Terms Services Cloudware

General Terms of Service

"You" (the users) and Cloudware Technologies Private Limited (an Indian firm) have come to an agreement in these Terms of Service. The following are the main points of this agreement that will apply to your usage of Cloudware's products and services (together referred to as the "Services").

Using the Services after you have read and agree to this Agreement is a big deal. You are not authorized to use or access the Services in any way if you do not agree to these terms. Before committing to any of Cloudware's hosting plans or services, clients must read and agree to all of the company's policies and procedures. At any moment, or if Cloudware determines that the account has been misused, Cloudware has the right to suspend or terminate the customer's access to any or all services offered.

This TOS document has only been officially translated into English. The sole purpose of providing a translated version of this text is to make the English version easier to read and understand. These renditions do not hold the same weight as the original English text and cannot be relied upon as a legal substitute. Whenever there is a disagreement or controversy, the policies and legal agreements written in English will take precedence.

1. Standards of Behavior

Client agrees, by using Cloudware services, that:

• 1.1By using the Cloudware website and services, you agree to abide by this Terms of Service agreement, any other policies or agreements that may be relevant to your services, and all local, state, national, and international laws and regulations.
• 1.2User material and non-public information belonging to other users must not be collected or accessed in any way, shape, or form without the explicit written agreement of those users.
• 1.3
  You must not exploit Cloudware's online platforms in a manner that:

  • Violates the law or encourages others to do so.
  • Participates in or promotes child exploitation or any other kind of CASM.
  • Involves or promotes violence against innocent people, including children, animals, property, or terrorists.
  • Promotes or participates in the transmission of unsolicited mass emails, hacking, or other forms of spamming.
  • Promotes or offers support for prostitution or sex trafficking.
  • Causing harm to another user's or entity's intellectual property.
  • Fails to keep information that is confidential to another person or organization, or infringes their right to privacy or publicity.
  • Causes the Cloudware website or its services to malfunction.
  • Introduces malicious code or programs that disrupt, damage, or limit the functionality of software or hardware.
  • Contains unsubstantiated assertions or promises regarding Cloudware or its services.
  • Illegal Material: This encompasses copyrighted works, commercial audio, video, or music files, as well as any content that violates regulations.
  • Warez: Files that contain pirated software, game ROMs, emulators, hacking techniques, password cracking, IP spoofing, etc.
  • You absolutely cannot be a part of any Topsite, Ponzi, pyramid, prime bank, spam bot, gambling, port scanner, IP scanner, mail harvesting script, or brute force script.
  • The illicit sale of pharmaceuticals, explosives, malware, warez, phishing materials, lottery tickets, gambling, illicit software downloads, etc.
• 1.4Cloudware has the authority to declare any other form of literature or content "prohibited" if it is determined to be generally objectionable, obscene, impolite, or hateful.
• 1.11You are not authorized to host, display, upload, edit, publish, transmit, save, update, or share any content that is in violation of Cloudware's rules or standards. Cloudware retains the right to immediately terminate access or usage rights.
• 1.16Cloudware may terminate applicable services and close any accounts associated with your name, email address, or account if any transactions or activities on your account seem fraudulent, abusive, or suspicious. Reimbursing Cloudware for any losses may be your responsibility.

2. Resource Misuse

• 2.1Cloudware and any other party's or entity's network devices are absolutely protected from any attempt at or actual breach. Scanners for IP ranges, vulnerabilities, and ports are also part of this crime. Service termination may be necessary in the event of a violation.
• 2.2It is absolutely forbidden to start a Distributed Denial of Service (DDoS) attack from our servers or to launch a DDoS assault against Cloudware.
• 2.3Absolutely no content that violates copyright, trademark, or service mark laws may be hosted here. We will examine any legitimate complaint and take appropriate action, including terminating the service.
• 2.5Attempts to destabilize or damage any of our servers are absolutely forbidden. Accounts that misuse our resources will be deactivated immediately without reimbursement.
• 2.7We reserve the right to terminate a client's subscription immediately and without return if they exhibit any form of disrespect towards any member of the Cloudware staff.

3 & 4. Bandwidth Policy

Our policy is to notify the client in the event that their account goes over its bandwidth limit. The customer's account will be suspended until they upgrade their account or take measures to prevent exceeding the limit.

Under normal circumstances, we do not limit the bandwidth that personal or small company websites may use. However, we reserve the right to limit the resources your website uses or demand an upgrade if we determine that your service usage poses a threat to our servers, data storage, networking, or other infrastructure's stability.

7 & 8. Service Availability & Uptime Guarantee

With a few exclusions for things beyond our control, like scheduled or emergency server maintenance, we aim for a service uptime of 99.9%. All clients will be notified via email at least one day before any scheduled maintenance.

• Subject to scheduled maintenance by Cloudware or our network partners, service interruptions or downtime will not count toward the uptime guarantee.
• In the event that third-party services fail, Cloudware will not be held responsible in any manner.
• Cloudware is not responsible for any failure or delay in fulfilling its obligations if it is caused by events beyond its control (e.g., government actions, war, fire, flood, DNS propagation issues).

9 - 13. Pricing, Billing & Cancellations

• 9.3If your service(s) are ended or suspended for any reason, you will not receive a refund.
• 10.1Your web hosting/server account might be suspended or terminated if any invoices go unpaid. You will not be able to access your data until you clear the outstanding fee.
• 11.2Discounts, coupons, and specials may be available during the first term, but once the term ends, our usual pricing applies for renewals. These are time-sensitive deals that are only offered to new customers.
• 12.0All prices displayed on the site do not include any taxes. Only customers in India are subject to the Goods and Services Tax (GST).
• 13.1You can cancel your subscription to our services at any moment through your client area. You must settle all outstanding balances first. Before submitting the cancellation request, you should make sure you have a backup of all your data.

14. Closing Your Account

The following are some of the grounds for terminating your Cloudware hosting account:

• You choose to stop: You can request immediate cancellation or cancellation at the end of your term.
• Nonpayment: If you fail to pay the dues, Cloudware retains the right to stop or end the services. If you fail to renew your hosting account on the due date, it will be suspended for 24 hours and canceled for 72 hours (after the expiration date).
• TOS Violation: Cloudware shall immediately suspend or terminate your account if you break our TOS.
• Fraud: We will promptly suspend or terminate your account if requested fraud verification information is not provided.

16. Safety of Accounts and Business Networks

• 16.1If someone else uses your account without your permission, you will be held liable. So, it's your responsibility to prevent others from doing the same.
• 16.8No matter how you install programs or scripts on your hosting account, it is your responsibility to ensure that they are secure and that directory permissions are configured correctly. Whatever a user does when logged onto their account is entirely their responsibility.
• 16.10Data may be scanned, reviewed, recorded, copied, and utilized for approved reasons during monitoring. Your continued use of the Services constitutes your agreement to such monitoring.
• 16.13No prior notification is required for data center policy compliance, local law compliance, technical reasons, or any other reason that may need us to transfer your account to a different data center.

17. Liability Protection

The client has committed to defend, indemnify, save, and hold Cloudware harmless from any and all demands, lawsuits, costs, liabilities, losses, claims, and reasonable legal fees brought against Cloudware, its agents, customers, officers, employees, and administration due to or arising out of any service rendered, agreed upon to be rendered, or product sold by the client. The customer is obligated to protect Cloudware from any liability that may arise from the sale of products, corruption or deletion of data, or infringement of copyrights.