Check our Terms & Conditions below.
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Overview
This Terms of Service Agreement (this “Agreement”) is entered into by and between “Cloudex369 IT Solutions Pvt Ltd” (hereinafter referred to as cloudex369.com) and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of cloudex369.com services (“Services”) purchased or accessed through the cloudex369.com website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through cloudex369.com.
Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and would be incorporated into this Agreement.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to cloudex369.com. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. The terms “we”, “us” or “our” shall refer to The terms “we”, “us” or “our” shall refer to The terms “we”, “us” or “our” shall refer to Cloudex369.com. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.Cloudex369.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Cloudex369.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made (as indicated by the “Last Revised” date) shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services found at this site.. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.Cloudex369.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Cloudex369.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made (as indicated by the “Last Revised” date) shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services found at this site.. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.Cloudex369.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Cloudex369.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made (as indicated by the “Last Revised” date) shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services found at this site., in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Cloudex369.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made (as indicated by the “Last Revised” date) shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services found at this site.
Eligibility, Registration and Account Security
When you register to use our Services, we need to make sure that you are able to legally contract with us. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.
- Eligibility Authority
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, including an email address that is different from the domain you are signing up under. 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. We are 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 our billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
- 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.
Accounts
- In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to Cloudex369.comthat all information you submit when you create your Account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If Cloudex369.comhas reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, Cloudex369.comreserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, Cloudex369.comrecommends that you change your password at least once every six (6) months for each account you have with cloudex369.com. You must notify Cloudex369.comimmediately of any breach of security or unauthorized use of your Account. Cloudex369.comwill not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by Cloudex369.comor any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.
- The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation
- A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Cloudex369.comconcerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.
Rules of Conduct
You agree not to host, display, upload, modify, publish, transmit, update or share any information that:-
Further, you acknowledge and agree that:-
404 Error Page
In the event you fail to configure a 404 error page, a default 404 error page will be configured by the Company to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the Company’s placement of a default 404 error page and its associated content on your website. the Company’s 404 error page may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. the Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.
Third Party Products and Services
Third Party Providers
We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Please refer to Appendix A to obtain links to the terms and conditions of certain third party providers. Appendix A is a representative list and not a comprehensive list of goods or services offered by third party providers.
The Company does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The Company is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
The Company as Reseller or Sub-licensor
We may act as a reseller or sub-licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed or provided by us to you will not be deemed a breach of the Company’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Account Security and Company Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Compatibility with the Services
Billing and Payment Information
- Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
- Autorenewal
Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
- Advance Account
If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.
- Late Payment or Non-Payment
Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. After due date, the data on the dedicated server will be permanently deleted and cannot be restored.
- Domain Payments/Renewal
Domain registrations. No refunds will be given once a domain is registered/renewed/transferred.
Domain Renewals. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed
- Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- Price Change
The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least forty five (45) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
- Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
CPU, Bandwidth and Disk Usage
- Permitted CPU and Disk Usage
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
- Bandwidth Usage
Bandwidth usage is unmetered (i.e., not monitored) for shared hosting services only. Bandwidth usage for dedicated, reseller and VPS services are subject to the terms and limitations of the plan you purchased which are available in your control panel.
Reseller Terms and Client Responsibility
- Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
- Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Appendix A.
- Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.
- Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
- The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.
- The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.
- Resellers in the the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
Limitation of Liability
Cloudex369 shall not be liable under any circumstances for any damages the customer’s businesses may suffer for any reason, even if cloudex369 has been advised of the possibility of such damages. If a problem occurs that is within Cloudex369’s control, we will issue credits based on the length of the downtime according to the customer’s service plan. As the Internet is unpredictable, customers are aware that Network availability is not guaranteed to be 100%. cloudex369 shall not be liable for any claims resulting from the corruption or deletion, of any website or data in cloudex369’s servers.
Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of India.
Backups and Data Loss
Your use of the Services is at your sole risk. the Company does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. the Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.
Report Online Abuse
Respectfully report any abusive activity encountered online (spam, phishing, malware etc.) to [email protected]
We will investigate and record all reports of abuse submitted to us. Where appropriate, we may take action if a violation of any of our terms of service is confirmed or when required to do so if an activity violates the policies of ICANN or appropriate Registry. We may request additional information from you about your report. However, please note we may not be able to provide you with specific updates in response to your specific report due to privacy reasons. As part of our investigation it may also be necessary for us to validate your complaint with our customer.
What we do with abuse complaints
- First, we determine the type of abuse committed
- Second, if the domain was hacked or compromised, the domain registrant will be notified. The domain will be suspended if the registrant does not remove abusive content.
- Third, if it’s phishing/malware/419 scam/child pornography, we suspend the domain immediately.
Limited Disclaimer and Warranty
The services provided under this agreement are provided on an “as is” and “as available basis.” except as expressly provided in this section, the company and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement. the company and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. the company and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. the terms of this section shall survive any termination of this agreement.