).
• probe, scan, or test the vulnerability of any system or network.
• breach or otherwise circumvent any security or authentication measures.
• access, tamper with, or use non-public areas or parts of the services, or shared areas of the services you haven't been invited to.
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or mail-bombing any part of the Services.
• access, search, or create accounts for the services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk).
• promote or advertise products or services other than your own without appropriate authorization.
• the unauthorized sale or distribution of copyrighted media.
• hosting IRC or IRC bots or any IRC related chat program.
• hosting BitTorrent / P2P related program.
• hosting, distributing, or linking to crackz, hackz, KeyGenz, serialz, or pirated software.
• advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
• violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or violate the privacy or infringe the rights of others.

Account Eligibility

• By registering for or using the services, you represent and warrant that: You are eighteen (18) years of age or older. The services are intended solely for users who are eighteen (18) years of age or older. Any registration, use of or access to the services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. If you use the services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.
• It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. "Cloud Clusters Inc." is not responsible for any lapse in the services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the "Cloud Clusters Inc." Control Panel. Providing false contact information of any kind may result in the termination of your account.
• You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Refusal of Service

• "Cloud Clusters Inc." accepts orders from outside the United States, but may limit accounts from certain countries or from certain known email domains that have or have previously had a high fraud rate. Countries that are sanctioned by the United States Department of Treasury are automatically ineligible for services with "Cloud Clusters Inc.".
• To help protect "Cloud Clusters Inc." and its clients from fraud, "Cloud Clusters Inc." may ask you to provide a copy of a government issued identification that has a photo and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
• If any manner of communication with "Cloud Clusters Inc."'s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
• Any customer that violates one of our Terms of Services, your service where the violation has occurred will be immediately cancelled along with all services that you have with "Cloud Clusters Inc.". Additionally, you will become ineligible for any other service(s) with "Cloud Clusters Inc.".
• We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

Backup

• We backup all our cloud hosting regularly. This service will provide the peace of mind that if the server should fail for any reason we can quickly and completely restore your site or server.
• We recommend that clients keep an up to date backup of their own sites or servers as this service is intended for disaster recovery to restore an entire server rather than an individual site or server. The owner is ultimately responsible in the event the data cannot be copied as the last point as the original server. We will make all attempts to restore the data but it is not guaranteed.

IP Addresses

• "Cloud Clusters Inc." will maintain and control ownership of all Internet Protocol ("IP") numbers and addresses that Cloud Clusters may assign to you. Cloud Clusters may, in its sole discretion, change or remove any and all IP numbers and addresses.

Support Services and Boundaries

"Cloud Clusters Inc." provides 24/7/365 technical support to our clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support:

• "Cloud Clusters Inc." provides support per your order. We don’t offer support service to any products that aren’t purchased from us.
• "Cloud Clusters Inc." does not provide technical support for YOUR clients.

HIPAA Disclaimer

We are not "HIPAA compliant." Clients are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Clients acknowledge that the services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. "Cloud Clusters Inc." does not control or monitor the information or data you store on, or transmit through, our services. We specifically disclaim any representation or warranty that the services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Clients requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that "Cloud Clusters Inc." is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.

Prohibited Persons (Countries, Entities, And Individuals)

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated National" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.

Recurring Billing

• You agree to pay for the services in advance of the time period during which such services are provided.
• All credit cards are billed automatically monthly, semi-annually, annually or biennially. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction.

Chargebacks, Reversals, and Retrievals

• If "Cloud Clusters Inc." receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your services may be suspended without notice. A $40 chargeback fee (issued to recoup mandatory fees passed on to "Cloud Clusters Inc." by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact "Cloud Clusters Inc."'s billing team to address any billing issues.
• If you believe there is an error in "Cloud Clusters Inc."'s billing, you must contact "Cloud Clusters Inc." about it, in writing, within thirty (30) days of the date you are billed or charged. "Cloud Clusters Inc."'s obligation to consider your claim is contingent on your providing it with sufficient facts for "Cloud Clusters Inc." to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify "Cloud Clusters Inc." in writing or meet the deadline set out above. If "Cloud Clusters Inc." finds that your claim is valid, "Cloud Clusters Inc." agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

Package Suspension

• Any invoice that is outstanding for 3 days and not paid will result in package suspension.
• "Cloud Clusters Inc." will not activate new orders or activate new packages for clients who have an outstanding balance on their account.

Package Cancellation

All cancellations must be made 2 days before the new billing cycle to avoid new charges. You must notify us of a cancellation request a minimum of two (2) days prior to the new billing due date. It is required that you make a cancellation request in our Control Panel or submit a sales ticket or email to sales@cloudclusters.io. Please note on your request the date for the cancellation to be effective. Cancellations become effective when you receive the cancellation confirmation email from "Cloud Clusters Inc.". Please contact us with our ticket system if you do not receive the cancellation confirmation within 2 business days.

Refund

• Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account in our billing system and cannot be refunded via PayPal.
• Anyone who violates our Terms of Services is ineligible for any refunds or credits.
• All payments to "Cloud Clusters Inc." are not refundable nor creditable for any reason whatsoever, unless otherwise expressly provided herein.

Currency

All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.

Promotional Offers

Promotional offers are offered periodically and are not valid after they are expired. If a customer upgrades or downgrades a service or services before or after a promotional offer expires, one is ineligible to return to the same promotional offer and will revert to the current rate.

Commission Calculation

• A $10 one-time commission for VPS&APP paid order.
• A $30 one-time commission for dedicated server paid order.
• Orders must remain active for a minimum of 40 days to qualify for commission conversion.

Violation Clauses

• If a referred client requests a refund or cancels a server within the initial 40 days, the affiliate commission may be unconverted or revoked.
• No commission conversions if a referred client is verified to be engaged in fraudulent activity. If commissions have been withdrawn from a fraudulent order, deductions will be made from other referred orders.
• Commissions are not applicable for non-direct hosting products, such as SSL or Domain.
• Identification of a false referrer-referee relationship, such as registering multiple accounts and ordering services from each account's affiliate links, may lead to the non-withdrawal of unadmitted commissions.
• If referred clients fail to complete the purchase within the first 24 hours after clicking the affiliate link, the affiliate commission may not convert.
• Commissions are valid only for purchases made via the affiliate's link. Purchases not made through the affiliate's link will not be eligible for commissions.
• It is forbidden to place orders under your own name!

Commission Withdrawal

• To initiate a withdrawal, the affiliate's available commission balance must reach a minimum of $50.
• Withdrawal requests will be processed within 7 working days.

Cloud Clusters reserves the right to interpret and enforce affiliate marketing policies. Affiliates are expected to adhere strictly to ethical standards, prohibiting fraud, abuse, and any form of exploitation.

Access and Control Policy

When a new account or domain, as applicable, is registered with or transferred to "Cloud Clusters Inc.", the process requires and results in the creation of the following within the records of "Cloud Clusters Inc.", in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

• If a person contacts "Cloud Clusters Inc." and claims that he or she is entitled to access to an account, website with "Cloud Clusters Inc." but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), "Cloud Clusters Inc." will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, "Cloud Clusters Inc." will not give access and control to a claimant unless "Cloud Clusters Inc." is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring "Cloud Clusters Inc." to give such access and control to said claimant or unless there is submitted to "Cloud Clusters Inc." at admin@cloudclusters.io a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account and website and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of "Cloud Clusters Inc." shall not be deemed effective to give notice to "Cloud Clusters Inc." of any changes in said access or control.
• Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against "Cloud Clusters Inc." arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases "Cloud Clusters Inc." from all liability and all claims for damages or any other liability whatsoever that may arise out of "Cloud Clusters Inc."'s following said policy and procedure.

Transfer of Ownership

"Cloud Clusters Inc." is not responsible to determine ownership of websites hosted by or accounts opened with "Cloud Clusters Inc.". By accessing "Cloud Clusters Inc."'s system, registering, or using any of the services provided by "Cloud Clusters Inc.", the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account and website hosted by, opened with, or registered with "Cloud Clusters Inc." are subject to the terms and conditions of this section of these Terms.

• "Cloud Clusters Inc." will recognize a change of ownership of account(s) with, of websites hosted by "Cloud Clusters Inc." only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( admin@cloudclusters.io) a written statement (in a form acceptable to Cloud Clusters) containing the notarized signature of the original owner of the account, website, as applicable, confirming that ownership of the website, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) "Cloud Clusters Inc." is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring "Cloud Clusters Inc." to transfer such ownership to said claimant.
• Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within "Cloud Clusters Inc."; and, further, that any other changes made directly by Subscriber or by others within the online records of "Cloud Clusters Inc." shall not be deemed effective to give notice to "Cloud Clusters Inc." of any changes in said ownership.

Disputing Site or Account Ownership

Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by "Cloud Clusters Inc." or in an associated "Cloud Clusters Inc." account. "Cloud Clusters Inc." is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by "Cloud Clusters Inc." or in an associated "Cloud Clusters Inc." account, and, in "Cloud Clusters Inc."'s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then "Cloud Clusters Inc." will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves "Cloud Clusters Inc." of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what "Cloud Clusters Inc.", in its sole judgment, deems to be a reasonable time, then "Cloud Clusters Inc.", at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Texas, file an interpleader action in a court of competent jurisdiction within the State of Texas for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse "Cloud Clusters Inc." for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to "Cloud Clusters Inc." under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.

Notification of Transfer of Hosting Account Ownership

The form found here may be used to notify "Cloud Clusters Inc." of a change in ownership of a hosting account. Please note that any changes to the owner and/or billing information stored in the billing system and account control panel must be changed by the Transferor or the Transferee. "Cloud Clusters Inc." will not be liable for any inability to access the account due to a failure to release access information. Filing this form with "Cloud Clusters Inc." does not guarantee any changes. "Cloud Clusters Inc." reserves the right to accept or reject the request for any reason in its sole and absolute discretion.