Welcome to CloudAccess.net's "Platform as a Service" (PaaS). This "Terms of Services" (TOS) applies to all who are using any form of services provided by Cloudaccess.net.
The list below identifies different client types; it is inclusive but not exhaustive:
CloudAccess.net reserves the right to update and change this TOS without notification. The TOS will also be applicable to the use of any CloudAccess.net trial-based Services. By using any CloudAccess.net Service, you are accepting this TOS.
CloudAccess.net provides each Client a website hosted on the company’s platform. Each website has limited disc space based on the type of account purchased. The Service also includes tools that enable Clients and their Guests to build a website using Joomla or WordPress, which are content management system. Joomla and WordPress are web development toolkits that Clients can use to build a website. Services also include the registration of a domain name and SSL certificates. Additional resources for managing accounts are made available to Clients, but the type and number of resources available depend on the type of account the Client has purchased. Unless explicitly stated, any new features that augment or enhance the current Service, including the release of new CloudAccess.net tools and resources, shall be subject to the TOS. In order to use the Service, Clients must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, Clients must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
By using CloudAccess.net Services, Clients also understand and agree that Services may include advertisements and that these advertisements are necessary for CloudAccess.net to provide Services. Clients also understand and agree that Services may include certain communications from CloudAccess.net, such as service announcements, administrative messages and newsletters. These communications are considered part of CloudAccess.net Services and Clients may not be able to opt out of receiving them. Clients agree not to access Services by any means other than through the interfaces that are provided by CloudAccess.net.
In order to use CloudAccess.net Services, Clients register to become an Account Holder. At that point the Client is issued an ID #. To be an Account Holder with a website, Clients must provide CloudAccess.net with a credit card, billing information and other registration data. Account Holders select a password and account type during the registration process. Just like Clients, Guests must also go through the registration process and provide requested registration data. Account Holders are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
Clients agree to (a) immediately notify CloudAccess.net of any unauthorized use of passwords or account or any other breach of security, and (b) ensure that the account is exited at the end of each session.
CloudAccess.net cannot and will not be liable for any loss or damage arising from Client failure to comply with these expectations. In consideration of use of Services, Clients agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update registration data to keep it accurate, current and complete. If Clients provide any information that is untrue, inaccurate, not current or incomplete, or CloudAccess.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CloudAccess.net has the right to suspend or terminate the Client account and refuse any and all current or future use of Services. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.
The credit card that Account Holders provide will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless CloudAccess.net gives notice to the contrary, payment for the Service is billed on a monthly basis. CloudAccess.net also accepts payments via PayPal, check, bank transfer.
Account Holder agrees that each Service has expressed limitations of that Service, regulated in the description of that particular Service. If Account Holder exceeds the limits additional fees may apply.
Account holder shall be responsible for contacting CloudAccess.net when credit card information has changed or when Account Holder feels they have been incorrectly charged. CloudAccess.net will not be responsible for any fees that occur therein.
You will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrades or downgrades will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged a pro-rata amount for the higher level Service. For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service, to be redeemed automatically in future billing periods. However, there will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars. Please note that downgrading your Service may cause the loss of content and/or features of your website, and CloudAccess.net does not accept any liability for such loss.
Failure to pay all applicable charges and service fees when due, including, but not limited to your credit card being declined or rejected by our merchant account processing gateway, shall be deemed a default cancellation without notice. If you modify your name server settings or other settings activating your site on another service this unilateral action shall be deemed a default cancellation without notice. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) CloudAccess.net shall not refund you any fees paid in advance of such termination. Your termination request must be submitted to CloudAccess.net. It is your obligation to notify CloudAccess.net of any change in billing or contact information in advance of the renewal date. Termination request will not be processed unless all due invoices are paid.
You agree CloudAccess.net, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your website if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if CloudAccess.net believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted website (as applicable) and all its parts, at CloudAccess.net's discretion, will be terminated as well. CloudAccess.net may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CloudAccess.net may immediately deactivate or delete your website, as applicable, and all related information and files. CloudAccess.net reserves the right to bar any further access to such files or the Service. You agree that CloudAccess.net shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
If an Account Holder has been granted a discount for CloudAccess.net's Services and cancels the Service before the Agreed upon period, Account Holder must pay for the all Services used.
Trial accounts will be automatically deleted after 7 days from the expiration of 30 days trial period. We request you to keep the backup of the site if you are developing a site at CloudAccess.net 30 days trial account. CloudAccess.net does not take the responsibility of data after the 30 days of trial period.
You are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website, including those of your Guests. You agree to immediately notify CloudAccess.net of any unauthorized uses of the account or any other breaches of security. CloudAccess.net cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will CloudAccess.net be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not CloudAccess.net, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. CloudAccess.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will CloudAccess.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service. You acknowledge that CloudAccess.net does not pre-screen Content, but that CloudAccess.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CloudAccess.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to CloudAccess.net. You acknowledge and agree that CloudAccess.net may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CloudAccess.net, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in CloudAccess.net's sole discretion as to what action should be taken.
With respect to any additional software that may be made available by CloudAccess.net in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that CloudAccess.net does not pre-screen Content, but that CloudAccess.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, CloudAccess.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CloudAccess.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CloudAccess.net has no control over such sites and resources, you acknowledge and agree that CloudAccess.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CloudAccess.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
You agree to indemnify and hold CloudAccess.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by CloudAccess.net.
You acknowledge that CloudAccess.net may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
CloudAccess.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that CloudAccess.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CloudAccess.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You expressly understand and agree that:
You expressly understand and agree that CloudAccess.net shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CloudAccess.net has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of CloudAccess.net's proprietary rights in them.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and CloudAccess.net shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and CloudAccess.net agree to submit to the personal and exclusive jurisdiction of the courts located within Cheboygan, Michigan. The failure of CloudAccess.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and CloudAccess.net and govern your use of the Service, superseding any prior agreements between you and CloudAccess.net (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other CloudAccess.net services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.