Cloudcity Concepts
Trading as
Cloudcitysites
OK, before we begin with all the legal mumbo jumbo, the short version is this...
* You know what is good and what is bad.
* You know what is legal and what isn't.
* You know that if you break the rules we can shut your site down AND if neccessary we WILL give your details to the law enforcement authorities.
So play nice!
Anyway, if you want to read the full terms carry on...(any questions please just ask.)
Terms & Conditions
A. GENERAL
1 Definitions
1.1 In these Conditions, the following words and expressions have the following meanings:
“Back-up Services”
means the data back-up, storage and restoration service provided by cloudcitysites and detailed in Section C of these Conditions;
“Bot”
means a piece of software designed to complete a minor but repetitive task automatically or on command, especially when operating with the appearance of a (human) user profile or account. An “Eggdrop Bot” is an open source Internet Relay Chat (IRC) bot.
“Co-location Services”
means the website co-location services provided by cloudcitysites and detailed in Section C of these Conditions;
“Co-location Data Centre”
means the physical location in which Co-location Services are provided;
“Conditions”
means these terms and conditions;
“Contract”
means the contract for the provision of Services by cloudcitysites to the Customer governed by the Order Form and these Conditions;
“Customer”
means the customer to whom cloudcitysites has agreed to provide the Services and whose details appear on the Order Form;
“Customer Server”
means any computer server equipment operated and owned by the Customer;
“Customer Site”
means any Website of the Customer which is the subject of the Hosting Services;
“Data”
includes information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form;
“Dedicated Server”
means the computer server equipment provided by cloudcitysites for the sole use of a single customer;
“Dedicated Server Services”
means the provision of a Dedicated Server for use by the Customer;
“DOS Attack”
means an attempt via a denial-of-service attack to make a computer resource unavailable to its intended users;
“cloudcitysites”
means cloudcity concepts Limited (Company Number: ) trading as “cloudcitysites”, whose registered office is at 6 Allendale square, Sunderland, SR3 3BT UK and its employees, agents or sub-contractors (as appropriate);
“cloudcitysites Server”
means the computer server equipment operated by cloudcitysites for the provision of the Hosting Services;
“Email Services”
means the email services provided by cloudcitysites and detailed in Section C of these Conditions;
“Fees”
means the fees published (including the Pre-registration Fee and Deposit payable in respect of the Pre-registration Services) by or on behalf of cloudcitysites from time to time on the Website and payable in pounds sterling;
“Global Domains”
means domains which are not country specific including without limitation .com, .net, .org, .info, .biz and .name;
“Hosting Services”
means Web-Hosting Services, Email Services, Co-location Services, Dedicated Server Services and Back-up Services, collectively known as the Hosting Services and detailed in Section C of these Conditions;
“Intellectual Property Rights”
means any intellectual property rights or other proprietary rights including but not limited to copyright, design rights, trademarks or names and patents in each case whether registered or unregistered names;
“IRC”
means the Internet Relay Chat, a form of real-time Internet chat or synchronous conferencing;
“Order”
means the Customers application for the Services;
“Order Form”
means the order form and customer sign-up pages annexed to these Conditions or as displayed by or on behalf of cloudcitysites on the Website as at or prior to the date of the Contract;
“Regulations”
means the Consumer Protection (Distance Selling) Regulations 2000;
“Registry”
Means the organisation that has been granted the rights to maintain the definitive database of registrations for a particular TLD, namely Verisign for .com, .net and .org domains, Neulevel for .biz domains, Afilias for .info domains and Global Name Registry for .name domains;
“Relevant Naming Authority”
means Nominet UK for UK domain names, ICANN for international domain names and the .TV Corporation for .tv domains;
“Secure Hosting Services”
means the website hosting services provided on cloudcitysites’s Secure Server and detailed in Section C of these Conditions;
“Secure Shell (SSH)”
means a network protocol that allows data to be exchanged using a secure channel between two networked devices;
“Secure Server”
means an cloudcitysites Server that has a recognised digital certificate installed to allow SSL (Secure Socket Layer) encryption;
“Services”
means any services provided by cloudcitysites to the Customer under this Agreement including without limitation Pre-registration Services, Domain Name Services, Hosting Services, Email Services, Web Re-direction Services, Co-location Services, Dedicated Server Services and Search Engine Submission Services;
“Shared Certificate”
means a shared certificate encryption ID issued by Verisign;
“Site Seal”
means a seal issued by Verisign that enables a visitor to the seal owner’s website to link to a page at Verisign’s website, which shall display certain authentication information related to the organisation and domain listed in the seal;
“Transmit”
includes use, facilitate (e.g. by operating chatroom, discussion groups, FTP sites etc) generate, link to, upload, post, publish, download, store, disseminate, email, send or receive via or in any way connected with our goods or services;
“Web-Hosting Services”
means the website hosting services provided by cloudcitysites and detailed in Section C of these Conditions;
“Website”
means cloudcitysites’s Website accessible via the Internet address or such other address as cloudcitysites shall notify to the customer from time to time.
“ WEBppliance Software”
Means software supplied by Ensim Corporation to provide a graphical user interface to the Linux operating system.
“Web Re-direction”
means a service provided by cloudcitysites whereby a domain can be configured so that it re-directs an internet user to a website located at a different internet address.
“You”
means the Customer applying for the provision of Services from cloudcitysites.
1.2 Where appropriate, words denoting a singular number only shall include the plural and vice versa and words referring to an individual shall include a firm or company as appropriate and vice versa.
1.3 References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and all statutory instruments or orders made pursuant to it.
1.4 All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person in this Agreement are given or entered into jointly and severally.
1.5 The headings in these Conditions are inserted only for convenience and shall not affect their construction.
2 Application of Conditions
2.1 These Conditions, the Order Form and any terms specifically agreed in writing by cloudcitysites supersede any terms stipulated by the Customer in any negotiations or any course of dealing between cloudcitysites and the Customer.
2.2 The Customer acknowledges that there are no representations outside the Contract that have induced it to enter into the Contract, and the Contract constitutes the entire understanding between the parties for the provision of the Services. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
2.3 Unless otherwise provided in these Conditions no modification of the Contract shall be effective unless agreed in writing by a duly authorised representative of cloudcitysites.
2.4 cloudcitysites may from time to time amend these Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end the Contract by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.
3 Obligations of the Customer
3.1 The Customer shall not:
3.1.1 Transmit any Data or otherwise use our products or services in a manner which, we consider in our discretion in any way involves or includes or relates to conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, invasive of another's privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable;
3.1.2 submit to cloudcitysites any Order that it knows or should (after reasonable enquiry) have discovered, infringes or might reasonably be considered to infringe the Intellectual Property Rights of any third party;
3.1.3 use the cloudcitysites Server or any of the Services in any way that might reasonably be considered to infringe the rights of any third party, including but not limited to trademark infringement, copyright infringement, passing off and defamation.
3.1.4 reverse engineer, de-code or in any way disassemble any software provided by cloudcitysites in relation to the provision of the Services;
3.1.5 use the cloudcitysites Server or any of the Services to send, relay, upload, post or receive replies to any unsolicited or unauthorised e-mail messages, mobile phone messaging or any other form of messaging, promotional materials, junk mail, spam, chain letters or other form of solicitation ;
3.1.6 advertise a Customer Site, domain or any product or service offered by or through a Customer Site or domain hosted by cloudcitysites using unsolicited or unauthorised means including junk mail, spam, chain letters or any other form of solicitation; or
3.1.7 enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order Form or otherwise enter information intended to conceal the Customer’s identity. The Customer further acknowledges that it is its responsibility to notify cloudcitysites of any changes to its details and to ensure that those details provided are kept up to date.
3.2 In the event of any breach of the provisions of clause 3.1 by the Customer, cloudcitysites reserves the right forthwith to withdraw, suspend or cancel the Services.
3.3 The Customer acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services.
3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst cloudcitysites has taken steps to safeguard the security of some information (i.e payment details) the Customer inputs on the Website or sends to cloudcitysites on the internet by using secure servers and Secure Sockets Layer (“SSL”) technology which encrypts the information the Customer inputs on its system before it is transmitted to cloudcitysites, cloudcitysites is not and will not be responsible for any damages the Customer may suffer as a result of the loss of confidentiality of such information.
4 Obligations of cloudcitysites
4.1 In the event that the Customer submits any Order or uses any or all of the Services in such a way as may in cloudcitysites’s opinion expose cloudcitysites to the risk of legal or other proceedings or expose cloudcitysites to loss or damage of any kind, cloudcitysites reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit.
4.2 cloudcitysites will comply with all applicable data protection legislation in relation to the personal details that the Customer provides on the Order Form. All information provided to cloudcitysites will be dealt with in accordance with cloudcitysites’s privacy policy which can be found on the Website. The Customer acknowledges that cloudcitysites is under no obligation to edit, review or modify information provided by or on behalf of the Customer. In order to maintain the integrity of the service, cloudcitysites reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, cloudcitysites may also forward contact details where a complaint arises concerning the Customer’s use of the Service and where that use is deemed by cloudcitysites to be inconsistent with these user conditions.
4.3 In the event that software that has been developed by third parties (“Third Party Software”) is available to the Customer through the Website and such Third Party Software is licensed to the Customer pursuant to separate terms (“Third Party Licenses”) the Customer agrees that he has had the opportunity to review the Third Party Licenses and agrees to comply with them. In the event of a conflict between these Conditions and a term of a Third Party License, the terms of the Third Party License controls with respect to the applicable Third Party Software only.
5 Fees
5.1 The Customer shall pay to cloudcitysites the Fees, inclusive of any additional costs incurred by cloudcitysites in processing an Order (subject to clause 5.4).
5.2 The Fees shall be paid by the Customer, as detailed on the Website, without set off or counterclaim.
5.3 The Customer acknowledges that the provision of the Services is conditional on cloudcitysites receiving payment of the Fees in full and in the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, cloudcitysites reserves the right forthwith to withhold, suspend or cancel the Services.
5.4 The Customer acknowledges that occasionally unforeseen charges are incurred in processing Orders. cloudcitysites shall obtain the Customer’s written consent before incurring such charges.
5.5 Interest will be charged on overdue accounts at a rate of 4 % above the base rate from time to time in force of Abbey Bank PLC or such other rate as may be published on the Website. Such interest will be calculated on a daily basis from the date payment was due until the date payment is received (including any time following the entry of judgement) and will be compounded monthly.
6 Bulk Discounts
If the Customer places an Order for multiple items where the relevant Fee is advertised on the Website as a discounted Fee and one or more of the items ordered is unavailable then cloudcitysites reserves the right to charge the Customer for the advertised discounted Fee for the number of items actually available.
7 Refunds and Credits
Unless otherwise provided in the Contract the Customer shall not be entitled to any refund of Fees or a credit against any future Order.
8 Indemnity
The Customer shall indemnify cloudcitysites and it’s suppliers and keep cloudcitysites and it’s suppliers fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by cloudcitysites as a result of:-
(i) access to and/or use of the Services by the Customer;
(ii) any information, data or material produced, transmitted or downloaded by the Customer;
(iii) any breach by the Customer of any of the provisions of these Conditions or of any law, code or regulation relating thereto or to the internet.
9 Limitation of Liability
9.1 cloudcitysites warrants to the Customer that the Services will be provided using reasonable care and skill.
9.2 Except as set out expressly in these conditions, cloudcitysites excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the Services whether imposed by statute or operation of law or otherwise including but not limited to implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose.
9.3 Whilst cloudcitysites makes no attempt in the Contract to limit its liability for death or personal injury arising from its negligence, in no circumstances shall cloudcitysites or it’s suppliers be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:
9.3.1 any increased costs or expenses;
9.3.2 any loss of profit, business, contracts, revenues, or anticipated savings;
9.3.3 the consequences of any failed or unsuccessful domain name, registration;
9.3.4 any claims that the domain name registered or requested by the Customer to be registered by cloudcitysites on behalf of the Customer or that any Customer Site or material on a Customer Site infringes the Intellectual Property Rights;
9.3.5 the consequences of any errors or interruption in the Services ;
9.3.6 any failure of e-mail including without limitation non-receipt and mis-routing; or
9.3.7 any changes in any of cloudcitysites’s facilities, operations, procedures, products or Services which render obsolete or require modification of or alteration to the Customer’s equipment or software;
9.3.8 any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by cloudcitysites of the Services or the performance by cloudcitysites of the Contract.
9.4 Notwithstanding anything contained in the Contract cloudcitysites’s liability to the Customer in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Fees paid by the Customer for the Services.
9.5 The Customer expressly acknowledges that the provisions of this clause 9 satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and that it shall be stopped from claiming to the contrary at any future date in the event of any dispute with cloudcitysites concerning cloudcitysites’s liability hereunder.
9.6 Where the Services are performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
10. Suspension and Termination
Without prejudice to any of its other rights, either party shall have the right to immediately terminate the Contract and cloudcitysites may also suspend or restrict the Services to the Customer, if:
10.1 the Customer commits any material or repeated breach of the Contract and/or, fails to remedy any breach which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of clauses 3, 4 or 5 may be deemed a non-remediable breach and cloudcitysites may immediately suspend or restrict the Services without notice to a Customer breaching these clauses. In the case of a suspected breach by the Customer cloudcitysites will take whatever steps it believes necessary to investigate and resolve matters;
10.2 the other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the Contract) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts.
11. Resellers
11.1 If the Customer is acting in the capacity of a reseller of the Services or on behalf of a third party the Customer agrees:-
11.1.1 to ensure that its customers or the third party are bound by the Conditions or terms and conditions no less exhaustive than the Conditions;
11.1.2 to ensure that at all times it acts in accordance with its customers’ instructions;
11.1.3 to ensure that it seeks permission from its customers before passing any of their personal details to cloudcitysites;
11.1.4 to provide all appropriate support to its customers including without limitation general customer services, billing and collection of fees and technical support;
11.1.5 to use commercially reasonable efforts to inform its customers when a domain name registration is due for renewal at least thirty (30) days prior to the end of the applicable registration term;
11.1.6 not to incur any liability on the part of cloudcitysites; and
11.1.7 not to make any representation or warranty on behalf of or pledge the credit of or otherwise bind cloudcitysites
11.2 cloudcitysites reserves the right to contract with the Customer's customer directly in relation to the provision of the Services on termination of the Contract with the Customer howsoever arising and/or in the event that cloudcitysites is unable to contact the Customer and/or in the event that cloudcitysites receives a complaint from the Customer’s customer providing that the Customers customer has requested cloudcitysites to contract with them.
12. Proprietary Rights
The Customer acknowledges that all title, rights and interest in the Services shall remain with cloudcitysites and/or its suppliers and that the Customer shall not under any circumstances obtain any proprietary rights in respect of the Services.
13. Force Majeure
Neither party shall be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under the Contract as a direct result of the effect of one of those reasons, that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of the Contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the reason continues for a period which substantially affects the commercial intention of the Contract, the party not claiming relief under this clause 13 shall have the right to terminate the Contract upon giving 7 day's written notice of such termination to the other party.
14. Assignment
The Contract is personal to the Customer and the Customer’s rights may not be assigned, sub-licensed or transferred in any way.
15. Severability
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Contract howsoever occasioned.
16. No Waiver
No waiver by cloudcitysites shall be construed as a waiver of any preceding or succeeding breach of any provision.
17. Notices
Any notice or other documents given under the Contract shall be given in writing and in English and shall be deemed to have been duly given on the date of dispatch if hand delivered or sent by first class post, express, airmail, other fast postal service, registered post or telex, facsimile or other electronic media to the last known address of the party to whom the notice is addressed. To prove the giving of notice or other document it shall be sufficient to show that it was dispatched.
18. Governing Law
The validity, construction and performance of the Contract shall be governed by English law and the parties hereby submit to the jurisdiction of the English Courts.
C. WEB-HOSTING, SECURE HOSTING, SITE SEALS, EMAIL, CO-LOCATION, DEDICATED SERVERS AND BACK-UPS
This Section C together with Section A of the Conditions constitute the terms of the Web-Hosting Services, the Email Services the Co-location Services, Dedicated Server Services and Back-up Services, collectively known as the Hosting Services
1. Licence
In accepting the Customer’s application to subscribe to the Hosting Services, cloudcitysites grants the Customer a non-exclusive, non-transferable, royalty free and restricted licence to use the requested services package, as published on the website at the time such services are purchased.
2. Provision of Services
2.1 The facilities and services provided within the Services will be defined by the description of the services applied for by the Customer on the Website at the time of the application, including but not limited to the specification of the storage space and data transfer that will be made be available. If the storage or data transfer limits are exceeded, it will be necessary for the Customer to upgrade the Services or purchase additional storage and/or data transfer as required.
2.2 Whilst cloudcitysites undertakes to use reasonable endeavours to provide the Services promptly following the Customer’s application, it is possible that restrictions in the availability of resources may lead to a delay.
2.3 Whilst cloudcitysites undertakes to use reasonable endeavours to maintain an acceptable level of security, it cannot give any guarantee regarding the security of material hosted on the cloudcitysites Server or Customer Server.
2.4 Whilst cloudcitysites undertakes to use reasonable endeavours in the provision of the Services, it does not guarantee that provision of the Services will be error-free or uninterrupted.
2.5 cloudcitysites may from time to time have to suspend the Services for repair, maintenance or improvement and in such circumstances cloudcitysites undertakes to notify the Customer as far in advance as possible and to endeavour to keep the period of suspension to the minimum length of time necessary to carry out such works.
2.6 In light of clauses 2.3, 2.4 and 2.5 above the Customer accepts that the Services are not intended to be used in circumstances where fail-safe performance is required.
2.7 cloudcitysites reserves the right to suspend or modify the Services if the Customer’s continued use of the Services is determined, at cloudcitysites’s sole discretion, to be detrimental to the running of any cloudcitysites Server or to the use of the Services by any other Customer.
2.8 cloudcitysites reserves the right to terminate the Contract for the provision of Services at any time. If cloudcitysites exercises this right for any reason other than as described elsewhere in these Conditions, cloudcitysites will give 30 days notice of termination and will refund the Fees.
2.9 cloudcitysites reserves the right to monitor the Customer Site, the cloudcitysites Server and the Customer Server and the Customer’s use of the Hosting Services and shall be entitled at all times and without notice to refuse to host any material and/or to suspend availability of the Customer Site or other Hosting Services and/or to remove any material which cloudcitysites in its sole discretion believes contravenes any of the warranties in clause 3 below or otherwise harms cloudcitysites.
2.10 Where cloudcitysites proposes to take action pursuant to clause 2.9 above it shall notify the Customer of its action as soon as possible.
2.11 cloudcitysites’s rights to suspend availability of the Customer Site or other Hosting Services and/or remove material is without prejudice to the Customer’s sole responsibility for the content of the Customer Site or other Hosting Services and to the warranties given by the Customer under clause 3 below.
2.12 The Customer acknowledges that hosting of the Customer Site, the provision of the Customer email account, the co-location of the Customer Server and the rental of a Dedicated Server by cloudcitysites does not amount to cloudcitysites’s approval of the Customer Site or material on the site or the Customer’s use of email or the cloudcitysites Server or Customer Server and shall not under any circumstances constitute a waiver of any of cloudcitysites’s rights or the Customer’s obligations under this Agreement.
2.13 On termination of the Contract, howsoever arising, cloudcitysites shall be entitled to immediately stop access to and to remove all material from the Customer Site, Dedicated Server and email account and also to post an appropriate notice regarding the lack of availability of the Customer Site, Dedicated Server and email account
2.14 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, the Customer shall be solely responsible for making and maintaining its own back-ups of any material on the Customer Site, email account, cloudcitysites Server and Customer Server and acknowledges that cloudcitysites cannot be held responsible for the consequences of any loss of such material.
2.15 In relation to the Co-location Services:
2.15.1 cloudcitysites will, on request, perform a hard re-boot on the Customer Server during normal office hours. cloudcitysites’s obligation in this respect will be limited to a maximum of four hard re-boots per calendar month;
2.15.2 On request, the Customer will be granted access to the Customer Server at the Co-location Data Centre. This access will take place during normal office hours and will be granted up to a maximum of four times per calendar month. At least two working days notice should be given when access is required. In an emergency cloudcitysites will endeavour to grant access at shorter notice, but no guarantee of this can be undertaken;
2.15.3 The Customer Server is the property of the Customer and may be removed from the Co-location Data Centre by the Customer. The Customer should give two working days written notice if the Customer Server is to be removed. Once removed, the agreement to provide Co-location Services will be terminated and the Customer will have no further right to this service.
2.16 In relation to the use of email aliases and sub-domains:
2.16.1 If the Customer applies to use an email alias or sub-domain attached to a domain not owned by the Customer, cloudcitysites cannot guarantee that the desired alias or sub-domain will be available;
2.16.2 If the Customer applies to use an email alias or sub-domain attached to a domain not owned by the Customer, cloudcitysites cannot guarantee that the selected domain will continue to be available beyond the initial term of the Email or Hosting Services applied for.
2.17 In relation to the Dedicated Server Services:
2.17.1 cloudcitysites will use commercially reasonable efforts to repair or replace any faulty component in the cloudcitysites Server, but cloudcitysites cannot be held liable for any delays due to factors beyond cloudcitysites’s control, including but not limited to delivery delays or non-availability of replacement components;
2.17.2 On request, cloudcitysites will recover the cloudcitysites Server on the Customer’s behalf, subject to an annual limit, which is currently set to one such request per year;
2.17.3 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, a request from the Customer to recover the cloudcitysites will result in the server being restored to its original state and any data, programs or web-sites belonging to the Customer will not be retained;
2.17.4 If the Customer so wishes, cloudcitysites will install upgrades and patches to the cloudcitysites Server from time to time. Only software that has been approved by the manufacturer of the cloudcitysites Server will normally be installed, although cloudcitysites may consider requests for installation of unapproved software at an additional cost, but cloudcitysites cannot be held responsible for the functioning of a server running unapproved software;
2.17.5 In the event of the Customer requesting full root access to the cloudcitysites Server, the Customer accepts full responsibility for all management and maintenance of the server, including but not limited to system monitoring and recovery and installation of all upgrades and patches;
2.18 In relation to the Back-up Services:
2.18.1 cloudcitysites will use reasonable efforts to back up the Customer’s data from the cloudcitysites Server or Customer Server as defined by the description of the Back-up services on the Website at the time of the application, but cloudcitysites shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any data, file or material being damaged, corrupted or lost from whatever cause;
2.18.2 If the disk space allocated to the Customer for the Back-up Services is fully utilised, the back-up process will overwrite the oldest data back-up stored at that time, resulting in the loss of the overwritten back-up;
2.18.3 On request, cloudcitysites will restore data from a data back-up to the cloudcitysites Server or Customer server, subject to a monthly limit, which is currently set to one such request per month.
2.19 In relation to the Secure Hosting Services and Site Seals:
2.19.1 Verisign have sole authority over the issuing of Site Seals and Shared Certificates and cloudcitysites cannot be held responsible for any unsuccessful applications, in the event of an application being unsuccessful cloudcitysites will refund any fees paid in connection with that application;
2.19.2 The provision and use of Shared Certificates and Site Seals is governed by additional terms and conditions laid down by Verisign, which can be reached via the following links:
2.19.2.1 End User Shared Certificate Subscriber Agreement
2.19.2.2 End User Secure Site Seal Subscriber Agreement
2.19.3 All scripting software including but not limited to CGI and PHP scripts must be submitted to cloudcitysites for approval before being used on the Secure Server, such approval to be granted or denied at cloudcitysites’s sole discretion;
2.19.4 Any scripting software that is determined, at cloudcitysites’s sole discretion, to be detrimental to the running of the Secure Server or any cloudcitysites Server or to the use of the Services by any other Customer may be removed by cloudcitysites, notwithstanding that it may previously have been approved by cloudcitysites for use on the Secure Server;
2.19.5 cloudcitysites will use reasonable efforts to ensure the security of its Secure Hosting Services, including the use of Secure Socket Layer encryption and firewall technology, but cloudcitysites shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any breach of security from whatever cause.
2.21 The Customer shall be solely responsible for the Customer Site, and the Customer Server (and all material hosted thereon) and all material hosted on the cloudcitysites Server and for ensuring that the Customer Server and Customer Site function satisfactorily. The Customer recognises that the use of the Hosting Services, the Dedicated Server services and the Co-location Services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet.
2.22 If the Customer is paying for Hosting Services on a monthly basis, cloudcitysites reserves the right to suspend the Hosting Services in the event of non-payment. If payment is not made within 1 month of suspension, cloudcitysites may delete the content of the Customer Site and the cloudcitysites Server and will have no further obligation to the Customer in respect of the Hosting Services.
2.23 If the Services are covered by a Service Level Agreement (SLA), the following conditions apply:
2.23.1 Loss of service caused by events described in clause A13 Force Majeure are excluded and may not be claimed for under the SLA;
2.23.2 Any guarantee relating to server re-boot is subject to the limitation described in 2.15.1 above;
2.23.3 The SLA excludes any server or network unavailability due to scheduled maintenance work for which the Customer has been given advance notification;
2.23.4 Claims under the SLA relating to Dedicated Server Services will be limited to the portion of the fees allocated to the Co-location Services;
2.23.5 If the Customer wishes to make a claim under the SLA, the claim must be made in writing within one month of the incident to which the claim relates.
3 Customer Warranties
The Customer warrants, represents and undertakes:
3.1 that it has the knowledge referred to in clause 2.19. The Customer accepts that it is not the responsibility of cloudcitysites to ensure that the Customer has such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis
3.2 that it will obtain all necessary licenses and consents in respect of any material posted on the Customer Site, email account, cloudcitysites Server or Customer Server prior to posting such material;
3.3 that any material posted on the Customer Site, cloudcitysites Server or Customer Server or email sent through the Customer email account is not offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or does not infringe the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute or encourage a criminal offence;
3.4 that it will not transmit any such material from the Customer Site, cloudcitysites Server or the Customer Server nor will it link to any such material from the Customer Site, cloudcitysites Server or the Customer Server;
3.5 that it will not nor will it permit or authorise any other party to use the cloudcitysites Server, the Customer Site or the Customer Server in breach of any law or regulation;
3.6 that it will not nor will it permit or authorise any other party to use the cloudcitysites Server, the Customer Site or the Customer Server in any way which is or may be detrimental to cloudcitysites;
3.7 to abide by any limitations imposed by cloudcitysites and to keep secure any confidential information provided by cloudcitysites including any passwords to use the Hosting Services, the Email Services, Dedicated Server Services or the Co-location Services;
4 Cancellation
4.1 If the Customer is acting as a consumer and not as a business in submitting an Order for any Services, not including Domain Name Services then, pursuant to the Regulations, the Customer may, for a period of seven working days commencing with the day following cloudcitysites’s acceptance of the Order, cancel the Contract by giving notice in accordance with clause 18 of Section A of these Conditions and upon cancellation the Customer shall receive a refund of any Fees paid in relation to the Order in question or a credit against any future Order.
4.2 The Customer accepts that any use of the Services by the Customer will amount to a waiver by the Customer of its right to cancel the Contract under clause 4.1 above.
5 Acceptable Use Policy (AUP)
The Customer shall not obtain or attempt to obtain access, through any means, to areas of cloudcitysites's network or the Services which are identified as restricted or confidential. This includes leaving the Customer's home directory whilst using SSH access to servers.
The Customer is not allowed to operate or attempt to operate IRC bots or other permanent server processes. cloudcitysites does not allow IRC, Eggdrop bots or anything similar on cloudcitysites's network. Due to the IRC servers being subject to DOS Attacks, the ports necessary to make IRC work are filtered. If the Customer runs IRC server inside the cloudcitysites network, the Customer's account will be terminated without notice. In addition, the following scripts with known security issues are not at any time allowed used through the Services of cloudcitysites: UltimateBBS (all versions), Ikonboard (all versions), IRC Eggdrops, Proxy Servers, nph-proxy, The Anonymizer, any soap mailers, CGI-telnet or script that opens a shell session with the server. The list of non-permitted scripts is illustrative and not exhaustive.
The Customer is fully responsible and liable for the use and content of their website which is hosted by cloudcitysites. For the avoidance of doubt, cloudcitysites is not obliged to monitor, and will have no liability for the use and content of any communications transmitted through use of and by virtue of the Services. If the Customer fails to comply with the Acceptable Use Policy (AUP), cloudcitysites shall be entitled to withdraw the Services and terminate the Customer's account without notice.
In the event that the Customer uses cloudcitysites's Services for any purpose deemed irresponsible or otherwise inappropriate, cloudcitysites reserves the right to suspend the Services during investigation of the Customer's usage in consultation with the Customer. Should investigation determine that the Services have been used irresponsibly or otherwise inappropriately, cloudcitysites reserves the right to terminate the Customer's account with immediate effect. Wherever possible, the Customer will be notified in advance of any termination. It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation. Attempts to circumvent copy protection technology and encryption are equally likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
6 Amendment
cloudcitysites may from time to time amend the Conditions and any such amendment will be displayed at least 14 DAYS prior to the implementation of the amendment. If the Customer is a consumer it may end this Agreement by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.
Privacy Policy
This website is provided by cloudcity concepts Limited (also known as "cloudcitysites").
cloudcity concepts Limited (hereinafter referred to as cloudcitysites) is committed to protecting the privacy of its customers. This privacy policy applies to the websites managed by cloudcitysites (including but not limited to cloudcitysites.com and all subdomains of these) as well as the services and products provided through those sites. From to time we may make alterations to our website and to the products and services provided through it. This, and our commitment to protecting the privacy of your personal information may result in periodic changes to the privacy policy. Any such changes will be posted on this page and we would ask that you refer back to it regularly in order to review any amendments.
Use of the cloudcitysites websites and services indicates your consent to the collection and use of information as described below.
Any questions which you may have regarding this privacy policy should be directed to admin@cloudcitysites.com
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1. What information is collected and how is it used?
We ask you to supply certain information when you sign up with us as a customer. This information MAY include your name, the name of your business (if applicable), your postal address, email address, telephone number, fax number (if applicable) and how you heard of us. This information will be used in the management of our own database and to enable us to contact you about the service you have requested (for example, to confirm the registration of a domain name or to inform you of the need to renew your registration when it expires).
We may also use your email address to send you our regular cloudcitysites newsletters. If you wish you may opt out from receiving these newsletters (see "cloudcitysites Newsletter" below).
In addition, when you use our website we store your IP address and may use this information to administer our website and help to diagnose any network or server problems. Our website uses cookies to keep track of your use of our website and e-commerce system. Information passed to us from your web browser may be stored and used in our internal statistical analysis. We may also automatically collect non-personal information about you such as the type of internet browsers you use or the site from which you linked to our website. You cannot be identified from this information and it is only used to assist us in providing an effective service on our website.
2. Do we share the information with anyone else?
cloudcitysites will not, without your consent, divulge your personal information to a third party except in the following circumstances:
2.1 in order to register a domain name we are required to send your name, business name (if applicable), postal address and email address to organisations that formally record the registration; this information may be available to others via a "Whois" search;
2.2 if required to do so by law or by any organisation with appropriate authority;
2.3 if you have signed up for optional services which require us to pass your personal information to another company (see "Optional Services" below);
2.4 to any financial institution with whom we hold an account for the purpose of verifying credit status and / or validating financial transactions;
2.5 we may provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you;
2.6 in order to assist us in understanding our customer base some anonymous information (i.e not name or specific address) may from time to time be passed on to a third party for data analysis. If you do not wish your details to be utilised in this way you should follow the instructions on the page where you submit your details or contact the helpdesk;
2.7 as part of a sale or transfer of the shares and/or assets of cloudcitysites Limited.
cloudcitysites is not responsible for the privacy practices of other companies or websites.
3. Credit Cards
Credit card payment for our services is processed by our secure payment service provider. We do not record your credit card details on our database and the payment service provider does not record any other information about you.
4. cloudcitysites Newsletter
From time to time cloudcitysites will send newsletters to those customers who have opted to be included on our various customer mailing lists. New customers have the opportunity to decide to opt in or out of these mailing lists when they first sign up with us to create an account. Existing customers or other people who are interested in the newsletters may opt in or out on the cloudcitysites.com website or by sending an email request to our helpdesk support team.
5. Optional Services
From time to time cloudcitysites will offer additional services to our customers. In some cases these services may require us to pass personal data held by us to a third party. Any such service will be optional and the opt-in process will clearly show that personal data will be shared with another company.
6. How long will we hold data on you?
cloudcitysites will not hold data for longer than is reasonably necessary for the purposes of the proper conduct of its business or as required by law.
7. Where is the data we hold stored?
Information which you submit via our website is stored on a computer and sometimes on paper at our offices located in the European Economic Area. This is necessary in order to process the information and to send you any information you have requested.
8. Security
cloudcitysites places great importance on the security of all information associated with its customers and has security measures in place to attempt to protect against the loss, misuse and alteration of customer data under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to user information. With regard to our website, we may use secure server software (SSL) to encrypt information you input before it is sent to us. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use our best efforts to prevent this.
9. Links to Other Sites
The cloudcitysites website contains advertising and links to other websites. No personal information is passed to other websites if you follow one of these links. cloudcitysites is not responsible for the privacy practices or content of linked websites. We would encourage you to read the privacy statements of other websites, since their privacy policy may differ from ours.
10. Changes to Personal Information
If you need to change the information that we keep, for example because you have moved or to correct an error, please contact us at admin@cloudcitysites.com
11. Consent
Use of the cloudcitysites.com (or any other sub domain eg. .co.uk, .net) website and services indicates your consent to the collection and use of information as described in this policy. Any changes to the policy will be posted on this page.
12. Governing Law
cloudcitysites Limited is a UK company and this privacy policy is intended to be interpreted under English law.
Copyright 2009 - James West (www.cloudcitysites.co.uk)