Support Service Level Agreement

The guidelines below constitute the Agreement between CloudAccess.net and Clients that purchase and maintain an active SLA. This Agreement applies to support for the Joomla and WordPress content management systems (CMS), hosting and email, but excludes billing support. 

CloudAccess.net Support covers the majority of the core functionality of a default Joomla and WordPress Instance. The "core" is best defined as the functionality and features that are built into the CMS. Core Joomla does not include 3rd party extensions, core WordPress support does not include support for 3rd party Plugins.

Clients who launch a site on a free hosting account will receive a free subdomain. Free hosting clients cannot have a custom domain for their site unless they upgrade to a paid hosting package. Free hosting clients receive limited hosting support and no core Joomla or WordPress support. Clients can upgrade to a paid hosting package to receive more support from our team. CloudAccess.net reserves the right to terminate any free hosting site if the site is found to be abusive.

There are over 10,000 available plug-ins, modules, components and templates available. Because it’s impossible to know how each extension works, we cannot support them, but many times we are able to offer advice which may include links to forums or documentation for help. Whenever possible, we recommend using just the "core" to create the functionality you’re after with your site. We believe that the fewer extensions and plugins you have installed on your site, the better. While there are many commercial and noncommercial extensions in the community, and we recommend that you always consider how well an extension is supported before installing it into your site.

We might offer an option to preinstall a 3rd party component on your site. Those components are not supported by our suport team unless this page states otherwise. We refer you to resources provided by the developers of these components.

The CloudAccess.net Support Team will offer you guidance with the specific actions listed below. Many times the Support Team member will complete the action for you, but the underlying goal of our system is to teach you to understand how to use the core CMS and how to access resources available in the Joomla or WordPress community.

This is an essential step in configuring a website. Our team will not create logos for you, but we can teach you how to add a logo to your template through a module or through the template framework.

When you have questions on how to add, use or remove menus or menu items on your site, the CloudAccess.net Support Team will help guide you through the issues that you are having.

Joomla comes pre-installed with a Contacts component that allows you to collect information from site visitors and send that information to your email inbox. The CloudAccess.net Support Team will help you understand how to configure this to begin capturing leads.

User creation can be done through the registration function on the front end of the site, or by adding the users through the back-end (administrator). CloudAccess.net Support Team will help you understand how to add new users, and manage your existing user base.

Webmaster Tools and analytics are essential when setting up a website. Our team understands the need for this and will take care of the technical side of the configuration. To configure these features, you will first need to sign up for a Google Webmaster account. Once signed up, you will be provided a bit of code that needs to be added to your site. Place this code into a support ticket and the CloudAccess.net Support Team will take it from there.

An integral part of configuring your Joomla site is the installation of 3rd party templates and extensions. The CloudAccess.net Support Team will help with the installation of these templates and extensions. Whether you need guidance on the install procedure, or you are receiving an error upon installation, our team will be there to help. Support for the configuration of these 3rd party templates and extensions should however be provided by the developers of the templates or extensions, not the CloudAccess.net Support Team. It is also important to understand that CloudAccess.net is not able to guarantee the functionality, or install-ability of a 3rd party template or extension. If we are unable to process the installation request, we will provide guidance that will help you contact the developer of the 3rd party extension or template. If you'd like us to install a template, and you've purchased a hosting package with CloudAccess.net, simply submit a support ticket. You can review our recommended 3rd party template providers here, or browse the Joomla extensions directory here.

In some cases, the installation of a plugin, extension or template can cause errors on the site. These errors can even lead to the site going down completely. The CloudAccess.net Support Team is trained to find these conflicting extensions and disable them so you can resume work on your site.

We will provide general core Joomla caching support, OpCode cache, and memory caching. Depending on which 3rd party extensions the Client has installed, caching can be a touchy subject. Our family of engineers can offer you suggestions for your caching needs.

Many of the front end page elements in Joomla are controlled by modules. Core Joomla modules enable you to place different types of content into different module positions on your site. The CloudAccess.net Support Team will help you understand the proper use and configuration of these items. Our team is not equipped to troubleshoot the use of 3rd party modules, however we will do our best to provide links to documentation or support forums.

The Global Configuration section of a Joomla website contains a great deal of options for managing global aspects of the website. There are many aspects of Global Configurations that we can help with.

Joomla comes with pre-installed plug-ins that provide specific functionality within the CMS. The CloudAccess.net Support Team is trained to provide general guidance on the use of the plug-ins that are turned on by default. Our team is not equipped to troubleshoot the use of 3rd party plug-ins, however we will do our best to provide links to documentation or support forums.

ACL is an advanced feature within core-Joomla that allows you to create a wide variety of restrictions and levels of access based on users logging in. Our higher level SLA’s receive general support and guidance for Joomla ACL. We will offer advice and answer configuration questions, however our Support Team will not develop your ACL structure for you. If presented with an issue, we will do our best to troubleshoot as long as the issue is related to core-Joomla.

The multilingual capabilities of Joomla are both powerful and complex. For Pro plans and above, our Support Team will provide general guidance on the configuration of multilingual sites. This does not include the development of your multilingual functionality. When presented with an issue, we will do our best to troubleshoot as long as the issue is related to core Joomla.

The CloudAccess.net Support Team is familiar with most template frameworks available for Joomla. 3rd party template developers create individual templates based on these frameworks. These templates retain the same control panel parameters. Support for 3rd Party Template is limited to the configuration options that are available within the template parameters as well as the display of modules in the template frameworks module positions. The CloudAccess.net Support Team will not troubleshoot browser compatibility issues, or issues related to other 3rd party components, modules or plugins for a 3rd party template. While our Support Team is knowledgable and will provide best-case guidance in this area, you may be referred to the template developer for certain issues or bugs.

The CloudAccess.net Support Team will provide a CloudMail account for the site administrator for each hosted site. The Support Team provides the login information for the account, which will allow Clients to login and create/configure/modify additional email addresses. Settings will be provided in the form of knowledgeable articles, which will help Clients configure email clients such as Outlook, or mobile devices. If you require our staff to perform device specific troubleshooting for the connection of CloudMail, a $15 fee will be incurred.

The CloudAccess.net Support Team is trained to help you understand and configure general domain name and DNS settings. It is important to note that we do not have the ability to guarantee or fully support DNS settings, or domain management with other hosting providers or registrars. Read more about our worldwide DNS network.

The connection to FTP and SSH can be essential to advanced development and administration of Joomla applications. The CloudAccess.net Support Team will provide the proper login information and perform basic connection troubleshooting to ensure that you are able to successfully connect.

When setting up an SSL, you may find that there are warnings present in the browser. These warnings can be a result of your template or site not loading entirely through HTTPS. Our Support Team has the tools, and when possible they will provide information on what is not loading securely. The actual fixing of these issues is beyond the abilities of our Support Team, however with this information you will be able to inquire to the template or extension provider for a solution.

In some cases it is necessary to create htaccess rules to get the desired redirect/rewrite/access functionality within your site. The CloudAccess.net Support Team will help you implement common htaccess rules into your Joomla Instance.

You must always open a ticket first by going to CloudAccess.net and logging into the client area. Submit a ticket to the proper department with the proper priority level. All standard support requests submitted following customer requirements listed below will receive a response from a tier 1 support engineer. If your ticket requires escalation with outage or application issues our team is required to proactively respond within 1 hour to your problem. After you submit a ticket you can call our office to speak to an engineer. If you call our office without submitting a ticket first, our staff is first required to open a ticket for you before you may receive support. Remember, when calling into CloudAccess.net it’s much easier to give a support agent a ticket id rather than trying to tell them you domain or email. These 3 primary forms of support can be utilized in conjunction with each other to provide the best possible experience for CloudAccess.net Clients. Following these guidelines is essential to keeping our support system running quickly and efficiently. Please submit a ticket before calling our support center and have your Ticket ID in hand as you call.

The ticketing system is the primary method of support and it allows the CloudAccess.net Support Team to work through issues quickly and efficiently. Tickets can be submitted through your CloudAccess.net Client Area, and you can respond to tickets by simply replying to the resulting emails.

Our telephone support is used primarily to explain and expand upon ticket responses to clients. If a technical response is given by CloudAccess.net, we encourage the client to call in and get a verbal explanation. Unless a site is completely down, telephone support is not meant to report issues, nor is it meant to “bump” tickets immediately after submitting.

Live Chat Support is available to our Business SLA clients in the CCP. It is used primarily to explain and expand upon ticket responses to clients. If a technical response is given by CloudAccess.net, we encourage the client to open a chat to get an extensive explanation. Issues can be reported through Live Chat. If possible, our Support Team staff operating Live Chat will provide a quick answer or solution. Otherwise, they will open a ticket in our Ticket System. Live Chat is not meant to "bump" tickets immediately after submitting.

Our Support Team helps clients understand the features and functionality outlined in this agreement, but they are not required to physically perform the modifications. In many cases, the Support Team will perform an action as a demonstration, however this is done at their discretion and is above and beyond the actual support offered in this SLA.

Support Team members are trained to provide best-case advice. Consulting on issues or techniques that are not covered within this SLA will not be provided.

Part of the service that CloudAccess.net provides to our clients is support and consultation on the various versions of Joomla that are available at any given time. Upon request, the CloudAccess.net Support Team will perform the following actions: 

• Provide advise whether newly released versions of Joomla are ready to use on your site
• Create a backup prior to performing any update
• Troubleshoot the core-Joomla update function to ensure it sees the proper updates
• Perform updates within minor release cycles (For example: 3.4.1 > 3.4.2)

It is important to note that the CloudAccess.net Team cannot guarantee the functionality of 3rd party components, modules, plugins or templates which may be affected by the updates. A backup is performed prior to any update process. If site functionality is broken as a result of the update, you may restore that backup within the Cloud Control Panel if needed. The CloudAccess.net Support Team is not trained to troubleshoot issues related to 3rd party software.

When purchasing a Standard of Business hosting plan, you get a single free migration of your Joomla or WordPress site. When provided the proper login information, the CloudAccess.net Support Team will move the files and database from an external hosting account to the CloudAccess.net platform. In order to migrate your Joomla application, we require that the remote site is 100% functional and not compromised or hacked.

The Client is responsible for all 3rd party Joomla! extensions installed on the site. We suggest you purchase your extensions from reputable software vendors that provide support. We suggest you keep your extensions up-to-date at all times. We also suggest you purchase extensions that are compatible with the one click update system offered through Joomla! As part of the Joomla! platform, developers can build extensions that are easily updated with little to no interaction from the Client. Sometimes, the Client will have to run the update wizard inside of Joomla! We do not support 3rd party extensions without a service contract. This service contract with Cloudaccess.net will explicitly list all 3rd party extensions that will help you to configure. We will fix your site if it breaks as a result of an issue with a 3rd party extension, but we are not responsible for repairing any 3rd party application or dealing with any restoration procedures that are outside of your SLA. If a 3rd party extension requires that we contract a coder to assist in fixing the application, you will be charged additional fees.

It is the responsibility of the Client to fully ensure that additional software and hardware installed on the Client’s server are protected against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Client is advised to purchase business interruption insurance to protect against lost revenue resulting from a prolonged disruption of services or from a catastrophe.

To have a CloudAccess.net account, you must choose an SLA.

It’s plain and simple. Our team is equipped to handle issues as they arise, but issues outside of our own platform are out of our control. This includes externally hosted sites. If you have questions on your site and it is hosted elsewhere, we recommend migrating the site to CloudAccess.net first.

All Support requests must be submitted through an online ticket. Clients can submit tickets through their Client Area. Please submit a support ticket before calling our support center, and have your Ticket ID in hand as you call in. This allows us to give you, and all of our clients, faster and more efficient responses. Please submit one ticket per issue. If you have several issues, please submit a ticket for each issue.

Submitting a support ticket to CloudAccess.net is quick and easy. You can find the guidelines and a short video introduction here. http://www.cloudaccess.net/contacting-support.html

In the interest of providing a solution for all issues, including ones that are not covered under your SLA, anything outside of your SLA will automatically be passed to our Sales Team. You can pass requests directly to the Sales Team by submitting a support ticket into the Sales Department through your client area.

Unless contracted separately, under no circumstances shall CloudAccess.net assume responsibility for the loss of information on the server. The backups created by CloudAccess.net are meant to be suplemental. The Client is responsible for secure backups of all data on the server.

The following backup/archive methods are available for your review. We highly recommend backing your data up locally on a regular basis.

• Akeeba Backup (Files and Database)
  Installing and configuring the Akeeba Backup extension is quick and easy. It is a great way to schedule, create and download backups.
• CCP Snapshot (Files and/or Database)
  Our Snapshot tool within the Cloud Control Panel allows you to take tar.gz backups of the files and or database with the click of a button. These backups are found in the /backup folder of your website.
• FTP/sFTP/SSH (Files)
  CloudAccess.net provides FTP/sFTP/SSH access which allows you to remotely access and download your files at any time.
• Midnight Commander (Files)
  When logged in through SSH, we offer Midnight Commander, a file browsing and transfer GUI that allows you to migrate files easily too and from an external server.
• PHPMyAdmin Access (Database)
  You can take a backup of your database any time by exporting it using PHPMyAdmin which is directly accessible through the Cloud Control Panel.
• Daily Database Dumps (Database)
  We do our best to save a copy of your database daily into the /backup/database folder within your account. You can access this backup via FTP.
• Automated Disaster Recovery Option
  The CloudAccess.net platform is set up to allow custom desaster recovery. Simply setup a cron job connected to a shell script to automate the moving of your files to external data centers. The CloudAccess.net Professional Service Team can be contracted to help setup custom disaster recovery programs.

Client acknowledges that all rights, titles and interest in the Joomla! Open Source Software is GPLv2 and is licensed to you under the GPLv2 License. Any uploaded Client Data shall be solely owned by the Client. In the event that CloudAccess.net elects, at CloudAccess.net's option, to provide custom software to Client, this software will be licensed to Client for use only on CloudAccess.net' Hosting Service on a non-exclusive, royalty-free, fully-paid basis according to the terms of this Contract. Client acknowledges that the CloudAccess.net platform and other related hardware and software are the property of CloudAccess.net or its suppliers.

Subject to payment hereunder, all wholly original software programs or products conceived, written, or created for the Client by CloudAccess.net in the performance of the Services that do not constitute or include derivative works, customizations or enhancements of existing software or applications (the “Assigned Work Product”) shall be the sole and exclusive property of CloudAccess.net, and all right, title and interest to such Assigned Work Product shall be assigned to CloudAccess.net. To the extent allowable under applicable law, Assigned Work Product shall constitute a “work made for hire” under copyright law. If ownership is not able to be vested with the Client for any reason, CloudAccess.net hereby grants to Client a nonexclusive, royalty free, worldwide, perpetual license to use the Work Product and to copy, modify, translate, reverse engineer, decompile, disassemble, create derivative works of and use the Work Product for internal use. You are not allowed to resell any of the work provided to you.

Subject to payment hereunder, for all software programs or products that constitute or include derivative works, customizations or enhancements by CloudAccess.net of existing software or applications, including (without limitation) existing open source tools or utilities and any pre-existing works of CloudAccess.net, (the “Licensed Work Product”), CloudAccess.net grants to Client limited, non-exclusive, royalty-free, worldwide license during and after the term to reproduce, modify, distribute, transmit, perform, display and otherwise-use such Licensed Work Product. Notwithstanding the foregoing, to the extent that any Licensed Work Product is based on, derived from or otherwise subject to a third party work or license, or any open source license, such Licensed Work Product shall be subject to, and is hereby licensed to Client pursuant to, the terms and conditions of the license. Such as pre-existing work, even if that license is more restrictive than the CloudAccess.net License. For example, if CloudAccess.net has been engaged to fix bugs or otherwise modify or create derivatives of code that is part of the LAMP stack (i.e., Joomla, Wordpress, Drupal, Linux, Apache, MySQL, PHP, Etc...) and licensed pursuant to a version of the GPL license, such bug fixes or other modifications shall be subject to the applicable version of the GPL license, not the CloudAccess.net license or Client request.

Some activities are subject to immediate deactivation. Any site that is used for illegal, abusive or unethical activities may be immediately deactivated by CloudAccess.net without warning to Client. Illegal, abusive or unethical activities include, but are not limited to, obscenity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, activities resulting in reduction or loss of server performance to other clients (including but not limited to effects of bulk emailing or mail bombing), as determined by CloudAccess.net. Client agrees to indemnify and hold CloudAccess.net and its suppliers harmless from any claim resulting from Client’s publications or use of illegal, abusive or unethical materials. Although CloudAccess.net will make reasonable efforts to alert Client to such activities and allow Client an opportunity to cure them within a 12-hour period after discovery, CloudAccess.net is not required to give notice before deactivating Client’s use of CloudAccess.net's services if, in CloudAccess.net's discretion, Client’s use is detrimental to server performance and is affecting other clients, or is or results in illegal, abusive or unethical activities. If a Dedicated Server is disabled, the regular annual fees still apply.

If Client is not using CloudAccess.net name server services, Client agrees to change the name servers to those allocated by CloudAccess.net, or alternatively stop pointing the domain at CloudAccess.net's networks, should CloudAccess.net require Client to do so, in order to fend off attacks such as DDoS and protect the integrity of CloudAccess.net's networks.

Please understand that all information submitted on the site shall be considered publicly accessible. Important and private information should be protected by Client. For example, CloudAccess.net is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that Client may use.

Client is expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Although CloudAccess.net will make reasonable efforts to alert Client to such activities and allow Client an opportunity to cure them within a 12-hour period after discovery, CloudAccess.net reserves the right to immediately deactivate Client’s use of CloudAccess.net's services, if CloudAccess.net discovers such activity. Further, Client agrees to indemnify and hold CloudAccess.net harmless from any claim resulting from Client’s use or distribution of electronic mail services through the service provided through this Contract.

CloudAccess.net maintains and controls ownership of all IP numbers and addresses that may be assigned to Client, and CloudAccess.net reserves, in CloudAccess.net’s sole discretion, the right to change or remove any and all IP numbers and addresses.

Client may provide a Software as a Service but Client must first obligate any such resale to the same terms of this Contract and incorporate into that resale all of CloudAccess.net, including rights regarding content and activity.

Client certifies that it is at least 18 years of age.

Client may not transfer or assign this Contract without the written consent of CloudAccess.net.

CloudAccess.net will provide remote backup storage at our secondary data center. We provide backup as a service and provide tools to enable the Client to create their own Disaster Recovery Program. Our Open Standard Data Policy creates an environment that enables you to backup your own data. As a convenience beyond our own backup procedures, we will provide the Client backup scripts at no additional cost. This will allow you to schedule an offsite FTP/SFTP backup to a server of your choice. The script will dump the backup one time every day with up to 7 days of retention.

Additionally, we provide a web-based backup software that will allow you to create and download a backup to your local disk anytime.The Client is ultimately and solely responsible for the backup of Client Data stored on a site. We do, however. provide daily backup reports that detail any issues with our backup systems. It is the Client’s responsibility to make sure you receive this report and review any details provided to you. Under no condition is this report a replacement for building your own Disaster Recovery Program. There is no guarantee that the data for each backup taken by CloudAccess.net will be available or valid.

While we aim for 100% uptime, CloudAccess.net guarantees Network and Power Infrastructure up-time to be 99.9% per month. This guarantee assures that all major routing devices within our network are reachable from the global Internet 99.9% of the time. Up-time is broken down into monthly increments. 99.9% up-time per month equates to up to 43 minutes of unplanned downtime per month (http://en.wikipedia.org/wiki/Uptime).

Many possible situations are completely beyond the control of CloudAccess.net, and therefore are not in the scope of this SLA. These situations include:

Occasionally network or power system maintenance will be required. CloudAccess.net will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits.

On rare occasions, the hardware that hosts your Joomla! website may need maintenance or replacement. CloudAccess.net will do everything possible to minimize any downtime in these situations per our SLA. Any downtime as a result of this maintenance will not be counted towards our network SLA.

An important part of managing a Joomla! site is keeping the software up-to-date. On our platform occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.

If a third party not associated with CloudAccess.net initiates a "Denial of Service" or other form of disabling attack against our Joomla! clusters or major portions of our network, CloudAccess.net will do everything in its power to stop the attack, but cannot guarantee a resolution time.

Site owners that request ownership of core files that we have locked to protect the application will be converted unmanaged accounts. Unmanaged accounts also fall outside of our support. We will not be responsible for accounts that are not kept in our automated update process or sites that are unprotected.

Pieces of 3rd party software causing a conflict with core Joomla! or other parts of your site are not related to the network. Therefore, we will not be held accountable for up-time on bad or conflicting code.

In the event that CloudAccess.net does not meet this SLA, CloudAccess.net clients will become eligible to request compensation for downtime. A customer is limited receive 1 day of credit for each 1 hour of downtime past the allotted monthly downtime. Credit time is always rounded to the next highest number. This means that if your Joomla! site is unreachable for more than 1 minute past the 99.9% monthly up-time guarantee, you can request a credit to your account.

CloudAccess.net response times and actions taken to resolve client support requests are based on an assessment of the impact of the reported technical issue on your business. It should be noted that the initial response time is different than resolved. In some cases an issue might require interaction of a special skilled human to fix your application. If the outage of your application is because of a 3rd party extension outside of the VMPC and core Joomla!, we will not be responsible unless you have an active service level contract for that extensions. The more serious the business impact, the higher the assigned priority. In responding to a customer's Joomla! support request, the following priority levels have been established. When opening a ticket you can set the priority of a ticket. If you set a ticket to HIGH, the issue is not an emergency, and it’s after hours, you run the risk of being charged an emergency support fee.

CloudAccess.net will take a proactive approach and respond to your tickets quickly and efficiently. Our average ticket response time is 1 hour, however the maximum allowed response time for will depend on your specific SLA.

CloudAccess.net exercises no control whatsoever over the content of the information passing through its network. CloudAccess.net makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. CloudAccess.net also disclaims any warranty of merchantability or fitness for a particular purpose. CloudAccess.net will not be responsible for any damage you suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via CloudAccess.net's network is at your own risk. CloudAccess.net specifically denies any responsibility for the accuracy or quality of information obtained through its services.

CloudAccess.net's liability hereunder for any losses or damages suffered by Client or its customers with respect to the products and services or any other item under this Contract, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by Client to CloudAccess.net for products and services ordered hereunder for a single billing period only. CloudAccess.net shall not be liable for any lost profits or for any claim or demand against the Client by any other party based on any expressed, implied or claimed warranties by CloudAccess.net not specifically set forth in this Contract. IN NO EVENT SHALL CloudAccess.net BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF CloudAccess.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No action, regardless of form, arising out of this or any other CloudAccess.net. Contract or the transactions contemplated herein or therein, may be brought by Client more than one (1) year after the cause of action has occurred.

Customer shall indemnify, defend and hold harmless CloudAccess.net, its directors, employees and agents from any action brought against them by any third-party in connection with this Contract, or any other contract between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Client shall pay all damages and reasonable attorney fees arising as a result of Client's use or misuse of any rights granted herein.

Client represents and warrants that Client will comply with all applicable state and federal laws. The Client also agrees to follow through with this Contract in use and operation of the CloudAccess.net service, including laws governing technology, software and trade secrets.

Client represents and warrants that Client has full authority and right to enter into this Contract and that there are no conflicting claims relating to the rights granted by this Conflict.

Client represents and warrants that Client’s performance of this Contract and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party.

CloudAccess.net represents and warrants that CloudAccess.net's services shall be performed in a professional and workmanlike manner, and the applicaiton hosting will be operated in accordance with CloudAccess.net's obligations as defined by this Contract.

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, CLOUDACCESS.NET MAKES NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS CONTRACT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NONINFRINGEMENT.

Client expressly agrees that use of CloudAccess.net Service is at Client’s own risk. Neither CloudAccess.net, CloudAccess.net employees, affiliates, agents, third-party information providers, merchants, licencors or the like, warranty that the Hosting Service will not be interrupted or error free; nor does CloudAccess.net make any warranty as to the results that may be obtained from the use of CloudAccess.net' Hosting Service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through CloudAccess.net’s service, unless otherwise expressly stated in this Contract.

Under no circumstances, including negligence, will CloudAccess.net, CloudAccess.net officers, agents or anyone else involved in creating, producing or distributing CloudAccess.net's Dedicated Server Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use CloudAccess.net's Dedicated Server Service. CloudAccess.net will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to CloudAccess.net’ records, programs or services. Client acknowledges that this paragraph shall apply to all content on the Dedicated Server.

Client’s exclusive remedy for all damages, losses and causes of actions whether in the Contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount which Client paid during the 1 month period prior to the date the cause of action arose, or (b) include any incidental, consequential, exemplary or punitive damages of any kind, including without limitation, loss of data, file, profit, goodwill, time, savings or revenue.