General Terms of Service
"You" (the users) and Cloudware Technologies Private Limited (an Indian firm) have come to an agreement in these Terms of Service. The following are the main points of this agreement that will apply to your usage of Cloudware's products and services (together referred to as the "Services"). Using the Services after you have read and agree to this Agreement is a big deal. You are not authorized to use or access the Services in any way if you do not agree to these terms. Before committing to any of Cloudware's hosting plans or services, clients must read and agree to all of the company's policies and procedures. At any moment, or if Cloudware determines that the account has been misused, Cloudware has the right to suspend or terminate the customer's access to any or all services offered.
This TOS document has only been officially translated into English. The sole purpose of providing a translated version of this text is to make the English version easier to read and understand. These renditions do not hold the same weight as the original English text and cannot be relied upon as a legal substitute. Whenever there is a disagreement or controversy, the policies and legal agreements written in English will take precedence.
1. Standards of Behavior
Client agrees, by using Cloudware services, that:
1.1 By using the Cloudware website and services, you agree to abide by this Terms of Service agreement, any other policies or agreements that may be relevant to your services, and all local, state, national, and international laws and regulations. This includes any content that you provide.
1.2 User material and non-public information belonging to other users must not be collected or accessed in any way, shape, or form without the explicit written agreement of those users.
1.3 You must not exploit Cloudware's online platforms in a manner that:
a) Violates the law or encourages others to do so.
b) Participates in or promotes child exploitation or any other kind of CASM.
c) Involves or promotes violence against innocent people, including children, animals, property, or terrorists.
d) Promotes or participates in the transmission of unsolicited mass emails, hacking, or other forms of spamming.
e) Promotes or offers support for prostitution or sex trafficking.
f) Causing harm to another user's or entity's intellectual property.
g) Fails to keep information that is confidential to another person or organization, or infringes their right to privacy or publicity.
h) Causes the Cloudware website or its services to malfunction.
i) Introduces malicious code or programs that disrupt, damage, or limit the functionality of software or hardware, such as viruses, worms, bugs, Trojan horses, or any other similar threats.
j) Contains unsubstantiated assertions or promises regarding Cloudware or its services that are not backed by evidence or fair comparisons.
k) Illegal Material—This encompasses copyrighted works, commercial audio, video, or music files, as well as any content that violates regulations or is misleading in any way.
l) Warez — Files that contain pirated software, game ROMs, emulators, hacking techniques, password cracking, IP spoofing, and encryption of any of the aforementioned are all part of warez. Any website that gives "links to" or "how to" instructions regarding such content is likewise included.
m) You absolutely cannot be a part of any Topsite, Ponzi, pyramid, prime bank, spam bot, gambling, port scanner, IP scanner, mail harvesting script, or brute force script.
n) The illicit sale of pharmaceuticals, explosives, malware, warez, phishing materials, lottery tickets, gambling, illicit software downloads, high yield investment programs, escrow services, adult thumbnail galleries/banner exchanges, and the live broadcasting or streaming of copyrighted events.
1.4 Cloudware has the authority to declare any other form of literature or content "prohibited" if it is determined to be generally objectionable, obscene, impolite, or hateful.
1.5 We have decided that you must not do anything that could put an unreasonable stress on our infrastructure or engage in dishonest or damaging behavior.
1.6 Without Cloudware's express permission, you may not copy or redistribute any part of this website.
1.7 You are not allowed to alter this website, its services, or any associated technology in any way.
1.8 If you wish to access Cloudware Content or user content, you must do so through this Site or in accordance with Cloudware's instructions.
1.9 Without Cloudware's explicit agreement, you may not resell or offer the Services for commercial use, including any products or services affiliated with Cloudware.
1.10 You are not allowed to disable, circumvent, or otherwise impede any security measures implemented to protect this website or its services, the Cloudware Content, or the User Content that is contained within. This includes any measures that prohibit or restrict the use, copying, or bypassing of Cloudware Content or User Content.
1.11 You are not authorized to host, display, upload, edit, publish, transmit, save, update, or share any content that is in violation of Cloudware's rules or standards. Cloudware retains the right to immediately terminate access or usage rights to any computer resource or remove non-compliant information, or both, as determined appropriate, in the event that you do not comply with Cloudware's rules, regulations, privacy policies, or user agreements pertaining to the use of any computer resource.
1.12 You agree to provide picture identification and/or business identification provided by the government for the purpose of identity verification when requested.
1.13 Cloudware may call you to discuss your account. You consent to recording these calls in accordance with legal requirements. Furthermore, you understand that these recordings could serve as evidence in legal cases related to Cloudware.
1.14 By providing your phone or mobile number, you agree to receive automated or prerecorded marketing calls from Cloudware. Any purchase of Cloudware products or services does not necessitate your approval for these calls. In a similar vein, by giving Cloudware your phone number, you give them permission to send you automated marketing texts. Rates for messages and data may be standard.
1.15 Cloudware expressly reserves the right to refuse, cancel, terminate, suspend, or limit future access to this Site or any Services (including, but not limited to, the right to cancel or transfer any domain name registration) for any User, in addition to the rights laid out elsewhere in this Agreement:
a) As a result of a prior suspension or termination of their Account or Services, whether for reasons related to this Agreement, another Agreement, or Cloudware policy.
b) Who, in Cloudware's sole discretion, has participated in illegal or otherwise improper behavior while utilizing the Site or Services.
1.16 Cloudware may terminate applicable services and close any accounts associated with your name, email address, or account if any transactions or activities on your account seem fraudulent, abusive, or suspicious. Reimbursing Cloudware for any losses, including legal expenses and damages, may be your responsibility if it determines, in its sole judgment, that any behavior is fraudulent. Cloudware has the right to pursue legal action. Please contact Cloudware customer service if you have any concerns about service cancellations, account freezes, or closures.
1.17 By making a purchase from our website, you affirm that you are at least 18 years old.
If you think a website hosted on our service is infringing on your copyrights, you can follow the procedures that Cloudware has put in place to comply with the DMCA statute. Email abuse@Cloudwareindia.com with any copyright concerns.
2. Resource Misuse
2.1 Cloudware and any other party's or entity's network devices are absolutely protected from any attempt at or actual breach. Scanners for IP ranges, vulnerabilities, and ports are also part of this crime. Service termination may be necessary in the event of a thorough investigation into any violation or suspected violation.
2.2 It is absolutely forbidden to start a Distributed Denial of Service (DDoS) attack from our servers or to launch a DDoS assault against Cloudware. Service termination may be necessary in the event of a thorough investigation into any violation or suspected violation.
2.3 Absolutely no content that violates copyright, trademark, or service mark laws may be hosted here. The storing and transmission of pirated movies, music, software, ring tones, or any other content that is deemed a "Warez" is also included in this policy. We will examine any legitimate complaint and take appropriate action, including terminating the service, if necessary.
2.4 Disseminating private, scandalous, or libellous material about an individual without their authorization, purposefully causing emotional distress, or infringing upon copyrights, trademarks, or other forms of intellectual property.
2.5 Attempts to destabilize or damage any of our servers are absolutely forbidden. In the event that our clients' accounts are compromised, we will not be held liable. Accounts that misuse our resources will be deactivated immediately without reimbursement if no action is taken to stop the activity.
2.6 New terms may be presented to any site that we determine is utilizing an excessive amount of CPU cycles or resources, which could lead to upgrades for other sites. As a result of the updates and upgrades that are part of our maintenance, we are unable to completely guarantee the 99.9% uptime that we offer.
2.7 We reserve the right to terminate a client's subscription immediately and without return if they exhibit any form of disrespect towards any member of the Cloudware staff.
3. Rules for Bandwidth
Our policy is to notify the client in the event that their account goes over its bandwidth limit. The customer's account will be suspended until the customer upgrades their account or until they take measures to prevent the limit from exceeding again, whichever comes first, if they do not want to upgrade or purchase additional bandwidth. In the month that follows, the account will be activated again.
4. Bandwidth without a cap
Under normal circumstances, we do not limit the bandwidth that personal or small company websites /applications may use, so long as they adhere to the terms of this agreement. However, we reserve the right to limit the resources your website uses or to demand an upgrade to a VPS if we determine that your service usage or content poses a threat to our servers, data storage, networking, or other infrastructure's stability, performance, or uptime.
5. Details of Your Account
Make an Account before you may use any of our services. We have the right to change the login and password that we assign you when you place an order. The official email ID of Cloudware will be used to notify you of any changes. By creating and using your Account, you attest that all information you have supplied is true, accurate, and comprehensive. It is critical that you safeguard your login information because you are accountable for any actions taken on your account, regardless of whether you allowed them or not. If you see any suspicious activity related to your account or security breaches, please let us know right once.
6. Restore Procedure
6.1 Utilizing the hosting services is completely at your own discretion and risk. In order to ensure that your content is always accessible, you are obligated to create backups of it. You acknowledge and agree that there is a risk of losing any and all user content because cloudware does not guarantee that it backs up any accounts or user content.
6.2.2 You, the user of Cloudware, acknowledge and agree that Cloudware is not liable for any data loss, under any circumstances.
Clients should seriously consider our premium backup options for VPS and Dedicated Servers (6.3).
7. Consistent Availability of Services
With a few exclusions for things beyond our control, like scheduled or emergency server maintenance, we aim for a service uptime of 99.9%. All clients will be notified via email at least one day before any scheduled maintenance. A skilled engineer will fix your server within 30 minutes of being notified of an issue. If the issue continues for more than 30 minutes, you will be notified quickly with the details of the problem and an approximate time for resolution. The email addresses you provided during registration may get notifications.
8. Guaranteed Uptime Policy
8.1 Subject to scheduled maintenance by Cloudware or our network partners, service interruptions or downtime will not count toward the uptime guarantee.
8.2 In the event that third-party services fail, Cloudware will not be held responsible in any manner.
8.3 Cloudware is not responsible for any failure or delay in fulfilling its obligations if it is caused by events beyond its control. These events can include, but are not limited to, government actions, war, insurgency, sabotage, embargo, fire, flood, strike, or other labor disturbance. Other examples of such events include transportation disruptions, problems with third-party services (such as DNS propagation), failures in third-party software or hardware, or issues obtaining raw materials, supplies, power, or equipment required for the services.
9. Pricing Procedures
9.1 The account will be set up immediately after payment is made using a credit card, debit card, net banking, UPI, or PayPal. If payment is made by check, please allow 5 days for the check to clear before the account can be set up.
9.2 Any changes made to the software license firm's price pattern or policy will instantly impact Cloudware customers.
9.3 If your service(s) are ended or suspended for any reason, you will not receive a refund.
9.4 The amount you get back will not pay for taxes, setup fees, refund processing fees, shipping costs, or bank fees. Refunds will not be given if the web hosting account was involved in any illegal activity, overused system resources, or if the violation occurred after 30 days or beyond the refund policy's coverage, as mentioned earlier.
9.5 Please submit the cancellation request via the client area.
10. Payment Delayed or Not Made at All
10.1 Your web hosting/server account might be suspended or terminated if any invoices go unpaid. You will not be able to access your data until you clear the outstanding fee, which will restore your suspended account.
10.2 Your data will be erased and your account will be treated as new if it is deleted. There will be a charge on your invoice if you do not renew your subscription in a timely manner.
10.3 If a customer has an outstanding amount, we shall not authorize new orders or packages for them.
11. Sales and Discounts
11.1. Cloudware provides a wide variety of web hosting plans, services, and products to meet the needs of its customers. We want our clients to get the most out of their money, so we've made sure our pricing is both affordable and easy to understand.
11.2. Discounts, coupons, and specials may be available during the first term, but once the term ends, our usual pricing applies for renewals. These are time-sensitive deals that are only offered to new customers; they will not be extended to existing accounts at renewal.
11.3 The services will automatically renew at the usual cost when the introductory period ends, unless otherwise stated.
12. Money due
All prices displayed on the site do not include any taxes. To see the total price including taxes, go to the "add to cart" menu and select that option. Once you add things to your cart, the total price, including taxes, will be applied to your final invoice. No sum can be refunded for the taxable amount. Only customers in India are subject to the Goods and Services Tax (GST).
13. Procedure for Cancellation
13.1 You can cancel your subscription to our services at any moment through your client area. You must settle all outstanding balances (if any) first.
13.2 You have the option to cancel your subscription immediately or have it canceled when your current term ends. Your hosting plan or service will be immediately disabled if you want to cancel. Even when you choose to cancel after the tenure time ends, you will still be able to utilize the Services you bought up until your prepaid term expires.
13.3 Before submitting the cancellation request, you should make sure you have a backup of all your data. As soon as you submit the cancellation request, your data will be permanently removed from our server.
14. Closing Your Account
The following are some of the grounds for terminating your Cloudware hosting account:
14.1 You choose to stop: If you change your mind about continuing our services at any point during your subscription, you can request immediate cancellation. We will suspend your hosting account and terminate it within 24 hours.
14.2 Your hosting account will be suspended at the end of your subscription and canceled within 24 hours after the expiration date if you seek to cancel our services after your subscription ends.
14.3 Nonpayment: If you fail to pay the dues for the services, Cloudware retains the right to stop or end the services and to seek reimbursement for any costs incurred in collection, including but not limited to arbitration, legal fees, and reasonable attorneys' fees. User accounts will not be renewed until all outstanding amounts are settled. If our services are temporarily or permanently suspended, we will not be held responsible for any user-generated content that is lost or deleted.
14.4 If you fail to renew your hosting account on the due date (26.4), it will be suspended for 24 hours and canceled for 72 hours (after the expiration date).
14.5 You break our TOS: Cloudware shall immediately suspend or terminate your account if you break our TOS while you are a subscriber. Typically, we would respond immediately upon receiving notification of the service violation.
14.6 Potential for fraud: Our anti-fraud technology begins tracking all orders the moment they are submitted. If fraud occurs, we will carefully verify everything. We will promptly suspend or terminate your account if the requested information is not provided throughout this process.
14.7 In the event of a dispute or chargeback arising from a breach of our Terms of Service, we will suspend your account and provide you with seven days to resolve the issue with Cloudware before terminating your service. Your hosting account will be terminated if the issue is not resolved.
14.8. Important: Before the termination, make sure you have a copy of your hosting account in case you lose any data. When your hosting account is cancelled, Cloudware will not be held responsible for deleting any of your files from the server.
15 Disputes Over Invoices
Please email account@Cloudwareindia.com to reach our billing team with any questions you may have about the charges to your account.
16 Safety of Accounts and Business Networks
16.1 If someone else uses your account without your permission, you will be held liable. So, it's your responsibility to prevent others from doing the same. Also, you can't try to hack into someone else's account or get into someone else's server or network using your account.
16.2 You can access your account with your password. Your password must be kept secure at all times.
16.3 You should not give out your password or account information to anyone who isn't allowed to do so. You should exercise caution and stop unauthorized individuals from accessing your account, since you will have to face the penalties.
16.4 You will be terminated from service if you try to obtain the password of another user's account.
16.5 You are responsible for taking reasonable precautions to safeguard your account from unwanted access.
16.6 You may not attempt to evade the security or authentication of any user, network, or account. Some examples of this behavior include: accessing data that is not meant for you, using a server or account that you do not have permission to use, or trying to figure out how other networks are protected. It is strictly forbidden to use or distribute any instrument that can be used to compromise security. Programs that attempt to guess a user's password, crack security software, or probe a network are all examples of such tools.
16.7 You are prohibited from launching "denial of service attacks" or any other action that could disrupt service to users, hosts, or networks. Some examples of this behavior include "flooding" networks, intentionally trying to overwhelm a service, and "crashing" a host. Users risk legal repercussions in the event that they compromise the security of a system or network. If another site's systems or network security is compromised, Cloudware will assist with the investigation, including working with law enforcement to determine the nature and extent of any criminal acts.
16.8 .No matter how you install programs or scripts on your hosting account, it is your responsibility to ensure that they are secure and that directory permissions are configured correctly. As a general rule, you should make sure that most directories have 755 or very restricted permissions. Whatever a user does when logged onto their account is entirely their responsibility. Usernames and passwords are examples of credentials that can be compromised. An encrypted password is mandatory. You risk having your account suspended unless you change to a stronger password. In order to stop people from using weak passwords, audits can be conducted. In the event that an audit reveals that your password is inadequate, we will provide you the opportunity to strengthen it before we suspend your account.
16.9 Only authorized users may access and use the Services, as well as any and all associated hardware, networks, and network devices. We may (but are not required to) monitor our systems to facilitate protection against unwanted access, verify security processes, survivability, and operational security, and ensure that use is authorized.
16.10 Data may be scanned, reviewed, recorded, copied, and utilized for approved reasons during monitoring (28.10). Your continued use of the Services constitutes your agreement to such monitoring.
16.11.The third party has the right to suspend any account that is discovered to be connected to their network or system without authorization (28.11). The third party's explicit written consent is required in order to access their networks or systems that are not directly under your control. At our discretion, we may ask for proof of authorization to access a third party's network or system.
16.12. Any account that is determined to have been compromised can be disabled or terminated (28.12). We retain the right to disable an account upon notification of an ongoing issue unless you take appropriate action to resolve it. If you'd like, we can clean up your account for you, but it will cost extra.
16.13 No prior notification is required for data center policy compliance, local law compliance, technical reasons, or any other reason that may need us to transfer your account to a different data center.
17. Liability protection
17.1 The client has committed to defend, indemnify, save, and hold Cloudware harmless from any and all demands, lawsuits, costs, liabilities, losses, claims, and reasonable legal fees brought against Cloudware, its agents, customers, officers, employees, and administration due to or arising out of any service rendered, agreed upon to be rendered, or product sold by the client, its agents, employees, or assigns.
17.2 The customer is obligated to protect Cloudware from any liability that may arise from:
17.3 The sale or distribution of any product associated with Cloudware Services that causes harm to any person or property is prohibited.
17.4 The corruption or deletion of any data stored electronically by the client (Or client's client).
17.5 . Infringement of copyrights and any faulty products sold by Cloudware Services to consumers.
By registering for our services, you affirm your agreement with Cloudware's Privacy Policy, Terms of Service, and all other regulations.