Cloudways

Definitions

“We”/”Us”/”Our”/”Cloudways Ltd.” means Cloudways Ltd. (C 55975) of Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User”/”Customer” 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 – commonly referred to as the ‘Cloudways Platform’.

Cloudways Ltd. strives to provide a high quality service and backs it up with a comprehensive Service Level Agreement.

This SLA is an integral part of your agreement with us as referenced in our Terms of Service.

The compensations described in this SLA are your sole and exclusive compensations for the events covered by the SLA.

Cloudways Ltd. may make changes to the Service Level Agreement from time to time. When these changes are made, Cloudways Ltd. will make a new copy of the Service Level Agreement available at https://www.cloudways.com/terms.php. Cloudways will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Cloudways Ltd. will treat your use as acceptance of the updated Service Level Agreement.

Standard Level of Service (Service Standard)

• Cloudways’ goal is to ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability).
• Please note that Service Availability refers to Cloudways Platform Console and related services and in no case we are guaranteeing here the Service Availability of our Partner Cloud Providers (see third party SLAs in Clause 4 below).
• Cloudways offers two standard support options, Live Chat and Ticketing System.
• Chat Service is intended to provide an interactive method to request and receive basic information and troubleshooting assistance on a first-come, first-served basis. Particularly, and to avoid clogging the Live Chat system, interactive support sessions are subject to a maximum duration time depending on the support plan level you are in:
  • Standard Support – 15 minutes max chat duration
  • Advanced Support – 30 minutes max chat duration
  • Premium Support – No limit (chat offered via Private Slack channel)
• When the chat duration goes above the limits set above, our Live Chat agents will create a ticket with all information provided during the chat session to be followed up by our senior engineers via our Ticketing System. Expected response times for tickets presented by Customers or created on the Customers’ behalf by our agents are as follows:
  • High Priority Tickets (instant Live Chat available 24x7x365)
    • Standard Support – 3h
    • Advanced Support – 30’
    • Premium Support – 10’
  • Normal Priority Tickets (instant Live Chat available 24x7x365)
    • Standard Support – 12h
    • Advanced Support – 6h
    • Premium Support – 2h
• Our Response Time goal is the time it takes to acknowledge and have the “work started” status only, not the time it takes to resolve the issue in question.
• High Priority tickets must be related to events that render Customers’ infrastructure and/or services unusable/inaccessible. Other type of events rated as High Priority by Customers and that don’t match this description will be demoted to Normal Priority by Cloudways Ltd.’s personnel and treated accordingly.
• Customers who have signed up for our Premium Support Add-on are offered two additional support options, a private Slack channel and phone support. Premium Support is offered from Monday to Sunday, 24h a day (24x7x365). Cloudways goal is to respond to any request through these channels within five minutes (Response Time). As with the standard support options, the Response Time goal is a time to acknowledge and “work started” only, not a time to resolve.
• Cloudways Ltd. realizes that our Service Availability and Response Time goals may not always be met. Accordingly, Clause 2 sets out credits should we fail to meet the Service Availability or Response Time goals.

Credits disbursed when Service Standard is not met

We will compensate our Customers in the event that our Service Standards are not met and provided the Customer(s) would have reported it through our Support Portal. Compensation will be through credit against Your next monthly invoice. You will receive a credit of five percent of Your total fee (for the month in which the SLA was not met) for each hour in which We fail to meet Our Service Standard levels. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards set out in Clause 1, may not be aggregated, and will not be paid in cash.

Situations in which we will not disburse any Credit

Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.

If the failure to meet the Service Standards is based on a non-standard environment, customer authored code or changes to the Service by parties other than Cloudways Ltd., You will not be entitled to any SLA Credit.

Third party Infrastructure Providers SLAs

• Click here to view DigitalOcean SLA.
• Click here to view Amazon EC2 SLA.
• Click here to view Google Compute Engine (GCE) SLA.
• Click here to view Vultr SLA .
• Click here to view Linode SLA

INTRODUCTION

This Privacy Policy (“Privacy Policy”) relates to the website www.cloudways.com and/or any sub-websites and/or associated domains (and/or sub-domains) of cloudways.com (hereinafter referred to as the “Site”), the services provided by Cloudways Limited, the owner of the Site, (“We“, “Us“, “Our“, “Ourselves” and/or “Cloudways”) and any related software applications (‘Apps’), where Personal Data is processed by the same (via the Site, any of Our Apps or otherwise) relating to You. In this Privacy Policy, “You” and “Your” and “User” refer to an identified or identifiable natural person being the User of the Site and/or client (or prospective client) of any of Our services. Our full details, including contact details, can be read below.

You may be reading this Privacy Policy as a User or visitor of the Site or You may have been directed here by one (or more) of Our agreements, Our condensed policies or Our other notices (digital or otherwise).

Although this Privacy Policy provides detailed, layered information on how and why We generally process Personal Data (via the Site, any of Our Apps, or otherwise) as well as detailed information about Your various rights, the specific and tailor-made content of such agreements, condensed policies or other notices will, in most cases, provide You with more focused and detailed information on specific processing operations (for example, the specific legal basis for processing certain categories of Personal Data and the specific purpose for doing so depending on the matter at hand).

Although Our goal is to always be as clear and transparent as possible, We appreciate that legal documents can sometimes be difficult to read. However, We strongly encourage You to read this Privacy Policy (which is layered for Your convenience) with care. Please do not hold back from contacting Us for any clarification You may need. For example, if You need clarification on a specific legal basis We are relying on to process Your Personal Data for a specific processing operation, We would be happy to provide You with any such information You may need.

CONTENTS OF THIS PRIVACY POLICY

• CLOUDWAYS AS A DATA PROCESSOR
• APPLICABLE LAWS
• WHAT IS PERSONAL DATA?
• PERSONAL DATA WE COLLECT ABOUT YOU
• SOCIAL MEDIA
• HOW AND WHY WE COLLECT PERSONAL DATA
• PERSONAL DATA RELATING TO THIRD PARTIES
• WHAT WE USE YOUR PERSONAL DATA FOR (PURPOSE OF PROCESSING)
• SPECIAL NOTE ON CONSENT
• ACCURACY OF PERSONAL DATA
• DIRECT MARKETING
• TRANSFERS TO THIRD COUNTRIES
• INTERNET COMMUNICATIONS
• AUTHORISED DISCLOSURES
• SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS
• SECURITY MEASURES
• RETENTION PERIODS
• PROCESSING FOR STATISTICAL REASONS
• LINKS TO THIRD PARTY SOURCES
• COOKIES
• MINORS
• YOUR RIGHTS UNDER THE DATA PROTECTION LAWS
• YOUR RIGHT OF ACCESS
• YOUR RIGHT TO RECTIFICATION
• YOUR RIGHT TO ERASURE (THE RIGHT TO BE FORGOTTEN)
• YOUR RIGHT TO DATA RESTRICTION
• YOUR RIGHT TO DATA PORTABILITY
• YOUR RIGHT TO WITHDRAW CONSENT
• YOUR RIGHT TO OBJECT TO CERTAIN PROCESSING
• YOUR RIGHT TO LODGE A COMPLIANT
• WHAT WE MAY REQUIRE FROM YOU
• TIME LIMIT FOR A RESPONSE
• CLOUDWAYS DETAILS
• UPDATES

PROSPECTIVE CLIENTS/USERS OF THE SITE/NEW CLIENTS OF OUR SERVICES:

ONGOING CLIENTS OF OUR SERVICES:

Should We need to process Your data for a new purpose in the future, which is entirely unrelated to the above, We will inform You of such processing in advance and You may exercise Your applicable rights (as explained below) in relation to such processing.

Finally, do note that without certain Personal Data relating to You, We may not be in the position to provide some or all of the services You expect from Us or even to guarantee the full functionality of Our Site.

Definitions

“We”/”Us”/”Our”/”Cloudways Ltd.” means Cloudways Ltd. (C 55975) of Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, 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 – commonly referred to as the ‘Cloudways Platform’.

Preliminary

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.

In using the Website and/or the Services, you agree as follows,

1) Acceptance of the Terms: Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Terms of Service, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.

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.

4) Disruption/Hacking: You agree not to make any attempt to disrupt or attack the systems or Services provided by Cloudways Ltd. or any third party (affiliated with us or otherwise). 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 Ltd. reserves the right to seek damages or resort to any and/or all legal remedies against Users who abuse¸ attack¸ or hack our systems¸ servers¸ or the Services or whoever uses the Service in a manner that is contrary to law or our Terms of Service, our Privacy Policy or this Acceptable User Policy.

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 use the Services to post or host any type of adult content on your website. It may include but not be 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) Weapons and Firearms: You agree not to use the Services to post or host any type of weapons and firearms related content on your website. This includes but not limited to sale of parts/components/kits for weapons and firearms, 3D printed parts, demo videos, and ammunition sales. You understand and agree that Cloudways Ltd. may suspend or terminate your Services should your usage violates this stated policy, as determined by Cloudways Ltd. in its sole discretion.

11) 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 if you are asked to testify on the matter in a court of law¸ 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 [email protected]

II. CHANGES TO THE ACCEPTABLE USE POLICY

Cloudways Ltd. may make changes to the Acceptable Use Policy from time to time. When these changes are made, Cloudways Ltd. will make a new copy of the Acceptable Use Policy available at https://www.cloudways.com/terms.php. Cloudways will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Cloudways Ltd. will treat your use as acceptance of the updated Acceptable Use Policy.

Governing Law

These Terms of Use are governed by and construed in accordance with Maltese law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Maltese courts or other adjudicating bodies.

INTRODUCTION

This cookie policy (“Cookie Policy”) relates to the website https://www.cloudways.com and/or any sub-website and/or associated domains (and/or sub-domains) of https://www.cloudways.com (hereinafter referred to as the “Site” owned by Cloudways Limited). In this Cookie Policy, “We“, “Us“, “Our“, “Ourselves” and/or “Cloudways” shall refer to Cloudways Limited (C 55975) and “You” and “Your” and “User” refer to an identified or identifiable natural person being the user of this Site and/or client of any of Cloudways’ services. Our full details, including contact details, can be read below. For more information about how We process Your Personal Data, please read Our Privacy Policy.

CONTENTS OF THIS COOKIE POLICY

• WHAT ARE COOKIES?
• WHY WE USE COOKIES
• ESSENTIAL COOKIES
• NON-ESSENTIAL COOKIES
• SPECIFIC COOKIES USED ON THIS SITE
• WHAT ARE WEB BEACONS AND HOW WE USE THEM?
• HOW TO DELETE OR DISABLE COOKIES VIA YOUR BROWSER
• CLOUDWAYS DETAILS
• UPDATES

ESSENTIAL AND NON-ESSENTIAL COOKIES

We divide cookies into two main categories namely:

1) ESSENTIAL COOKIES. These are strictly necessary to ensure that the Site functions in Your everyday use of it or for Us to provide You with the service(s) You expect from Us. Cookies used for the sole purpose of carrying out or facilitating the transmission of a communication will also be considered as essential cookies. We do not require Your consent to use such essential cookies but You may still block or delete them (see below).

Some examples of essential cookies as found in the European Commission’s EU Internet Handbook (see https://wikis.ec.europa.eu/display/WEBGUIDE/Europa+Web+Guide) are as follows:

• USER-INPUT cookies (session-id) such as first-party cookies to keep track of the User’s input when filling online forms, shopping carts, etc., for the duration of a session or persistent cookies limited to a few hours in some cases
• AUTHENTICATION cookies, to identify the User once he has logged in, for the duration of a session
• USER-CENTRIC SECURITY cookies, used to detect authentication abuses, for a limited persistent duration
• MULTIMEDIA CONTENT PLAYER cookies, used to store technical data to play back video or audio content, for the duration of a session
• LOAD-BALANCING cookies, for the duration of session
• USER-INTERFACE CUSTOMISATION cookies such as language or font preferences, for the duration of a session (or slightly longer)
• THIRD-PARTY SOCIAL PLUG-IN CONTENT-SHARING cookies, for logged-in members of a social network

2) NON-ESSENTIAL COOKIES. These are not required for the essential functioning of the Site, although they may greatly enhance Your experience of using Our Site. For example, non-essential cookies may be used for the following reasons:

• PREFERENCES. These cookies would remember Your custom preferences. For example, this helps You avoid having to re-enter certain information when You visit the same page later;
• MARKETING. Here, the cookies would be used to gather information about Your browsing habits allowing Us to provide You with more relevant information and material that would be of interest to You;
• STATISTICS. These help Us gather information about users on Our Site(s), such as when You first visited the Site and/or how often You access it and at what particular time. These also include cookies that log how You came across the Site, using which search engine or other link.

WE SHALL ONLY PLACE NON-ESSENTIAL COOKIES ON YOUR COMPUTER OR MOBILE DEVICE IF YOU CONSENT TO THAT SPECIFIC CATEGORY OF COOKIE being placed by way of a pop-up on relevant areas of our Site the first time you visit it and possibly subsequently (if necessary) and/or by accepting this Cookie Policy (or other similarly effective mechanism). This will not prevent You from deleting or disabling cookies by modifying Your browser settings as explained below.

The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Cloudways (we, us, our) or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Cloudways services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy.

1. Participation in the Affiliate Program

To join Cloudways affiliate program;

Step # 1: First, log in to Cloudways Platform with your credentials. To join our affiliate program, click on the Grid Icon from the top menu bar and then select Affiliate Program.

Step # 2: Fill out the form to complete your affiliate profile and click CREATE YOUR AFFILIATE PROFILE.

Step # 3: Once your affiliate profile is created, you will be able to access your Affiliate Panel by clicking on ACCESS YOUR AFFILIATE PANEL at the top of the page. For any changes to your affiliate profile, click SAVE CHANGES at the bottom of the page.

2. Your Responsibilities

As a Cloudways Affiliate, you agree that:

• You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Cloudways will be promoted, promotional practices and means, payment details and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Cloudways and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions.
• You should act in good faith to refer customers in good standing. Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for fraud risk, have active accounts as per the Cloudways Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on the following: The referred customer has maintained an active account with a running server on the Cloudways platform and that the user has not canceled the account subscription or churned out.
• You should not take action or make recommendations to your referrals that result in a potential revenue loss for Cloudways.
• You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
• You should not use on behalf of your referrals or encourage your referrals to use on their Cloudways accounts any copyrighted or third-party material without the proper licenses.
• You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Cloudways Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
• You should not engage in any SEO/spam link building techniques in order to generate more referrals for Cloudways.
• You agree not to violate any applicable law.
• You should be loyal to Cloudways and should not misuse its confidence and shall not damage its reputation.
• You are required to disclose the affiliate relationship with Cloudways on your website.

If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.

3. Affiliate Advertising

When advertising our services, you should use only promotional materials approved by Cloudways. Approved materials are only those we provide in your Affiliate Area or the ones that a Cloudways representative approves in writing. Approved materials may contain the Cloudways trade names, service marks, and/or logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Cloudways. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.

Upon termination of your affiliate account, the limited, non-exclusive license to access and download promotional materials of Cloudways shall be automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

• Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
• Bidding on keywords and phrases containing the “Cloudways” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Cloudways Website(s) as display URL in PPC ads and to direct-link or redirect to the Cloudways Website(s) without our prior approval;
• Using non-unique copyright infringing content to promote Cloudways;
• Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
• Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
• Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
• Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
• Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
• Using link cloaking or masking techniques or technology with the goal to promote Cloudways on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
• Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
• Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Clouways” trademark or any other variations or misspellings confusingly similar to Cloudways trademark, name, logo or domain name, without our prior approval;
• Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.

Cloudways shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

4. Affiliate Tracking Cookies

We track affiliate sales automatically through the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 90 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. Cloudways is not responsible for cookies intentionally deleted by users.

5. Affiliate Commissions

We shall pay you a per-sale commission for any valid sale you refer to Cloudways. For a valid sale ALL of the following are true:

• The sale was made as a result of your active referral efforts. We determine that if any of the following is true:
  • At the time of order the customer has an active cookie indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Cloudways name;
  • You claim that you have referred a customer no later than 45 days from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
• Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.
• The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
• The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
• The sale is for any of our web hosting plans. Sales for other services or additional account features do not qualify for commissions.
• The referred customer has maintained an active account with a running server on our platform and that the user has not canceled the account subscription or churned out.
• Sales of hosting accounts that are canceled by the customer or suspended by Cloudways for any reason do not qualify for an affiliate commission.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

6. Commission Payments

Cloudways shall pay all affiliate commissions based on the structure and in the US dollar currency unless a custom agreement exists in writing. The sale gets approved when the referred client has paid a minimum of 2 full invoices. When this happens, the status of your Sale commission changes from pending to approved in the affiliate panel. We shall pay:

– To affiliate before the 10th of each month through PayPal once their affiliate earnings reach $250 (approved commission) criteria.

– To affiliate before the 10th of each month through wire transfer once their affiliate earnings reach $1,000 (approved commission) criteria.

– In case affiliate is a paying customer at Cloudways, in that case, they can add commissions to Cloudways funds also. The minimum requirement for funds transfer is $100 approved commission. This is processed along with payouts.

We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.

You are solely responsible for keeping all your information up to date including postal and email addresses, names, payment information and any other personal information that will impact our ability to process a commission payout.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

7. Invoicing

We shall provide you with a statement of commissions due in your Affiliate Area.

The Affiliate Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Cloudways that shall continue until termination of your Affiliate account.

8. Relationship of the Parties

Both Cloudways and the Affiliate agree that they enter into this Agreement as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on behalf of Cloudways. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.

9. Account Termination

You can cancel and terminate your affiliate account at any time by contacting us through your Affiliate Area. We will send you written confirmation that your account has been terminated.

Cloudways can terminate an affiliate account:

• With a seven-day prior notice without explanation.
• Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

10. Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision shall survive termination of the Agreement.

• With a seven-day prior notice without explanation.
• Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

11. Governing Law

Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction of Malta.

12. Changes to the Affiliate Program Terms

We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Cloudways. The current T&C is always available on the Cloudways website. Only a Cloudways officer may alter this T&C. No agent of, or person employed by or under contract with, Cloudways has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.

Deprecation Policy

This document outlines the process for announcing deprecated features to customers and internal stakeholders. The guiding principle is to avoid surprises and guarantee long-term stability, so you should never run into anything unexpected while using the Cloudways Platform.

Definitions of key terms

Deprecated

When a feature is deprecated, it means it is not suggested for use and it will soon be retired, or sunset, from the Cloudways platform. When deprecated, the feature continues to be functional and supported until its retirement date although improvement requests are not prioritized.

A feature may be deprecated at any point of time. Customers will be informed via email about its deprecation and new activations may or may not stop at that point, depending on the availability of an alternative solution. When we deprecate a feature, we never deactivate existing subscriptions to avoid impact on the daily work life of our customers. We allow enough time before its end of life date.

Retired

Once a feature has reached the end of the deprecation phase, it is considered retired and is no longer available or supported for production use on the Cloudways platform. Depending on the nature of the feature, functionality may be removed entirely or existing customer accounts may be migrated automatically to a new functionality, if they haven’t done already. If alternative functionality is provided to replace the retired feature, users will be informed well in advance and they will have the opportunity to use newer functionality at their convenience prior to the retirement date.

End of Life

Is the point in time when a feature reaches its useful life. On that date we stop selling, supporting or maintaining a feature often in favor of a recently-developed and improved feature .

End of Service Life (optional)

May not always occur depending on the feature, but it’s another step towards removing a feature. When a feature is labeled as “Deprecated” we may announce a point in time when we will no longer provide customer or technical support (bug fixes). With that being said, customers may continue to use the feature as long as there is an active replacement feature to migrate to by the End of Life date.

Why does Cloudways deprecate Features

Our customers’ monthly subscriptions pay for continuous improvement of our platform and products. Innovation, of course brings change, and change can be hard – especially since Cloudways platform is an integral part of customers’ daily work life.

With this in mind, our goal is to minimize impact on their business with timely announcements, training, always-available Customer Support, and most importantly, an improved alternative to the deprecated functionality.

When does Cloudways deprecate features

Cloudways aims to deprecate features only when it is absolutely necessary. Most of the time, features are upgraded and optimized to provide enhanced or additional functionality.

However, in cases where the feature hasn’t managed to reach our customers expectations and attempts to improve its functionality have failed, it is necessary to deprecate and retire it completely. In such events, our goal is to provide as much advance notice as possible so customers can adequately prepare.

In addition to early communication, Cloudways will offer transition support to help customers adopt new features and functionality, or standard support once the feature is deprecated from the platform.

When should customers expect to be notified?

Excluding emergencies or insubstantial changes, Cloudways starts to communicate feature deprecation no later than 3 months prior to its end of life date, ideally 6 months before. Advance notices may be extended for higher impact features.

There are situations in which the deprecation timeline may be accelerated due to rare circumstances. In all cases, we aim at providing as much advance notice as possible. These situations include:

• Essential changes, such as those needed to maintain the integrity and stability of the Cloudways platform for all customers.
• When third party software integrated to the Cloudways platform is changed or no longer available.
• When changes are required to protect data security and comply with legal requirements.

Note: Cloudways forges partnerships to deliver outstanding technology through seamless integrations. In some cases, because partners have their own release and communication schedules, Cloudways cannot guarantee advance notice of related features or integrated functionality.

How does Cloudways communicate feature deprecation?

Cloudways communicates feature deprecation to account administrators through a variety of channels to ensure that the message will reach impacted customers as early as possible.

Communication channels may include (but are not limited to) emails, in-application platform notifications, community announcements, blogs or knowledge base articles. Training announcements, customer success messaging such as email or phone may be included as found appropriate. When possible, “Deprecated” tags may appear next to the deprecated feature, inside the Cloudways platform.

Customers will receive multiple email reminders prior to the end of life of a deprecated feature. It may start approximately 3 months before the end of life, but then can be repeated multiple times up to 1 day before.

These Cloudways Beta Testing Terms (“Terms”) apply to and govern users participation in any or all of public or private beta testings (“Beta Test”) and use of Cloudways’s Beta Features (“Beta Features”). In order to participate in a Beta Test or use Beta Features, users must agree to these terms. We have provided abbreviated language to help you navigate some of the legal terms below.

1. Eligibility and Participation

We only allow invited customers to participate in Beta and require that customers be in good standing (e.g. up to date billing, not currently in suspension).

The Cloudways Terms of Service in addition to these terms apply to your use of Beta Features. That means that both agreements govern the Beta Features.

You may participate in a Beta Test and use Beta Features upon request and approval by Cloudways (“us” “Cloudways” “us” or “we’), and/ or by an open invitation from us in the case of a public beta. Only Customers in good standing may participate in a Beta Test and use Beta Features, subject to the Cloudways Terms of Service (the “Terms of Service”) and must remain so for the duration of these Terms. The Cloudways Terms of Service (including the Cloudways Privacy Policy, Cloudways Acceptable Use Policy, and Privacy Policy) are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply with regard to your use of the Cloudways Services, participation in a Beta Test, and use of any Beta Features. In the event that you are no longer a customer of Cloudways, your participation in the Beta Test and your use of all Beta Features will be terminated.

2. Beta Features

Beta Features may range from wholly new products to changes to existing product features. We’re giving you a license to use the Beta Features.

The Beta Features may be a separate, stand-alone service, accessible apart from the currently available Cloudways Services (as defined in the Terms of Service) or may be a feature or functionality for existing Cloudways Services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Features.

Beta features by their very nature are meant for testing, which means that they may not work as expected, may have errors, or may cause unintended behavior.

You understand that we’re not responsible for any issues or problems caused by the Beta Service. We have no obligation to provide any kind of support for the Beta Features By accepting these Terms or using the Beta Features, you understand and acknowledge that the Beta Features are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Features may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE Beta Features, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Features.

3. Feedback

We need your feedback to understand how to improve Beta Features. By participating in our Beta Tests, you agree to provide us feedback, and any feedback you provide belongs to Cloudways.

If we publish your feedback about the Beta, we’ll be sure to either not identify you, or will contact you to get your permission to use your name.

The Beta Features are made available to you for the purposes of evaluation and feedback without any obligation for compensation or reimbursement of any kind from Cloudways. It is at the discretion of Cloudways to offer or not something back as a token of appreciation. You acknowledge the importance of communication between you and Cloudways during your use of the Beta Features and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, your participation in the Beta Test will be terminated, and your use of the applicable Beta Features will likewise be discontinued. As part of using the Beta Features, you will be asked to provide feedback regarding your use of the Beta Features. You acknowledge that Cloudways owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. We may also monitor how you use the Beta Features and use that information to improve the Beta Features or our other products and services.

4. Intellectual Property

Cloudways owns all of the intellectual property involved with the Beta Features. This Agreement doesn’t give you a license to use our trademarks or brand features (you may have another agreement with Cloudways that gives you this type of permission). You are not permitted to reverse engineer or attempt to decipher any code except in situations as permitted by us.

You agree that we own all legal rights, title and interest in and to the Beta Test and the Beta Features, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Cloudways Services is granted.

Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Features and/or any other aspect of Cloudways technology, except as permitted by us.

5. Term and Termination

You can end this agreement by simply stopping use of the Beta Features and notifying Cloudways of your intention to no longer participate in the applicable Beta Test.

These terms will remain in effect for as long as you use the Beta Features. Either party may terminate these Terms before the end of your participation in the applicable Beta Test for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Features.

These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Features, or participation in any other Beta Tests.

We can terminate or disable your use of the Beta Features at any time. Likewise, you can decide to stop using the Beta Features at any time. We may remove your access to features of the Beta Service at any time.

You understand that we’re not responsible for any issues or problems caused by the Beta Service. We have no obligation to provide any kind of support for the Beta Features

We reserve the right to modify or terminate the Beta Test or the Beta Features, or your use of the Beta Features, to limit or deny access to the Beta Features and/or participation in the Beta Test, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Features and/or your participation in the Beta Test at any time.

Sections 2,3, 4,5,6 8, will survive the expiration or termination of this Agreement.

6. Disclaimer of Warranties

We disclaim all warranties regarding the Beta Test and Beta Features. You acknowledge that using the Beta Features is at your own risk.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE Beta Features ARE PROVIDED BY Cloudways ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE Cloudways Beta Test OR Beta Features, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Cloudways EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cloudways MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES Cloudways MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Cloudways OR THROUGH THE Beta Features SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability and Indemnification

You agree to hold harmless and indemnify Cloudways, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Beta testing Terms, (ii) your use of the Beta Features and/or your participation in the Beta Test(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Services.

8. Confidential Information

It’s extremely important that you not reveal the existence of the Beta Test or Beta Features to unauthorized people, and as such you are required to treat your participation as confidential. Sharing information about Beta Features will cause harm to us, and you acknowledge that such harm will occur if you fail to keep the Beta Features confidential.

You acknowledge and agree that: (i) the Beta Test and Beta Features constitute Confidential Information as defined in the Terms of Service (ii) you acknowledge that the successful market launch of commercial versions of the Beta Features requires you to keep all Cloudways data and information discussed and/or made available through or contained in Beta Test, including, without limitation, the Beta Features strictly confidential; (iii) the premature release of any of the Confidential Information would damage Cloudways’s competitive and intellectual property interests; and (iv) and information about the Beta Features shall not be shared with anyone other than other authorized users of the Beta Features, which may include users in your Cloudways Account.