Service Contract for All Customers, Subscribers, Clients, Resellers and Business Associates Preliminaries:
CloudR Technologies (“CloudR Technologies.com”), is a Web Presence
Provider.
The purpose of this Service Agreement / Service Contract “the Agreement”, “AUP” “Service Contract”, “Terms of Service” is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the services of CloudR Technologies for the registration and
renewal of the registration of a domain name, or by opening an account for any of the entire range of services available with www.CloudR Technologies.com for such purpose.
1. Definitions:
As used in this Agreement, the following terms
have the following meanings: a: “you” ,”your”, customer and “Subscriber” refer to each customer, that is, each person who avails or subscribes for any of Services from CloudR Technologies. or www.CloudR Technologies.com b: “Services”
refer to the domain services, shared hosting services, dedicated servers, or any other products/services provided by us as offered through CloudR Technologies.com. c: “Account” means a wholesale account opened with CloudR Technologies for the registration of product /services the payment for
such registrations and any other products/services; and
2. The Agreement:
This Agreement explains our obligations to you,
and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with CloudR Technologies.com or by using any Services under this Agreement, you acknowledge that you have read,
and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on CloudR Technologies’s servers or register for our products/services.
Acceptable Use Policy
CloudR Technologies Acceptable Use Policy (“AUP”) is given
hereunder to give our customers and users a clear understanding of what CloudR Technologies expects of them while using the
services. All users of CloudR Technologies services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of CloudR Technologies Service constitutes acceptance and
agreement to these CloudR Technologies AUP as well as CloudR Technologies TOS (Terms of Service).
IMPORTANT NOTICE:
*All Payments to CloudR Technologies Are Non-Refundable*
We support the uncensored flow of information and
ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites.
However, in accordance with our TOS (Terms of
Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. CloudR Technologies may cooperate with legal/administrative authorities in the investigation
of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your CloudR Technologies account or other appropriate actions WITHOUT PRIOR NOTICE.
The key objectives behind the establishment and
enforcement of CloudR Technologies AUP are:
- Ensure trustworthy service to our customers.
- Ensure privacy & security of our systems and network, as well as the networks and systems of others.
- Maintain our reputation as a responsible service provider.
- Comply with existing laws.
- Encourage responsible use of Internet and discourage activities which reduce the usability and value of Internet services.
- Preserve the value of Internet resources as a medium for free expression and exchange of information.
- Preserve the security & privacy of individual users.
CloudR Technologies intends to provide its customers access
to
everything the Internet has to offer. While CloudR Technologies is firmly committed to the principles of freedom of speech
and expression, certain activities that may be damaging to the resources of both CloudR Technologies and the Internet and
any activity that violates any law cannot be permitted under the guise of freedom of speech and expression.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we detect any inappropriate/illegal use of our service/products/network.
You may not use your virtual site or server to publish
material, which CloudR Technologies determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including graphics (including illustrations, images, photographs, logos, drawings,), narrative descriptions, executable programs, video recordings, and audio recordings.
If a CloudR Technologies account is used to violate the
Acceptable Use Policy or our TOS, we reserve the right to terminate your service without any notice whatsoever.
We prefer to advise/warn customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy at any point of time, for whatever reason, shall not be construed as a waiver of our rights to do so at any time.
As a member of our network community, you must use
your Internet access responsibly and within the legal provisions. If you have any questions regarding this policy, please contact us at Info@gocloudr.com.
Violations of CloudR Technologies Acceptable Use Policy
The following constitute violations of this AUP:
Illegal use:
Services may not be used for unlawful purposes, or in
support of illegal activities. CloudR Technologies reserves the right to cooperate with legal authorities or authorized administrative bodies in the investigation of any suspected civil wrongdoing or crime and in such situation may share the information available with CloudR Technologies with the law enforcement agencies without any notice to you.
Harm to minors:
Use of CloudR Technologies service to harm or attempt to harm
minors in any way, including, but not limited to pedophilic cases and child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without prior notice whatsoever. Upon a second violation, the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage child content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the proper law enforcement agency without any notice to you. Any account discovered to host “Lolita” type content or linking to the same will be given one hour to remove the offending content/domainfailing which we shall remove it immediately.
Harassment:
Use of CloudR Technologies service to transmit any material
(by
e-mail, uploading, posting or otherwise) that harasses anotherperson is not permitted and,as soon as it’s brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
Fraudulent activity:
Use of CloudR Technologies service to make fraudulent offers
to
buy or sell items, or services, or to advance any type of financial scam such as “Ponzi schemes,” “chain letters” and “pyramid schemes” is not permitted and, as soon as brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice. .
Threats:
Use of CloudR Technologies service to transmit any material
(by
e-mail, posting uploading or otherwise) that threatens or encourages bodily harm and/or destruction of propertyis not permitted and, as soon as brought into our notice or we acquire knowledge about it, shall liable to be terminated with immediate effect without any notice.
Forgery or impersonation:
Adding, removing or modifying identifying network
header information in an effort to mislead or deceive is prohibited. Attempting to impersonate somebody by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / unsolicited
bulk e-mail (SPAM):
Our servers may not be the intermediary, source, or
destination address involved in the transmission of spam, mail bombs or flames. Your domain may not be referenced as reply-to address, originator, intermediary, or in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. Any mass unsolicited message in the mediums of Newsgroups and Email would be considered spam by us. You shall not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we shall immediately, without warning, disable your account. Additionally we will impose a $250 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to cancel or refuse service to known spammers. Lastly, we reserve the ultimate right to determine what violates this policy.
On shared hosting, we allow 25 mails within 5 minutes
including (to, cc, bcc) and it is for per domain. And you will have to use SMTP Authentication to send mail from your website.
IMPORTANT NOTICE:
BEGINNING WITH IMMEDIATE EFFECT, any website that
supports spammers or cause any of our IP space to be listed in any of the various Spam Databases shall have their account immediately removed from our network. The account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in permanent and immediate removal of the server from our network without any notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without noticeand CloudR Technologies may at its discretion initiate legal action against spamming.
E-mail / News Bombing:
Malicious intent to block another person’s use of
e-mail services or news will result in the immediate termination of the offending CloudR Technologies account E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, passing or originating through CloudR Technologies service shall be considered as violation of this AUP.
Usenet Spamming:
CloudR Technologies has a zero tolerance policy for the use
of
its network for the posting of messages/commercial advertisements, which violate the regulations, rules, FAQs or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access:
Use of CloudR Technologies service to access, or to attempt
to
access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CloudR Technologies’s or another entity’s computer hardware or software, telecommunications system or electronic communications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is liable to immediate terminationand may also be subject to legal action against such unauthorized access.
Copyright or trademark infringement:
Use of CloudR Technologies service to transmit any material
(by
e-mail, posting, uploading, hot linking, directly linking or otherwise) that infringes any trademark, copyright trade secret, patent, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from books, magazines, or other copyrighted sources, and the unauthorized transmission of copyrighted software will be considered a trademark or copyright infringementand shall be subject to strict legal action.
Collection of personal data:
Use of CloudR Technologies service to collect, or endeavor to
collect, personal information about third parties without their knowledge or consent is violation of this Acceptable usage policy.
Network disruptions and unfriendly
activity:
Use of CloudR Technologies service for any activity which
affects
the ability of other people or systems to use CloudR Technologies services or the Internet is not allowed to customers.
This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination.
CloudR Technologies will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Net Send Spam:
The use of the net send utility to send unsolicited
bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of serviceand initiation of legal action.
Fraud:
Wrongful or criminal deception intended to result in
financial or personal gain and that also Involves intentional misrepresentation or misleading statement,intended to deceive another so that the individual will act upon it to her or his legal injury. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to
and/or causes damage, annoyance or harassment, to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Third Party Accountability:
CloudR Technologies subscribers will be held accountable and
liable for any activity by third parties, using their account that violates guidelines created within this Acceptable Use Policy.
Violation of CloudR Technologies Virtual
Accounts:
It is absolutely forbidden in every way to host
pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without any refund whatsoever.
IRC networks:
Hosting an IRC server is absolutely forbidden either
inpart of or connected to another IRC network or server. Servers found to be connecting to or part of these IRC networks will be immediately removed from our network without any prior notice. The server will not be reconnected to the network until such time that you agree to fully remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Domains Chargeback Resolution:
If the fee or payment for a domain or set of domains
is charged back, CloudR Technologies has the right to take control of the domain or set of domains that was paid for by the
disputed charge. CloudR Technologies will change the domain account information as needed to take control of the domain or
set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
Peer to Peer Software (File Sharing):
The use of Peer to Peer or file sharing software to
permit the copying, sharing or distribution of unauthorized copyrighted material on CloudR Technologies service is totally
prohibited. Use of such software could result in suspension of service.
Resource Usage Policy (Applicable For Shared Hosting)
Processes
Processes invoked by the web server, cron, shell or
any other method should not exceed the following limitations:
- Consume more than 40 MB of RAM.
- Utilize in excess of 15 seconds of CPU time.
- Number of open files should not exceed 64.
- Create core dumps.
- Number of simultaneous processes should not exceed 5.
- Execute a script/binary that forks in a way to create a fork bomb.
- Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
Database Restrictions
- All users are restricted to 15 concurrent MySQL/MSSQL connections.
- Database queries should not exceed 3,000 per hour.
- Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
- Database servers should not be used as a hosted solution. Database access should only be used for the website hosted by CloudR Technologies.
- Remote database access is for administrative purposes only.
Files and Directories
The total number of inodes in an account may not
exceed 75,000. Every file (a webpage, image, email, PHP file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 2,500 immediate
child files. This includes subdirectories themselves, but does not include files contained within those directories.
Web
Simultaneous IIS/Apache connections may not exceed 50
from one individual source at any given time. Web processes should not fork or spawn sub processes.
Email and Mailing Lists
Files in excess of 10 MB should not be sent via email.
Processes should not send outbound mail to more than 25 recipients at any given time – 25 Emails/5min. POP connections are limited to 60 per hour. SMTP connections (outbound email connections) are limited to 500 per hour per server account. Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed. Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am ET during the week. Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended. We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this. No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
Cron Jobs
All cron jobs must be ‘niced’ to 15 or greater (see
the Unixmanpage for “nice” for more information). A cron job should not execute more frequently than once every 15 minutes.
Defining Unlimited
CloudR Technologies is although having plenty of available
system
resources but to avoid too much consumption of resources by any single user, CloudR Technologies has placed limits on the
amount of a server’s resources that any given user may consume and the same shall be applicable to you as well.
While these are limits, server abuse is not limited to these policies and is up to CloudR Technologies’s discretion to what
constitutes server abuse.
On certain web hosting plans, CloudR Technologies does not
place
limits on the amount of particular resources a single client may use. CloudR Technologies makes every reasonable effort to
provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. CloudR Technologies monitors all servers via automated and non-automated methods to help ensure no
single client adversely impacts other clients located on the same server.Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.
It is made clear that in case of VIP hosting you shall
be allowed to consume up to a maximum 8% of CPU usages, can send 1000 mails per hour per domain and 100 mails within 5 minutes including all cc, bcc and to.
In similar manner maximum 4% CPU resources can be
consume in case of shared hosting and CloudR Technologies shall allow only 500 MB mail box size , 5 GB as total mail box
size per domain. It is further clarified that in case of shared hosting, maximum 250 mails can be sent per domain with total recipients 25 while mailing 25 mails per 5 min.
Service Restrictions
Pharmacy Sites’ Restriction
Please note that we do not host pharmacy sites on our
servers. If it is brought to our notice by a complainant or if it is discovered that you are using our services to run a pharmacy business, then the reported site will be suspended with immediate effect and no refunds will be made in such a case. As a convenience to the client, and not as a binding commitment, we may inform the client and the complainant about the suspension of the site and reason for the same.
Server Log
No server logs can be provided for the shared hosting
account.
Backups
- CloudR Technologies’s servers are not allowed be used as a backup/storage system and only one cPanel/SiteAdmin backup for that same account is allowed.
- NAS offering given with the servers is a complimentary service and this is not included in standard management services offered by CloudR Technologies.
Reselling
Reselling is not allowed on Shared hosting plans. If
reselling is desired, a reseller plan must be purchased. All the domains for a particular shared hosting account need to have single ownership. CloudR Technologies holds the full right to suspend/terminate the shared hosting accounts
that have domains with multiple ownerships.
Adult Content
Pornography is strictly prohibited. Nudity,
adult-oriented e-commerce stores, and similar are allowed if the content is legal in the India. CloudR Technologies.com will be the sole arbiter as to what constitutes a violation of this provision.
General
- Search Engine Optimization (SEO) farms or similar are strictly forbidden on CloudR Technologies’s servers
and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients. - Banner rotation services and link exchange networks are not permitted.
- Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
- Off-site media storage is not permitted.
- Operating a public mirror site is not permitted.
- Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
- Prime bank or bank debenture related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
- Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are forbidden.
- The operation of gaming servers (such as but not limited to Minecraft, Counter-Strike, Half-Life, battlefield1492) are forbidden.
- Web spiders and indexers are not permitted.
- The abovementioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.
- Fake hits through API, single IP or other malicious sources will not be entertained.
Dedicated Server Management
If the client had opted for server management services
from CloudR Technologies, then CloudR Technologies has an authority to curtail the root access of the server for the client.
In case,
client demands for root access in order to upload any applications or tamper with the server then CloudR Technologies shallnot be responsible for any mis-happenings/server failure. The client will be solely responsible for the mis-happenings and CloudR Technologies will not be liable for any support in order to restore the server to its previous
state. CloudR Technologies Support team may ask for the appropriate amount, to be paid by client, in order to restore the
server (only if the backup is available).
Dedicated Servers
Third party script installation is at client’s own
risk. CloudR Technologies will not be responsible for any data loss/ security issues that occur due to the third-party software that clients install at their end or get them installed by CloudR Technologies team.
Reseller Hosting
CloudR Technologies will not entertain reseller’s clients’
queries.
WordPress Hosting, SSD Hosting
All terms and conditions for WordPress and SSD hosting
remain the same as Linux shared hosting services. In addition to them, in WordPress hosting, there’s a sending limit of upto 1000/hour and mail box size is of 2 GB.
Microsoft Office 365
Your use of the Products is subject to the Microsoft Exchange Online Limits, which are hereby incorporated by reference, for the applicable Product you purchase, including but not limited to terms therein governing privacy and the handling of your data. Orders can be placed for monthly, quarterly, six months, 1 yr, 2 yrs, 3 yrs, 4 yrs and 5 yrs billing cycles. Customer can upgrade to higher plan at a nominal cost. Also, email quantity can also be increased any time before due date at a nominal cost.
Money back guarantee and refund is not applicable for
Office365.
Google App
Your use of this product will be subject to our
governing policies regarding privacy and handling of your data. Orders can be placed on per user per month basis. Customers can upgrade to higher plans at a nominal cost. Also, the number of emails that a customer can send also can be increased any time before due date, at a nominal cost.
Money back guarantee and refund is not applicable on
Google Apps on any period of unused billing cycle if client discontinues prior to billing cycle or due to any reason whatsoever.
Cloud Servers
All terms and conditions for fully managed server in
the Cloud remains same as the terms and conditions of VPS hosting. Orders can be placed for monthly, quarterly, six months, 1 yr, 2 yrs, 3 yrs, 4 yrs and 5 yrs billing cycles. Customer can upgrade to higher plans by paying a nominal amount. Money back guarantee and refund is not applicable for Cloud Servers.
- Cloud offer’s server can’t be replaced with client’s existing active server
- Cancellation of existing server will not accepted/applicable incase client wants to utilize the unused credit for this new offer’s servers
All CloudR Technologies’s virtual servers/cloud servers are
configured with dynamic memory. The reason behind using it is that dynamic memory’s run-time configuration changes can reduce downtime and provide increased agility to respond to requirement changes.
E.g.: Let’s say a tenant had 60GB of memory in his
virtual machine (VM) in the beginning, but with booming business, he quickly reached that limit and so, now he needs more memory in his VM. He can afford to double the memory in his VM, but can’t afford to take his workload offline. Here, dynamic memory helps him to get the desired memory increase without suffering downtime.
Terms & Conditions for Public Cloud can be read here.
Sitelock
Orders are accepted for 1 year only. A single SiteLock
order can be used for only a single domain name.
If customer wants to cover multiple domains he/she
needs to buy SiteLock order for each domain.
Money back guarantee and refund is not applicable on
SiteLock.
Easy Website Builder
Orders are accepted for 1 year only. Money back
guarantee can be availed by the only within 25 days of placing the order. Refund is not applicable for Easy Website Builder.
The Service Level Guarantee shall not apply to the
following performance issues:
- Caused by factors outside of CloudR Technologies reasonable control.
- That resulted from any actions or inactions of the Customer or any third parties.
- That resulted from the Customer’s software and / or third party software, not within the sole control of CloudR Technologies.
- Caused by a Force Majeure event.
- Planned / Scheduled Maintenance for which CloudR Technologies had provide notice of forty eight (48) hours or more.
- Any Network outage arising out of Virus / Denial Of Service attacks and / or the usage / utilization in excess of 80% of the contracted bandwidth (rate-limit customers) / capacity of physical link.
Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server.
Your password grants access to your account. It is
your responsibility to keep your passwordsafe and secure. Sharing your account access and passwords with unauthorized users is not advisable. You should not allowothers to access your account since you shallbe held responsible for such use or activity of your account.
You must adopt adequate security measures to prevent
unauthorized use of your account.
Attempting to obtain another user’s account password
is strictly prohibited, and may result in termination of service.
You may not attempt to circumvent user authentication
or security of any host, account or network. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, however are not limited to cracking tools, password guessing programs or network probing tools.
You may not attempt to interfere with service to any
host, user or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, attempts to “crash” a host and deliberate attempts to overload a service.
Users who violate network or systems security may
incur civil or criminal civil liability. CloudR Technologies will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violationseven without any prior intimation.
Network Performance
CloudR Technologies accounts operate on shared resources.
Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Basic and Standard Customer agrees that he/she shall
not use more than 5% of CPU processing and / or more than 50 Mb of RAM on any of CloudR Technologies’ sshared hosting servers. Also Unlimited Customer agrees that he/she shall not use more than 7% of CPU processing and /or more than 100 Mb of RAM on any of CloudR Technologies’ sshared hosting servers. Any violation of this policy may result in corrective action by CloudR Technologies, in its sole reasonable discretion, including assessment of additional standard
charges, disconnection or discontinuance of any and all services, or termination of this service.
You are prohibited from excessive consumption of
resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of CloudR Technologies systems or networks. CloudR Technologies reserves
the right to terminate or limit such activities.
Backup of Data
Your use of the service is purely at your sole risk.
CloudR Technologies is not responsible for files and data residing on your account. You agree to take full responsibility
for files and data transferred and to maintain all appropriate backup of files and data stored on CloudR Technologies servers, unless otherwise specified depending on the account type.
CloudR Technologies performs nightly backups (3 times in a
week
for website/mail; daily for database) of shared and reseller servers; however, these backups are for CloudR Technologies’s
administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. CloudR Technologies does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on CloudR Technologies’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. It is your responsibility to take back up of your site at your personal computer.
We make no guarantees about the availability of backups.
E-mail Server Usage
- The mails in deleted folder will get automatically deleted after 30 days. Rest items will get automatically deleted after 3 months (Not from the MS Outlook but from email server).
- No client can use email server for data storage including the option of leaving a copy on the server.
Nameservers and Servers
It is client’s responsibility to change the
nameservers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable for changing of nameservers or any delay associated with it. No complaint tickets in this regard shall be entertained also.
All genuine and valid password reset requests from
owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority. The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes.
Our SLA agreement of 99.9% uptime is applicable only
to network availability and it does not take into account elements like emergency downtimes and hardware failure.
Identification Information
You agree that you as the person legally responsible
for use of this account has attained 18 years of age. You agree to supply CloudR Technologies with a current and truthful
name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate and take legal action against any possible fraudulent credit card use.
Refusal or Discontinuation of Service
CloudR Technologies reserves the right to refuse or
discontinue
service to anyone at CloudR Technologies’s sole discretion after giving a notice of 15 days. CloudR Technologies may deny you access
to all or part of the service without notice if you engage in any conduct or activities that CloudR Technologies in its sole discretion believes violates any of the terms and conditions in this agreement. CloudR Technologies shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
No Warranties
CloudR Technologies makes no warranties or representations of
any
kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by CloudR Technologies or its employees shall create a warranty. CloudR Technologies provides no warranty that the
service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall CloudR Technologies be liable
for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with CloudR Technologies’s service or any of its terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on
CloudR Technologies’s servers, such information becomes available to all Internet users and that CloudR Technologies has no way of
limiting or restricting access to such information or protecting such information from copyright infringement.
You assume total responsibility and risk for your use of CloudR Technologies servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through CloudR Technologies or on the
Internet generally.
Agreement for Domain Name’s Change of Registrant
This Domain Name’s Change of Registrant Agreement
(“Agreement”) is by and between www.CloudR Technologies.com (“CloudR Technologies”) a Jaipur-based company and you, your heirs,
agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This agreement sets forth the terms and conditions of your use of CloudR Technologies’s Change of Registration and represents
the entire agreement between you and CloudR Technologies. This Agreement sets forth the terms and conditions of transferring a registered domain name from the current Registrant (“Current Registrant”) to the new registrant (“New Registrant”). By participating in this transaction, you acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this agreement, including our dispute policy below along with any new, additional or different terms, policies or conditions, including the Terms of Service which CloudR Technologies may establish from time to time.
In addition to transactions entered into by you on
your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses the account you’ve established with CloudR Technologies, whether or not the transactions were in your behalf.
You acknowledge that CloudR Technologies or its licensor is a
registrar bound by an agreement between CloudR Technologies or its licensor and the ICANN. You agree that CloudR Technologies or its
licensor may modify such agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by CloudR Technologies or its licensor.
1. CloudR Technologies’s role in this
transaction
The Current Registrant and The New Registrant both
agree that they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree CloudR Technologies’s sole role in connection with this Agreement is as processor of
the transfer of the registration for the Domain Name and CloudR Technologies’s only responsibility under this Agreement
will be to process the electronic transfer of the registration for the Domain Name.
The Current Registrant and New Registrant assume
full responsibility for the legal validity of the transfer of the Domain Name. Once the Current Registrant initiates the Change of Registrant Request, CloudR Technologies will send a confirmation email to the New Registrant.
You acknowledge and agree the New Registrant must log into its account and confirm the terms of the domain name change within ten (10) days of receipt of this email. In the event the New Registrant fails to confirm the change within such ten (10) day period, you acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the processafresh.
Upon completion of the Change of Registrant of the
Domain Name, CloudR Technologies will send an email to the Current Registrant confirming the change of Registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of Registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying CloudR Technologies of any objection within fifteen (15) calendar days. The Current Registrant agrees to release, indemnify and hold CloudR Technologies harmless for any issues that arise as a result of an improper change of Registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf. The domain name may not be transferred to another registrar within sixty (60) days of the completion of the change of Registrant transaction (the “Transfer Prohibition Period”). In the event the domain name is subject to another change of Registrant within the Transfer Prohibition Period, the 60-day Transfer Prohibition Period will begin again upon completion of the subsequent change of Registrant transaction.
2. Legal agreements
Current Registrant acknowledges entering into a
Domain Name Registration Agreement (hereinafter referred to as “Registration Agreement”) with CloudR Technologies.
The
Current Registrant releases and discharges CloudR Technologies from any and all obligations and liabilities to it under
the Registration Agreement. Current Registrant acknowledges that there’s no due refund of any fees previously paid to CloudR Technologies under the Registration Agreement nor is he entitled to receive any other fees or
funds previously paid to CloudR Technologies. The New Registrant agrees to be bound by the agreements governing all domain names registered through CloudR Technologies as found here, including the Domain Name Registration Agreement;
the Uniform Domain Name Dispute Resolution Policy; this Agreement; and CloudR Technologies’s policies and procedures as
posted on its web site. The New Registrant hereby agrees that all rights and liabilities of Current Registrant under the Registration Agreement are hereby transferred and assigned to New Registrant.
3. Representations and warranties of
current registrant and new registrant
The individuals who electronically execute this
Agreement on behalf of the Current Registrant and the New Registrant hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the entities and/or the persons for which they sign below, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.
4. Successors and assigns
This Agreement and all of its terms shall be
binding upon and inure to the benefit of the Current Registrant, the New Registrant and their successors, assigns, principals, agents and employees and CloudR Technologies. There are no third-party beneficiaries of this Agreement.
5. Provisions specific to .In
registrations
You, the Registrant, shall indemnify and hold
harmless .IN Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) .IN domain name registration and (ii) use of any .IN registered domain name. The New Registrant certifies that it meets the following Nexus Requirements to qualify to register to use domain name.
A. Registrants must be either:
1. A natural person (i) who is an Indian citizen,
(ii) who is a permanent resident of the India or any of its possessions or territories, or (ii) whose primary place of domicile is in the India or any other nation or,
2. A foreign entity or organization that has a
bonafide presence in India or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in India, or (ii) maintains an office or other property within India.
B. The name servers listed for all .IN
domain names must be based within the India or any of its possessions or territories.
The New Registrant further certifies that
CloudR Technologies
has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. The New Registrant understands and agrees that such information will be verified and will be shared with the .In Registry.
The New Registrant understands and agrees that if
such information cannot be verified, or if the New Registrant fails to continue to abide by the Nexus Requirements, the registered Domain Name shall be subject to immediate cancellation.
6. CloudR Technologies has no liability to new
registrant for validity of transfer
The New Registrant assumes full and complete
responsibility for and agrees CloudR Technologies shall have no liability for:
- Current Registrant’s actual registration of the Domain Name.
- Current Registrant’s legal right and ability to transfer registration of the Domain Name to New Registrant.
Any and all situations existing prior to this
Agreement or that may arise which cause the transfer of registration of the Domain Name to New Registrant to either be delayed or not to take place.
The validity and/or enforceability of New
Registrant’s entitlement to the registration of Domain Name when the transfer is consummated.
7. Limitation of CloudR Technologies’s
liability
In addition to the limitation of liability
provided in the terms of service agreement, both the current registrant and the new registrant agree that CloudR Technologies shall not be liable under any circumstance for (a) suspension, loss, or modification of the domain
name registration, regardless of the actions of any party to this agreement, (b) use of the domain name registration, or the inability to use or benefit from the domain name registration, by any party to this agreement, (c) interruption of business of either the new or current registrant, (d) access delays or interruptions of access to CloudR Technologies’s website or to any other websites, (e) the non-delivery, mis-delivery,
corruption, destruction or other modification of data, (f) the processing of this application or any other application for service or request for service from CloudR Technologies, or (g) application of any dispute policy or
the policies and procedures as adopted by ICANN, it’s successors or any other regulatory body.
Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999)
1. Purpose
This Domain Name Dispute Resolution Policy (the
“Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at dispute policy, and the selected administrative-dispute-resolution service provider’s supplemental rules.
2. Your Representations
By applying to register a domain name, or by
asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
3. Cancellations, Transfers, and
Changes
We will cancel, transfer or otherwise make changes
to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8,
our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or
arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an
Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make
changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory administrative proceeding in
all such cases
This Paragraph sets forth the type of disputes for
which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a “Provider”).
a. Applicable Disputes.
You are required to submit to a mandatory
administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, thatyour domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and you have no rights or legitimate interests in respect of the domain name; and your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three (3) elements are present.
b. Evidence of Registration and Use in
Bad Faith.
For the purposes of Paragraph 4, the following
circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name;
Or
You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct;
Or
You have registered the domain name primarily for the purpose of disrupting the business of a competitor;
Or
By using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to
and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer
to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4.
before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services;
Or
You (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights;
Or
You are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider.
The complainant shall select the Provider from
among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and
Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for
initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
f. Consolidation.
In the event of multiple disputes between you
and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection
with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative
Proceedings.
We do not, and will not, participate in the
administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies.
The remedies available to a complainant
pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and
Publication.
The Provider shall notify us of any decision
made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court
Proceedings.
The mandatory administrative proceeding
requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision.
We will then implement the decision unless we
have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All other disputes and
litigation
All other disputes between you and any party other
than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our involvement in disputes
We will not participate in any way in any dispute
between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the status quo
We will not cancel, transfer, activate,
deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfer of a Domain Name to a New
Holder
You may not transfer your domain name
registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registrars
You may not transfer your domain name
registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subjected to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any
time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us.
The revised Policy will apply to you until you cancel your domain name registration.
Prior Agreements
This agreement supersedes any written, electronic, or
oral communication you may have had with CloudR Technologies or any agent or representative thereof, and constitutes the
complete and total agreement between the parties.
Severability
If any provision of this agreement is determined to be
invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Revisions to this Acceptable Use Policy
CloudR Technologies reserves the right to amend, revise or
modify
this Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Terms of Service
CloudR Technologies.com (“The Company”) agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CloudR Technologies Service constitutes acceptance and
agreement to CloudR Technologies’s AUP as well as CloudR Technologies’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of CloudR Technologies.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at
the discretion of the Company. Subscriber/customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.