The following Terms of Use apply to ALL CloudDataWorld.com customers:
You agree that Cloud Data World may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Cloud Data World may reasonably make to this Agreement when such changes are made. If You have purchased Services from Cloud Data World , the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
GENERAL RULES
Cloud Data World user policy, which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions. By using any Services, You agree:
You will not use this Site or the Services in a manner (as determined by Cloud Data World in its sole and absolute discretion) that:
• Promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM).
• Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
• Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking,
• Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription.
• Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation or promotes or facilitates prostitution and/or sex trafficking.
• Infringes on the intellectual property rights of another User or any other person or entity
• Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity. Interferes with the operation of this Site or the Services found at this Site.
• Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Cloud Data World.
1. You will NOT forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
3. You will not re-sell or provide the Services for a commercial purpose, without Cloud Data World express prior written consent.
4. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Cloud Data World Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Cloud Data World Content or the User Content therein.
5. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
You are aware that Cloud Data World may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Cloud Data World asks you on any particular call for consent to record such call.
You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Cloud Data World is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Cloud Data World that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice.
You understand that providing consent is not a condition of purchasing any good or service from Cloud Data World. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Cloud Data World that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Cloud Data World. Message and data rates may apply.
Obligations of the Customer:
• The customer is responsible for maintaining its data on the server. The customer is given a password and the internet address to alter and update the data.
• The customer is obliged not to disclose the login information to unauthorized third parties. Customers shall inform Cloud Data World immediately if they obtain knowledge that unauthorized third parties are aware of the password. Unauthorized third parties are not such persons who utilize storage, which forms the subject matter of the agreement, with the knowledge and agreement of the customer.
• Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must heed the data protection provisions to the benefit of the users.
• In the event of an infringement of the above condition, customers are obliged to refrain from all further infringements, to compensate Cloud Data World for the resultant or resulting loss and to indemnify and exempt Cloud Data World from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt Cloud Data World from all legal defense costs (costs for courts, lawyers, etc.).
• This does not affect Cloud Data World right to take further measures, to bar the contents and to issue an extraordinary notice of termination.
Account Eligibility
• To access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Cloud Data World that 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.
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 Cloud Data World has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Cloud Data World reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
• 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 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, Payment Method(s), and shopper PIN.
CLOUD DATA WORLD WILL NOT BE LIABLE FOR ANY LOSS YOU INCUR DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT
Sub-Domains:
The Service Provider may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the Service Provider .
The domain names (and all sub-domains of those domains) are provided at the Service Provider’s discretion. We make no guarantee that:
• You will be provided with a domain name or sub-domain by the Service Provider,
• Any particular domain name is or will continue to be available for you to use.
• No domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.
If any dispute arises in relation to a domain name provided by the Service Provider, then the Service Provider may withhold, suspend or cancel the domain name.
We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Service Provider’s supply or failure or delay in supplying these sub-domains.
No Spam:
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
• Email Messages
• Newsgroup postings
• Windows system messages
• Pop-up messages (aka ” adware”=”” or=”” “spyware”=”” messages)
• Online chat room advertisements
• Facsimile Solicitations
• Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages.
They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email abuse@Clouddataworld.in
You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
User Content
You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for all User Content and any transactions or other activities conducted on or through User Websites.
By posting or distributing User Content on or through the Services, you represent and warrant to us that
• You have all the necessary rights to post or distribute such User Content, and
• Your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to:
• use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content.
• Make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
We exercise no control over, and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement.
YOU HEREBY AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY DUE TO ANY CORRECTIVE ACTION THAT WE MAY TAKE.
Third Party Products and Services
1. 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. 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. By using Cloud Data World Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms.
If you purchase a third party product or service from the Company, you agree to this Agreements AND the following terms and conditions of the third party product or service, which are incorporated herein and made a part of this Agreement by reference:
• SiteLock: https://www.sitelock.com/terms
• CodeGuard: https://www.codeguard.com/terms-of-service/
The following are examples of where you attest that You agree to third-party software terms. The examples are not exhaustive. If You order cPanel to use for Your hosting services, Your order constitutes explicit agreement with cPanel’s terms and You authorize Cloud Data World to agree to such terms on Your behalf. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Cloud Data World.
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.
2. 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.
Payment Charges:
You are liable to pay the following fees:
• fees for Excess Traffic Usage (if any) for each month, and
• fees for Excess Storage (if any) for each month,
• fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,
Our current Charges are set out in your quotation. They will apply to you for the duration of the billing period. We reserve the right to change our Charges. If we change our Fees, then we will provide you with notice through the Cloud Data World website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.
Billing
At the commencement of this agreement, the following billing method is implemented:
• annual billing for the hosting fees applicable to your Hosting Plan,.
You must pay all Service charges, minimum charges and other amounts incurred by you or any User or incurred as a result of any use of your password (whether authorized or not) in accordance with the billing option you selected.
Invoicing
• Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from Cloud Data World.
• We reserve the right to immediately terminate the Service if payment is not received timely.
• The Service Provider and Cloud Data World are not responsible for data integrity on accounts suspended for non-payment.
Cancellations and Refunds:
Refunds
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated servers, or additional products or services such as shared VPS hosting, Site Lock install fees for custom software, and/or any other products or services of the Company.
Cancellation Process
You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.
Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.
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. THE STORAGE PROVIDED TO CONSUME FOR RUNNING THE SITE, NOT AS USING THE DATA STORAGE OR BACKUP PURPOSES.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
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
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.
Termination
We may terminate your access to the Services, in whole or in part, without notice in the event that:
• you fail to pay any fees due,
• you violate this Agreement,
• your conduct may harm the Company or others or cause the Company or others to incur liability, as determined by us in our sole discretion; or as otherwise specified in this Agreement.
In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, the Company may charge you for all fees due for the Services for the remaining portion of the then current term.
Customer Support
Cloud Data World provides customer support to You at no additional fee for issues related to Cloud Data World service only. Cloud Data World has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
You must provide Cloud Data World with all information and access to facilities that Cloud Data World may reasonably require to provide the requested customer support.
You should not abuse the customer support system. Abuse of the customer support system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the customer support system may result in warning, customer support access restrictions, account suspension or possible account termination with no refund. Cloud Data World has the sole right to decide what constitutes abuse of the customer support system.
Limitation of Liability
IN NO EVENT SHALL CLOUD DATA WORLD , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
• THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
• THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
• THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
• THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
• ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
• ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE,
• ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CLOUD DATA WORLD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Compliance With Local Laws
Cloud Data World makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
