“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.
These terms of service (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) You may not use the Services and may not accept the Terms if
a) You are not of legal age to form a binding contract between yourself and Cloudways, or
b) You are a person barred from receiving the Services under the laws of Republic of Malta or other countries including the country in which you are resident or from which you use/ will use the Services. Cloudways Ltd. provides valued added service via various third party cloud providers and applications. As a client of Cloudways Ltd. you agree to uphold the license / user agreements of any such cloud providers and application providers to the extent it applies to your use of any services offered by Cloudways Ltd. Please also read any cloud services and applications license agreements as may be applicable. As a user of Cloudways Ltd. services, you agree to uphold the terms of any such cloud services and applications license agreement to whatever extent they apply to your usage of cloud services, applications and/or Services
1. You must provide accurate and complete registration information any time you register to use any of the Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Cloudways Ltd. immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.
2. You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the England or other relevant countries).
3. You may neither share nor re-sell your Cloudways account to any third parties.
4. Unless you have been specifically permitted to do so in a separate agreement with Cloudways Ltd., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5. You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. Any license to use any third-party applications is granted directly from the original provider of the third-party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third-party applications you install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third-party application license.
9. Cloudways Ltd. may offer (or act as intermediary in the offering of) certain application trials including the ability for you to install the said applications on a temporary basis for trial purposes. YOU ACKNOWLEDGE THAT THESE SERVERS ANDAPPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT CLOUDWAYS LTD. MAY DELETE APPLICATIONS AND SHUT DOWN RELEVANT SERVERS AT ANY TIME
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Cloudways Ltd. or any other contributor or supplier of Cloudways Ltd., be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruptionof the services. computer failure or malfunction ,loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by Cloudways Ltd., WE are not /shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:
1. Any changes to the Services made by Cloudways Ltd., or any temporary or permanent cessation in the provision of the Services (or any features within the Services),
2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service.
3. Interruption of services, malware (including viruses and/or Trojans) and/or other errors over which Cloudways Ltd. has no control,
4. Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk.
Without prejudice to the foregoing, should a court of law or other adjudicating body still find against Cloudways Ltd. regarding any matter relating to the Services, Cloudway Ltd.’s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Services in question.
Both parties (Cloudways Ltd. and User) agree not to disclose to any third party, confidential information of Cloudways Ltd., User, except as may be necessary for Cloudways Ltd. to offer the Services.Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the Services.