Effective Date: September 25¸ 2012
“We”/”Us”/”Our”/”Cloudways Ltd.” means Cloudways Ltd. (C 55975) of 52 Springvale Pope Pius XII Street, Mosta, Malta and/or any of its subsidiaries and/ or affiliates involved in providing the Services.
“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.
“Services” means any services offered by Cloudways Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management. The Services also currently include various cloud-based solutions for individuals, businesses and developers.
“Power Cloud” means Services which are targeted towards businesses with websites and applications requiring customized cloud environment, high availability and real time scalability.
“Cloudways Managed Cloud Solutions” include complete application, server and infrastructure level management for individuals and businesses who want to focus on what’s core for their business, rather than system administration.
The terms of this Acceptable User Policy (the Terms) relate to your use of the Services provided by Cloudways Ltd. under the domain name cloudways.com (‘the Website’).
We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.
2) Illegal Use – You agree not to use the Services for or in the pursuit of illegal purposes. Cloudways Ltd. cooperates with the authorities in investigations into illegal Internet use¸ and will take both criminal and civil legal action against Users who use the Services in an unlawful way. You agree not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner.
3) Harassment – You agree not to use the Services for harassment¸ threats¸ verbal abuse¸ and/or persistent unwanted contact(s) of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active¸ in forms including but not limited to unwanted emails¸ and/or chat messages¸ and/or verbal declarations on a public forum¸ and can be passive in the form of defamatory information posted on web sites.
5) Fraud/False Advertising – You agree not to post or transmit fraudulent information on or through the Services. This can include false advertising¸ identity theft¸ misrepresentation of any kind including phishing¸ forged email headers and/or fictitious email addresses.
6) 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 Ltd. 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 Ltd. in the prevention of Spamming¸ Cloudways Ltd. 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 kindly use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the explicit prior consent of those from whom you collect the information.
7) 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 Ltd. 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 Ltd. You understand and agree that Cloudways Ltd. may suspend or terminate your Services should your usage constitute disruptive content¸ as determined by Cloudways Ltd. in its sole discretion¸ from the Internet community at large.
8) Adult Content – You agree not to post or host any type of adult content on your website. It may include but not limited to material considered to be pornographic content and images. You understand and agree that Cloudways Ltd. may suspend or terminate your services should your usage constitute adult content¸ as determined by Cloudways Ltd. in its sole discretion.
9) Reselling or Reconfiguring the Services – You may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal¸ fraudulent or inappropriate manner. Interpretation of this clause will be at the sole discretion of Cloudways Ltd.
10) Copyright Infringement – Cloudways Ltd. 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 Services to transmit and/or store copyrighted material in a manner that is contrary to any applicable legislation. If Cloudways Ltd. has a reasonable belief¸ in its sole judgment¸ that You have violated this Acceptable Use Policy¸ Cloudways Ltd. 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 by way of substitution of any and/or all other remedies that we may have against You under any applicable 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 firstname.lastname@example.org
11) 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 €11.20 p/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.
As stated above, 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:
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 account relating to the Services 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.