NOTICE: All payments made to Cloud 4 Web are Non-Refundable.
C9 Inc. (also referred to as 'the Company' and 'Cloud 4 Web' in the proceeding text) agrees to furnish services to the Subscriber (also referred to as 'you' and 'the customer' in the proceeding text), subject to the following TOS (Terms of Service). Use of Cloud 4 Web Service constitutes acceptance and agreement to Cloud 4 Web's AUP (Acceptable Use Policy) as well as Cloud 4 Web's TOS policy (Terms of Service).
All provisions of this contract are subject to the TOS of Cloud 4 Web, and AUP. The TOS and AUP may be changed at any time at the discretion of the Company without advanced notice. Subscriber understands that changes in policy by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the Province of Ontario applicable to contracts enforceable in that province.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent that presents a Canadian court order without further consent or notification to the Subscriber. Cloud 4 Web shall have the right to terminate all service set forth in this Agreement.
- Service Rates
The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that the Company automatically charges subscriber's credit card every month. Cloud 4 Web reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
- Payments and Fees
Service will be interrupted on accounts that reach four days past due. Service interrupted for non-payment is subject to a reconnect charge of the greater of %10 or $25. Please note that Cloud 4 Web, reserves the right to take ownership of collocation equipment should the account be more than 30 days past due on any payments. If the equipment is sold, the selling price will be credited towards the outstanding balance of the account, minus a 15% processing fee, with any remainder leftover being held indefinitely. Accounts that are not collectable by Cloud 4 Web may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay all collection agency fees in addition to a 15% to Cloud 4 Web for a "Processing and Collection" fee. To cancel your account, follow the proper procedure to do this as outlined in this TOS.
- Refund and Disputes
All payments to Cloud 4 Web are non-refundable. These include the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days from the time the dispute occurred. Any disputed charges to your credit card issuer that, in Cloud 4 Web's sole discretion, is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Cloud 4 Web an "Administrative Fee" of not less than $50 and not more than $150.
- Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation
All requests for cancelling accounts must be made via e-mail to email@example.com with at least 30 days before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.
- Service Disruptions
The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for numerous reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.
- Support Boundaries:
Cloud 4 Web provides 24 x 7 technical support to its subscribers. All servers housed at our facility are unmanaged. The Company only ensures that the server is online and is remotely accessible. Cloud 4 Web does not offer tech support for application specific issues such as, but not limited to, CGI programming, HTML, etc. Cloud 4 Web does not provide technical support for your customers. All technical support requests must be made by email to firstname.lastname@example.org.
- SPAM and Unsolicited Commercial Email (UCE)
Customers of Cloud 4 Web may not use or permit others to use our network to transact in SPAM or UCE (Unsolicited Commercial Email). Customers of Cloud 4 Web may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, up to and including termination of service.
- Violation of Cloud 4 Web's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Cloud 4 Web will initiate an immediate investigation (within 48 hours of notification). During the investigation, Cloud 4 Web may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cloud 4 Web may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Cloud 4 Web reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cloud 4 Web will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not exceeding $175 CAD per hour that Cloud 4 Web personnel must spend to investigate the matter.
- As our Customers are ultimately responsible for the actions of their clients over the Cloud 4 Web network, it is advisable that Customers develop a similar policy for their clients.
- Any UCE originating from Customer server(s) will, at the discretion of Cloud 4 Web employees, be charged $3 per IP address retroactively from when the IP assignment was made.
- Any actions either directly by the Customer, or indirectly by any of the Customer's affiliates originating from the Customer's server which cause IP blacklisting in any spam databases will have their server immediately removed from our network. The server will remain disconnected until such time that you agree to remove ANY and ALL offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.
- IP Address Ownership: If Cloud 4 Web assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Cloud 4 Web, and Customer shall have no right to use that Internet Protocol address except as permitted by Cloud 4 Web in its sole discretion in connection with the Services. During the term of this Agreement. Cloud 4 Web shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Cloud 4 Web, and Cloud 4 Web reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion at any time. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Therefore, name-based hosting must be used where possible. Cloud 4 Web periodically reviews IP address usage. If it is found that clients are using IP addresses where name-based hosting could reasonably be used, Cloud 4 Web reserves the rights to revoke authorization to use said IP addresses. All IPs that are allocated to client must be utilized within 48 hours. If allocated IP's are not utilized, The Company reserves the right to retract IPs without notifying the client.
- Bandwidth Usage. Cloud 4 Web will monitor Customer's bandwidth. Cloud 4 Web reserves the right to take corrective action if Customer's usage negatively impacts other Customers.
- System and Network Security: Violating or attempting to violate the security of the Cloud 4 Web network is strictly prohibited. Violations of system or network security may result in civil or criminal prosecution. Cloud 4 Web will investigate such occurrences and cooperate with, law enforcement authorities in prosecution against the Users who are involved in such violations. These violations may include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "spoofing", "mail bombing", or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Any actions in order to obtain services to which such User is not entitled.
- Notification of Violation
- Cloud 4 Web is under no duty to monitor User's to determine if a violation of the AUP has occurred, nor does it assume any responsibility through the AUP to monitor or police Internet-related activities.
- First violation: Any User, which Cloud 4 Web determines to have violated any element of the AUP, shall receive, in writing by email, warning of the violation. The Service may be subject, at Cloud 4 Web's discretion, to a temporary suspension pending a written User agreement to refrain from any further violations.
- Second Violation: Users deemed to have committed a second violation of any element of the AUP shall be subject to immediate suspension or termination of service without further notice.
- Cloud 4 Web reserves the right to drop the section of IP space involved in Spam or Denial-of-Service complaints, or any open relays found on your network or a customer's network, or if denial of service attacks are originating from your network. In certain cases, this may have to be performed without informing you.
- Suspension of Service or Cancellation:
Cloud 4 Web reserves the right to suspend network access to any customer if by the judgment of Cloud 4 Web administrators; a customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Cloud 4 Web chooses. If inappropriate activity is detected, all accounts of the Customer will be deactivated until investigated. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for any outage or downtime as a result of such investigations.
- Changes in Policy
Cloud 4 Web reserves the right to amend its policies at any time. All sub-networks, resellers and unmanaged servers of Cloud 4 Web must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. It is entirely the customer's responsibility to communicate its own Acceptable Use Policy to its customers.
In agreeing to the Cloud 4 Web Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Cloud 4 Web for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) which results in loss to Cloud 4 Web or the bringing of any claim against Cloud 4 Web by any third-party. This means that if Cloud 4 Web is sued because of a customer's or a customer of a customer's (ad infinitum) activity, the customer will pay any damages awarded against Cloud 4 Web, plus all costs and attorney's fees.
- Miscellaneous Provisions:
You must provide, and keep current, contact information. The information that must be provided is: e-mail, address, fax, telephone, and billing contacts, in the order of preference.
Responsibility for Content
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- Cloud 4 Web takes no responsibility for any material input by others and posted to the Cloud 4 Web network by Cloud 4 Web Cloud 4 Web is not responsible for the content of any other websites linked to the Cloud 4 Web Network; links are provided as Internet navigation tools only. Cloud 4 Web disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- Cloud 4 Web is not responsible for any damages you or any business may suffer. Cloud 4 Web does not make implied or written warranties for any of our services. Cloud 4 Web denies any warranty or merchantability for a specific purpose including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cloud 4 Web
You, Cloud 4 Web customer, are solely responsible for the content stored on and served by your Cloud 4 Web server
Ordering from Cloud 4 Web signifies your acceptance of this Refund Policy.
Last updated: September 14, 2011.