Where the content states “We” includes Clouderdale or any party acting on Clouderdale’s implied instructions. “You”, “Customer” includes the person purchasing the Services and/or any party acting at the direction of the Customer. “Member” includes the purchaser of the Services and/or any party acting at the direction of the purchaser. “Registrant” includes the person applying for a Domain Name or any party acting at the direction of the Registrant. “Registry” refers to the relevant registry for Domain Names. “Server” means the computer server equipment in connection with the provision of the Services. “Website” means the area on the server allocated to you by us for use as a website on the internet. “ToS” includes this Agreement. Clouderdale reserves the right to modify this Agreement at any time, effective immediately upon posting the modification on this URL. In consideration of the mutual agreements contained herein, the parties agree to the following, which shall be in effect during the term of this Agreement.
By using any part of the Clouderdale Service, you fully agree to this Service Agreement on this document.
Terms of Service
- Excessive CPU, RAM, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
- Excessive resource usage – cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Clouderdale at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Clouderdale reserves the right to terminate any process which it deems to be using excessive resource usage.
- Background processes – background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Clouderdale is server abuse.
- Compiling – User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
- Mailing Lists – Mailing lists operated on Clouderdale servers must be double opt-in with specific clear instructions in order to opt-out. Large mailing lists should be sent via third-party dedicated mailing list platform and not through the servers of Clouderdale unless specific permission has been explicitly granted beforehand. Should a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
- Pornography – Clouderdale prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Clouderdale servers.
- Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. Clouderdale has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
- Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Clouderdale reserves the right of interpretation as to what constitutes abusive practices. In short – if you are unsure that your actions may be perceived as an abuse of service, contact Clouderdale directly to check with us before proceeding.
- Ignorance of your actions and consequences does not exempt you from liability.
- Clouderdale reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by Clouderdale. The customer agrees to pay all financial penalties placed by Clouderdale in full and within 30 days.
- Email abuse – Unsolicited Commercial Email [‘Spam’] is implicitly forbidden. This is considered server abused and is grounds for immediate termination. We reserve the right to charge a Spam Clean Up Fee of up to €150.00 USD on a case by case basis.
- Trafficking of illegal content – in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Clouderdale servers.
- IRC sessions – Using Clouderdale servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Clouderdale server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service – Network activity that constitutes an attack on any internet host from Clouderdale is grounds for immediate termination of likely prosecution.
- Selling for free – Clouderdale prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- Proxy websites and such are prohibited.
- Any reselling of Clouderdale services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances.
- Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Clouderdale reserves the right to refuse a promotion to a customer.
- Clouderdale reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
- Clouderdale reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
- Clouderdale utilizes FraudMind to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord and FraudLabsPro for misbehaviour using one-way hashed information.
Storage Space and Backups
Clouderdale offers a generous amount of storage space so you don’t have to worry about using your space and can concentrate on building and running your website.
- We are not a data storage or backup platform and we do not condone the use of your storage space with us for such purposes. Some examples of the use of storage space that we prohibit include:
- Operating a website whose primary purpose is to upload and share files, upload and share media, archive, distribute, back up and/or mirror.
- Storing large amounts of files that are not stored on the website, such as PDF, ZIP, videos, images, music and various other files.
- Storing content or media that is not related to your active website.
- Storage of copyrighted material that you do not own.
- Any accounts that violate the above terms may be removed from our servers at our discretion. Clouderdale has the sole discretion to decide what does and does not constitute a breach of this policy.
- The customer retains full ownership of all data uploaded to Clouderdale’s servers and accepts full responsibility for the content.
- Clouderdale will make back-up copies of the data for its own use and for disaster recovery purposes, and the back-up copies will be made available to customers for self-recovery. Customers are encouraged to create their own backups. We do not guarantee the integrity and reliability of the backups.
- All cPanel backup files, Softaculous backup files, backup-.tar.gz, cpmove-.tar.gz and all other forms of backup files larger than 1 GB and/or older than 3 days will be automatically removed from the server and we recommend downloading these backups to a location off the server.
Payments & Invoices
- All cloud hosting accounts are set up on a pre-payment basis only.
- Clouderdale will grant the Customer a 5 day interest free credit period to allow for the resolution of any payment issues. Clouderdale reserves the right to shorten the credit period at any time at its sole discretion and to charge a late fee for non-agreed late payments depending on the situation.
- Clouderdale will suspend your account if outstanding invoices are not paid within 5 days or less. Clouderdale reserves the right to block the account at any time after the invoice has become overdue.
- If outstanding invoices to Clouderdale have not been paid in full and no further credit arrangements have been made, Clouderdale reserves the right to suspend or terminate all hosting accounts and disable all other services purchased through Clouderdale until all amounts owed have been paid in full.
- Once the account has been suspended, Clouderdale will no longer provide you with backups unless the outstanding invoice has been paid in full before the backups are deleted.
- Clouderdale reserves the right to charge a reactivation fee for suspended accounts.
- Clouderdale reserves the right to charge a late fee if your invoice has not been paid in full and on time.
Refund & Cancellation
If the customer is a consumer, the relevant provisions of the FAGG shall apply to customer contracts concluded by means of distance selling (distance selling or out-of-home selling, § 1 FAGG). The customer may withdraw from the contract within 14 days of its conclusion. No reasons need to be given and no specific form is required. The consumer may declare his withdrawal to Clouderdale via the client portal. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. In the event of revocation, any payments already made will be refunded.
If Customer has requested Clouderdale prior to the conclusion of the contract to commence performance of the contract before the expiry of the revocation period and nevertheless revokes, Customer shall pay Clouderdale a pro rata amount of the agreed remuneration. If Clouderdale has already completely fulfilled the contract in this case, the right of revocation shall expire and the full remuneration shall be paid.
Domain name registration, transfer and renewal fees are non-refundable. Once a domain is automatically or manually registered, transfered or renewed, your payment method will be charged and the domain will be renewed for another year. At this point, the domain registry will update its information to show that you own it for another year. As it is in the nature of things and there is no way to undo this process, a refund is not possible.
Warranty – Elimination of defects
Warranty claims shall be fulfilled by rectification of the performance. The customer must report any defects that occur immediately, but no later than within fourteen working days, in writing and in as much detail as possible (notice of defect), otherwise warranty claims with regard to these defects shall be lost. This clause does not apply to consumers.
Scope of liability
Clouderdale shall only be liable for damage to property in the event of intent or gross negligence, but not in the event of slight negligence. With respect to entrepreneurs, liability for consequential damage (pure financial loss) is excluded, unless it is a breach of the main performance obligation. In all other respects, this point applies accordingly to claims for damages against entrepreneurs. Clouderdale shall not be liable to entrepreneurs for third-party content that is (intended to be) transported via the Internet or is accessible via the Internet. The customer’s statutory right to terminate the contract for good cause, in particular in the event of unreasonable disruption or restriction of services, shall remain unaffected.
If the Customer causes damage solely as a result of its failure to comply with the Contract with Clouderdale and its constituent parts (including these ToS), in particular through use in breach of the Contract, Clouderdale shall not be liable for such damage.
Liability of the Client
If the Client breaches its contractual or statutory obligations and Clouderdale is therefore justifiably held liable by a third party, the Client shall indemnify and hold Clouderdale harmless. This is without prejudice to Clouderdale’s own liability towards the Client or third parties. The Client will cooperate to the extent possible to avoid (further) damage.
The possible invalidity of individual provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision. This provision shall only apply vis-à-vis entrepreneurs.
Clouderdale reserves the right to revise, amend or modify this ToS (Terms of Service) and our other policies and agreements at any time without prior notice. All users and customers of Clouderdale must comply with the Policies & Agreements and these ToS (Terms of Service).
Please visit this page periodically to check for any updates.