Clients will be held wholly and solely accountable for any or all the actions executed on their account whether done by the account holder himself/herself or by any other person on behalf of the account holder. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and CloudOYE's Acceptable Use Policy ("AUP"), including SPAM, and all disconnect and reconnect fees associated with violations. CloudOYE does not integrate or enable any additional server security software besides any operating system defaults.
The following terms and conditions constitute an agreement between you and Cyber Futuristics India Private Limited. ("CloudOYE"). These Terms of Service govern your use of the services provided by CloudOYE (the “Services").
By using these services you connote that you agree to these terms and conditions of the service, including that you agree to transact with us automatically, that you consent to the information practices disclosed in our AUP, and that you give consent to resolve in Noida, India any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties.
These Terms of Service also govern your relationship with us and with our suppliers. We may change these Terms of Service at any point of time, as we deem it to be applicable. In case, we make any changes in the existing terms and conditions and believe that it will have a material impact on the use of the Services, we will definitely keep you informed about the same either by sending you an email on the email address as provided by you to us or we would be notifying you through uploading the notification on our website that these Terms of Service has been updated. In case, you disagree with the changes to these Terms of Service, then you can even discontinue your use of the Services by formally informing us. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. Therefore, we would suggest you to review these Terms and Conditions of Service periodically.
One Photo ID Proof will be required for our legal verification while making order to CloudOYE
CloudOYE agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. CloudOYE reserves the right to refuse to render services to any potential client and/or may even refute the renewal of Services to any existing client, at the sole discretion of CloudOYE.
Changes to Terms of Service and AUP
CloudOYE's Terms of Service and AUP is both subject to change at any point of time and without any notice at the sole discretion of CloudOYE. A change in policy shall not be on grounds for early contract termination or non-payment. The nature of the service supplied and the initial rates and charges will be communicated to the client. The client will be properly informed from time to time about any changes that will be made in the rates based on availability of hardware, overall market conditions or other factors. Clients will be beforehand notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Services interrupted due to non-payment may be subject to a late fee of about $25. Data stored on a client's services will not be accessible to the client until and unless the reconnection is established or alternative arrangements are made to the sole satisfaction of CloudOYE. Services deactivated due to non-payment or charge-back are subject to their data annihilation after seven (7) days from account suspension/charge-back date. CloudOYE is not responsible for data integrity, regardless of circumstance. CloudOYE strongly recommends you to keep your network data up-to-date to stay protected against any unexpected data loss.
No Services rendered by CloudOYE are eligible for a refund. Pre-payments and account credit will not be entitled for refund, or transferred to alternate accounts. Any and all disputes related to charge must be reported directly to CloudOYE within thirty (30) days of the date of purchase along with the proof of charge originally occurred. If a charge which is charged by CloudOYE are valid, and even authenticated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client has to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed.
In any event, if the services offered are suspended due to non-payment, it will be subject to termination within seven (7) days from the time of suspension. In such cases, a termination fee of $25 will be charged which must be paid within 15 days to avoid full account suspension. CloudOYE takes no accountability for the integrity of the data stored on a suspended server.
CloudOYE requires minimum of five (5) days’ notice about the cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be annihilated immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled; however a termination fee of $25 will be chargeable to the account and must be paid within 15 days to avoid full account suspension.
Official CloudOYE Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller; however the termination fee of $25 will be chargeable to the account and must be paid within 15 days to avoid full account suspension.
In any event, fraud is detected then the fraudulent account, and all other related accounts, will be subject to immediate suspension or termination at the sole discretion of CloudOYE. All information available to CloudOYE about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification
We provide the services "as is"; "with all faults" and "as available." we and our suppliers make no explicit or implicit warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implicit warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, and accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choice. No verbal or written information given by a CloudOYE, inc. Representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the services at your own risk.
Your sole and optimal remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall we, our affiliates' and our suppliers' aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees, if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold inoffensive us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
CloudOYE provides hardware support related to each direct client's service functioning. CloudOYE does not offer software support of any kind. We do not provide software support/troubleshooting for the software items chosen from the order form. CloudOYE only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. CloudOYE is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by CloudOYE or the client. CloudOYE may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support team for enhanced support pricing. Each client is eligible for one (1) complimentary operating system ("OS") reload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of CloudOYE and to a $50 fee. CloudOYE does not provide any type of support to the clients of our clients (third party clients). CloudOYE will only provide support directly to clients of CloudOYE.
Abuse/Spam/Bulk Email Policy
CloudOYE reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our support department will locate abhorrent servers based on public blacklist monitors, heinous activity reporting from external networks, and other means. If our support department receives a report or otherwise becomes aware of any heinous activities active on our network, we will identify the server from where these activities are taking place (i.e IP address and in some cases the domain name) and create a ticket on behalf of the user who occupies the server with information regarding the activities such as logs describing the abuse and an explanation of what heinous activity has taken place.
The following actions will be taken on a case-by-case basis:
A misappropriation ticket will be automatically will be generated by the system which will serve as notification that our support department will receive from the reports of abhorrent act originating from the server. We require a client response to ALL tickets within 48 hours of the misappropriation ticket being opened. Typically, no service will be suspended or filtered within the first 48 hours of a raised misappropriation ticket. If a response is not received within 48 hours, or the server is determined to be abhorrent (or likely to be offensive in the case of spam black listings) after the misappropriation ticket is opened, our support technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further misappropriation until a response is received.
If a response has not been received to a misappropriation ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
Habitual neglect of heinous act occurring on a client's server may lead to service termination or longer-term port filters as some black listings can take several weeks to time out or be removed.
CloudOYE reserves the right to refuse services to any client whose account(s) have been fined or terminated for misappropriation -related activities. If an IP range or IP address has been blacklisted as a result of excessive misappropriation reports, CloudOYE reserves the right to issue a fine of $200 and immediately terminate the service.
Compromised servers issued misappropriation notifications: If our support department suspects that misappropriation reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:issue a fine of $200 and immediately terminate the service.
At the discretion of our support department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the deceitful traffic filtered.
Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
If Operating System reinstallation is not accepted as an option, CloudOYE may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
Habitual security compromises that result in deceitful traffic being transmitted or received from the server may result in service termination.
CloudOYE handles any and all Digital Millennium Copyright Act ("DMCA") complaints very seriously, and will thoroughly investigate each complaint received. CloudOYE reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
A ticket is opened as a warning, providing 48 hours to resolve the situation
After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, CloudOYE Network reserves the right to assess a $25 fine.
After 72 hours with no resolution, services on the server in question will be suspended.
After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an misappropriation Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.
Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay 'Research Fees' not to exceed $50 per hour that CloudOYE personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
Clients agree to pay any and all bandwidth surplus charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty five cents) over the allotted bandwidth on the service. CloudOYE reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. CloudOYE is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of CloudOYE. The identity verification measures may include the faxing of two forms of government issued identification to CloudOYE, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
CloudOYE keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. CloudOYE reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.
All communications from CloudOYE and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the Noida, India govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Noida, India.
Waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
Irrevocably consenting to the exclusive jurisdiction of, and venue in, Noida, India over any disputes or claims you have with us relating to or arising out of the services, the service or the agreement.
Submitting yourself to the personal jurisdiction of courts located in Noida (Delhi/NCR), India for the purpose of resolving any such disputes or claims.