This Web Hosting Agreement (this “Agreement”) also referenced as the Terms of Service (the “TOS”), is between Cloudteh and the person (individual or legal entity) whom purchases Cloudteh’s service and agrees to the Terms of Service during the set up process (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Cloudteh’s Web hosting service.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Cloudteh’s credit approval requirements, Cloudteh agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Cloudteh generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Cloudteh or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Cloudteh terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Cloudteh breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of current package is to be submitted to Cloudteh prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Customer acknowledges that the cancellation notice is provided prior to the following renewal date in writing to Cloudteh or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Customer agrees to use the service in compliance with applicable law and Cloudteh’s Acceptable Usage Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Cloudteh may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP and TOS are effective on the earlier of Cloudteh’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Cloudteh’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Cloudteh and Customer regarding the interpretation of the AUP, Cloudteh’s commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to Cloudteh that the information he, she or it has provided and will provide to Cloudteh for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Cloudteh that he or she is at least 18 years of age. Cloudteh may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Cloudteh, Cloudteh’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
CLOUDTEH DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW CLOUDTEH DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CLOUDTEH AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Bandwidth overages are billed at the rate of $20 per TB used. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
Cloudteh is not a domain registrar. We are a domain reseller so all Cloudteh customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by our domain provider. You will receive notice from Cloudteh once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. Domain names are billed as separate services and must be kept current to ensure they do not expire. If your domain name has expired, you may renew it at the regular price no more than 25 days after the expiration date. If the domain has been expired for 31 days or more it may have been auctioned off, if so your domain is gone. If your domain was not auctioned you may redeem the domain for a $125 fee no later than 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days of their expiration. All domains will cease to function past their expiration date until renewed. There is no grace period on domain name registrations. Should any payment dispute or chargeback arise regarding your domain name services, access and rights to your domain name will be immediately forfeited. To recover your domain name from forfeiture a reinstatement fee of $75 plus your remaining balance will be required if processed within the original expiration time.
Customer agrees that Cloudteh may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Cloudteh believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Cloudteh highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.
Cloudteh provides complementary backup services for our VPS customers. These snap shots are taken every other day and stored for approximately 7-14 days. Customer agrees to maintain a current copy of all content hosted by Cloudteh notwithstanding any agreement by Cloudteh to provide back up services. Customer acknowledges that any backups provided by or for Cloudteh services are a courtesy service intended for disaster recovery only and that Cloudteh does not warrant or guarantee the availability, integrity, content or operability of these backups.
Cloudteh provides complementary backup services for our Cloud customers. These snap shots are taken every other day and stored for approximately 7 days. Customer agrees to maintain a current copy of all content hosted by Cloudteh notwithstanding any agreement by Cloudteh to provide back up services. Customer acknowledges that any backups provided by or for Cloudteh services are a courtesy service intended for disaster recovery only and that Cloudteh does not warrant or guarantee the availability, integrity, content or operability of these backups.
Shared Cloud Customers:
Cloudteh provides complementary backup services for our Managed Shared Cloud customers. We create and store one weekly and two of the most recent daily backups. Customer agrees to maintain a current copy of all content hosted by Cloudteh notwithstanding any agreement by Cloudteh to provide back up services. Customer acknowledges that any backups provided by or for Cloudteh services are a courtesy service intended for disaster recovery only and that Cloudteh does not warrant or guarantee the availability, integrity, content or operability of these backups.
Managed WordPress Customers:
Cloudteh provides complementary backup services for our Managed WordPress customers. We create and store one weekly and two of the most recent daily backups. Customer agrees to maintain a current copy of all content hosted by Cloudteh notwithstanding any agreement by Cloudteh to provide back up services. Customer acknowledges that any backups provided by or for Cloudteh services are a courtesy service intended for disaster recovery only and that Cloudteh does not warrant or guarantee the availability, integrity, content or operability of these backups.
Dedicated Server Customers:
During any service term, customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a customer should need to request a rebuild/restore after this a $10.00 one time fee will be enforced. If a customer requests a partial restoration of data a nominal fee of $10.00 will be charged for each request.
Notices to Cloudteh under the Agreement shall be given via electronic mail to the e-mail address of [email protected] or via our online ticketing system at https://portal.cloudteh.com/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Cloudteh shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Cloudteh’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
As a Customer of Cloudteh you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by Cloudteh at the time of the dispute.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Cloudteh unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Cloudteh’s prior written consent. Cloudteh’s approval for assignment is contingent on the assignee meeting Cloudteh’s credit approval criteria. Cloudteh may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Last updated on September 17. 2018