Effective Date: September 25¸ 2012

Acceptable Use Policy

I. Introduction

By your use of the Cloudways™ Service (“Service”¸ “Managed Service”)¸ you agree to be bound by the terms of this Acceptable Use Policy. Cloudways International (“Cloudways”¸ “Cloudways™”) reserves the sole and unconditional right to refuse¸ suspend or terminate Service to anyone who violates these rules as determined by Cloudways¸ in its sole discretion.

1. Illegal Use – You agree not to use the Service for or in the pursuit of illegal purposes. Cloudways cooperates with local and federal authorities in investigations into illegal Internet use¸ and will take both criminal and civil legal action against Users who are determined to be using the Service in an unlawful way. You agree not to directly or indirectly allow a third party to use the Service in an illegal or unsuitable manner.

2. Harassment – You agree not to use the Service for harassment¸ threats¸ verbal abuse¸ and persistent unwanted contact of any kind. Harassment covers any use of the Service to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active¸ in forms such as unwanted email¸ chat messages¸ or verbal declarations on a public forum¸ or can be passive in the form of defamatory information posted on web sites.

3. Disruption/Hacking – You agree not to make any attempt to disrupt or attack the systems or Services provided by Cloudways™ or any third party. This includes any deliberate attempt to interfere with another user’s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and Services without the consent of the provider for those Services. Hackers will be subject to the full extent of criminal law¸ and Cloudways™ reserves the right to seek damages or legal recourse against Users who abuse¸ attack¸ or hack their systems¸ servers¸ or Services.

4. Fraud/False Advertising – You agree not to post or transmit fraudulent information on or through the Service. This can include false advertising¸ identity theft¸ or misrepresentation of any kind including phishing¸ forged email headers or fictitious email addresses.

5. Unsolicited Advertising/Spamming – You agree not to post or transmit any unsolicited material through any active medium such as email¸ chat¸ messaging¸ chain letters¸ advertisements¸ jokes¸ etc. Cloudways™ does not tolerate unsolicited mass emailing (Spamming) of any kind¸ and the use of any of Cloudways™ Services for this purpose is strictly prohibited. To assist Cloudways™ in the prevention of Spamming¸ Cloudways™ may limit the number of recipients allowed per email and/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving user’s desire to be contacted in the specified manner¸ so use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the expressed consent of those from whom you collect the information.

6. Disruptive Content – You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include¸ but is not limited to¸ material that is considered obscene¸ offensive¸ or extremely controversial. While Cloudways™ does not actively censor its Users¸ the reaction this material can generate can be expensive and time consuming¸ and as such makes the continued support of Users generating this kind of content of questionable business value to Cloudways™. You understand and agree that Cloudways™ may suspend or terminate your Service should your usage constitute disruptive content¸ as determined by Cloudways™ in its sole discretion¸ from the Internet community at large.

7. Reselling or Reconfiguring the Service – You may not resell the Service or redistribute or reconfigure the Service to allow others to use the Service in an illegal¸ fraudulent or inappropriate manner. Interpretation will be at the sole discretion of Cloudways™.

8. Copyright Infringement – Cloudways™ respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Service to unlawfully transmit or store copyrighted material. If Cloudways™ has a reasonable belief¸ in its sole judgment¸ that You have violated this Acceptable Use Policy¸ Cloudways™ may take any action it deems appropriate¸ which may include¸ without limitation¸ notifying You of a suspected violation¸ suspending your account¸ or terminating your account. These actions are in addition to and not instead of any and all other remedies that we may have against You under the law.

If you believe your work has been copied in any way that constitutes infringement¸ please provide us with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) Identification of where the material (including the URL if possible) that you claim is infringing is located;

(d) Your address¸ telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner¸ its agent or the law; and

(f) A statement by you¸ made under penalty of perjury¸ that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For all copyright infringement and related matters¸ you may contact us on abuse@cloudways.com.

9. Cloudways - Fair and Reasonable Usage Policy

There is no strict limitation in the number of support hours that our customers can make use of under the Managed Services account. However¸ we closely monitor all accounts under Managed Services for performance standards¸ usage pattern¸ and historical data for any discrepancy in services and / or abuse of services. If and only if found to be in breach of any of the terms of conditions or the acceptable use policy¸ We then reserve the right to cancel any and all accounts in breach of the agreement  of these services.

Specifically¸ we set a minimum per hour rate for all accounts under the Managed Services plans. Currently¸ the minimum rate is set at $15/hour. Any account under the Managed Services plans found to be in breach of this minimum rate threshold will be automatically revised to reflect the breach. Please note that an account needs to be in breach of this fair and reasonable usage policy either for THREE CONSECUTIVE MONTHS or for a period of SIX COMPLETE MONTHS in a calendar year for this policy to take effect.

II. CHANGES TO THE ACCEPTABLE USE POLICY

Rights and Notification

As for all our services and provisions¸ whether stated or otherwise¸ we reserve the right to change any terms of service agreements¸ legal documents¸ policy and related matters at any time. All account holders and customers will be duly notified of all changes and updates within reasonable time¸ but not exceeding 90 days from the time of publishing such changes and / or updates.

Change Timelines and Your Rights

We may change our Acceptable Use Policy¸ provided that any changes are reasonable and consistent with applicable law and industry norms. Any such changes made during the term of your Agreement will become effective to your account upon the first to occur of:

        i.            renewal¸

      ii.            your execution of a new/additional Order for your account that incorporates the revised AUP or General Terms¸ or

    iii.            thirty (30) days following our notice to you describing the change.

If the change materially and adversely affects you¸ you may terminate the Agreement by giving us written notice of termination on such grounds no later than thirty (30) days following the date the change became effective for your account¸ and we will not enforce the change with respect to that account for thirty (30) days following the date of your notice.

If you terminate your Service because the change adversely affects you¸ we may decide not to enforce that change with respect to your account and keep your Agreement in place for the remainder of the term.