Central user contract
General terms of the services of CloudyHost
1.1 In these General Terms and the Contracts, terms and definitions are used in the following meaning:
1.1.1. CloudyHost – contacts provided on the web page (www.cloudyhost.com);
1.1.2. Environment – the environment for ordering and administering the Services accessible through the web page of CloudyHost (www.cloudyhost.com);
1.1.3. Central User – holder of an Environment user account, any natural person or legal entity that has entered into an agreement for the use of the Environment;
1.1.4. Central User Agreement – an agreement on the basis of which the Central User shall be granted the right to use the Environment;
1.1.5. Client – any natural person or legal entity having entered into an agreement for the use of the Services;
1.1.6. Contract – any contract (incl. Central User Contract, Service Contract) entered into between CloudyHost and the Client / Central User;
1.1.7. Party – Client or CloudyHost; Parties – Client and CloudyHost together; in case of a Central User Contract, CloudyHost and the Central User are deemed to be the Parties;
1.1.8. Service – any service provided by CloudyHost, including Server Service and Domain Service;
1.1.9. General Terms of Service – general terms of a respective type of Service;
1.1.10. Special Conditions of Service – special conditions of a respective Service;
1.1.11. Service Contract – Contract for the use of a particular service of CloudyHost, incl. the general terms of this type of service (Server Service, Domain Service), Special Conditions of Service, and other applicable terms and conditions;
1.1.12. Server Service – Service, which consists of the allocation of server resource for the use by the Client, together with any potential additional services (e-mail addresses, use of software, etc.);
1.1.13. Domain Service – Service, which consists of the registration of a domain name to the Client or intermediation thereof, together with any potential additional services;
1.1.14. Contract Documents – General Terms, General Terms and Special Conditions of the Services, Price List, and all Contracts with their annexes;
1.1.15. General Terms – these general terms of the services of CloudyHost;
1.1.16. Price List – document available on the web page (https://www.cloudyhost.com) of CloudyHost, which provides the prices of the Services.
1.2. Any terms not defined herein shall be used in the meaning provided by legislation, and in the absence thereof in their customary meaning.
2. Central user contract
2.1. The Central User will be entitled to use the Environment, order and administer Services via the Environment by means of entering into the respective Service Contracts. The Client retains the right to authorise another Central User or a natural person to administer the Services technically, but the Client shall remain liable for the activities of the authorised person or Central User.
2.2. Upon entry into the Central User Contract, the Central User accepts the General Terms.
2.3. The Central User uses the Environment, incl. enters into and terminates Contracts personally. The Central User undertakes not to intermediate or enable access to the Environment to any third persons, incl. not to disclose to any third persons the authorisation codes issued to the Central User. CloudyHost shall not disclose to any third persons the authorisation codes issued to the Central User.
2.4. In addition to this, the provisions stated with regard to Contracts in the General Terms shall apply to Central User Contracts.
3. Entry into contracts
3.1. Contracts are concluded electronically. The Central User Contract is concluded using the form on the web page of CloudyHost. All the other Contracts shall be entered into through the Environment.
3.2. CloudyHost concludes Contracts in the English language. In the application of the Contracts, the English text takes precedence, incl. in the settlement of disputes.
3.3. The entry into the Central User Contract shall constitute a prerequisite for ordering any Service from CloudyHost. No obligation to order any Services shall arise from concluding the Central User Contract.
3.4. For concluding the Contract, the Client shall submit an order to CloudyHost using the respective order form—this shall be considered as an offer. Before the order is confirmed, the Client has the possibility of checking their data and correcting mistakes, if necessary. CloudyHost shall send a confirmation to the Client by e-mail concerning the receipt of an order.
3.5. When ordering the Service, the Contract Documents relating to the Service shall be displayed to the Client for examination, and upon submitting the order, these Contract Documents shall be deemed to have been accepted by the Client. The Contract has been concluded from the moment when CloudyHost has accepted the offer, sending a respective message to the Client’s e-mail address. Upon entry into the Central User Contract, a message shall be sent to the Central User’s e-mail address.
3.6. CloudyHost gives its acceptance to the offer or refuses it within fourteen (14) calendar days at the latest.
3.7. CloudyHost shall send its acceptance or refusal of the offer by a relevant message to the e-mail address of the other Party. Upon concluding the Central User Contract, the Central User shall be sent the authorisation codes required for the use of the Environment.
3.8. CloudyHost is entitled to refuse to enter into any Contracts in cases when the other Party has violated the terms and conditions of the use of any services provided by CloudyHost or any third persons (incl. payment obligation) or the good practice of using the Internet, or due to any other causes deemed considerable by CloudyHost.
3.9. Any Client who is a consumer is entitled to withdraw from the Contracts without notifying CloudyHost of the reason in fourteen (14) calendar days from concluding the Contract by submitting an application to CloudyHost in a format which can be reproduced in writing. The withdrawal application may be submitted by a Client who is a consumer with the client’s withdrawal application form or in another unambiguous format.
3.9.1. The withdrawal right is not applicable if CloudyHost has fully performed its contractual obligations, if the provision of the service commenced upon the clear consent of the Client before the term of consumer withdrawal ended provided that the Client who is a consumer acknowledged that they lose the consumer’s withdrawal right when CloudyHost performs the Contract.
4. Representations of the parties upon concluding contracts
4.1. The Parties represent to each other that:
4.1.1. they are persons with passive and active legal capacity, no bankruptcy proceedings have been initiated against them, and no bankruptcy cautions have been filed. No dissolution resolution has been passed with regard to the Party that is a legal entity;
4.1.2. all consents and authorisations required for a valid entry into and performance of the Contract have been obtained, and it does not involve any violations of obligations by either Party, arising from the legislation or administrative legislation, court judgement or any other legal relationships;
4.1.3. they have all the resources and skills for the performance of the obligations arising from the Contracts.
4.2. The Parties shall notify the other Party immediately of any changes in the circumstances provided in clause 4.1.
4.3. The Client and the Central User represent that:
4.3.1. prior to entry into the Contract, they have examined all the Terms and Conditions of the Contract (incl. the applicable General Terms and Special Conditions of Service, General Terms, and Price List), these are unambiguously understandable to them, and they are aware of the rights and obligations that emerge on the basis of the Contract.
4.3.2. all data submitted by them to CloudyHost upon concluding the Contracts is correct, they understand that in addition to CloudyHost, any third person may rely on their correctness, and are aware that upon submitting false data, sanctions may be applied in relation to them as well as CloudyHost.
4.4. The said confirmations shall be deemed to have been given upon concluding all the Contracts (incl. Central User Contract as well as any further Service Contracts).
5. System of contract documents
5.1. The General Terms shall apply to all the Contracts.
5.2. The types of Services (Domain Service, Server Service, etc.) have individual general terms, which apply to all Services. In addition to this, any particular Service may have Special Conditions of Service, which specify the differences from the general terms of the respective type of Service. The General Terms and Special Conditions of Service constitute an integral part of the respective Service Contract.
5.3. Any particular Service has its technical parameters (e.g., in case of the Server Service, the volume of the resource ordered), which are determined upon ordering the particular Service and which constitute an integral part of the respective Service Contract.
5.4. The Contract Documents of the contracts entered into by the Client shall be maintained and are available in the Environment.
5.5. Upon the performance and interpretation of a particular Contract, the Contract Documents shall be considered a whole. In case of any contradiction, the Contract Documents shall have the following priority (in the order of application):
5.5.1. any terms and conditions separately agreed by the Parties;
5.5.2. technical parameters of the Service;
5.5.3. price List;
5.5.4. Special Conditions of Service;
5.5.5. General Terms of Service;
5.5.6. General Terms and Central User Contract.
5.6. By accepting any Contract Document upon concluding any Contract, it shall be deemed that the Party has also accepted the respective Contract Document upon entry into other Contracts to which the respective Contract Document is applicable.
6. Provision, amendment and suspension of services
6.1. CloudyHost provides Services electronically. Ordering, administration and use of Services requires that the Parties have an Internet connection. CloudyHost does not provide Internet connection.
6.2. CloudyHost shall make reasonable and necessary efforts on its part to ensure the reliable operating of the Services; however, failures cannot be completely excluded due to the nature of the Services. The Client shall immediately notify CloudyHost of any problems that occurred upon using the Service. Thereupon, the Client shall state his name, description of the problem, and any other circumstances regarded important by the Client.
6.3. CloudyHost provides user support to its Services in different volumes and forms described in the General Terms and Special Conditions of the particular Service. User support is provided according to the calendar and time on working days and during work hours (09:00–17:00)
6.4. The Client is entitled to use the Service according to his or her wishes and needs but pursuant to its intended purpose. The Client undertakes to use the Services in accordance with the Contracts, legislation (incl. intellectual property law), good customs and practice.
6.5. CloudyHost shall not monitor the activities of the Client regarding the use of Services with regard to its compliance with the current law. CloudyHost is entitled to suspend the provision of Service to the Client in case information is received that the Client violates the rights of any third persons in using the Service. In case of any dispute with regard to the existence of any violations, CloudyHost is entitled to suspend the provision of Service until the final settlement of the dispute between the Client and such third person.
6.6. The Client undertakes to use the Services in accordance with the technical parameters of the ordered package; and to order a Service / additional resource that satisfies the needs in case of its inadequateness. Upon discovering the non-conformity of the technical parameters (e.g. the volume of the server resource used by the Client exceeds the agreed total volume), CloudyHost shall propose to the Client to bring the use of Service into conformity with the Contracts (e.g. optimize the database exceeding the ordered server resource) within one (1) week, provided that this is the first case of non-conformity. If the Client does not fulfil the request, additional costs regarding resources exceeding the Contract shall apply to the Client, if such costs are provided in the Price List. In subsequent cases, CloudyHost shall apply additional costs without giving a term to eliminate the violation.
6.7. CloudyHost wishes to keep its Services modern and competitive. CloudyHost is entitled to change the principles of using the Services, incl. any technology and software solutions used for the provision of the Service, by notifying the Client thereof in advance. Inter alia, the respective need may be caused by any amendments to the legislation, technological development, and security issues.
6.8. CloudyHost is entitled to suspend the provision of Service to the Client in case the Client is in delay in performing the Client’s financial obligations or if the Client is in breach of the Contracts in any other way.
6.9. CloudyHost is entitled to restrict or suspend the provision of Service if the services of the other clients of CloudyHost are disturbed to a significant extent due to any circumstances that are beyond its control (e.g., an attack against the Client originating from the Internet), and if the respective impact cannot be reasonably removed by any measures less burdening for the Client.
6.10. CloudyHost may offer to the Client an option to increase the resource (e.g. used disk space) related to the Service for a fixed term.
6.10.1. Additional resource may be ordered through the Environment. The Client orders additional resource pursuant its own discretion, and is liable for its suitability and sufficiency for the Client’s needs.
6.10.2. The Client pays an additional fee for the additional resource pursuant to the Price List or agreement between the Parties. The Client shall pay for a fixed-term additional resource to the extent of the full ordered period, even if the Client waives to use the additional resource before the expiry of the term.
6.10.3. Upon using the additional resource, the Client is required to guarantee that the respective resource is vacated by the Client upon the expiry of the term. By not fulfilling this obligation, the additional resource agreement becomes indefinite and the Client is required to continue paying for the additional resource.
6.10.4. As of the additional resource agreement becoming indefinite, the fee for the additional resource is calculated by the day, calculating the daily cost by dividing the price of the CloudyHost-provided additional resource determined for the shortest period with the days within that period.
6.10.5. Upon the additional resource agreement becoming indefinite, the Client must issue an order via the Environment for its termination. Issuing the order is only possible upon vacating the additional resource. Upon issuing the order, the additional resource agreement terminates immediately and the Client does not have to pay for it as of the next day on.
6.11 In case of the non-compliance of the terms and conditions of the Service Contract, a Client who is a consumer can rely on the legal remedies provided by law.
7. Fee for the services. Settlements. Amendments to the price list
7.1. The Client undertakes to pay for the Services ordered, unless the Service is free of charge. The fees are provided in the Price List.
7.2. The Price List may provide price discounts, incl. to Clients who make advance payments for the Services in the determined amount. In the latter case, the discount applies provided that the Client does not waive the use of the Services paid for in advance before the exhaustion of the advance payment, except if it arises from the violation of the Contract by CloudyHost.
7.3. The prices specified in the Price List include VAT at the current rate; no other taxes or additional fees apply. The Client’s obligation to pay for the Service shall arise upon ordering the respective Service. The obligation to pay the fee shall not depend on whether the Client actually uses the Service or not. The amount of the fee may depend on the volume of the Service consumed.
7.4. The Client undertakes to pay a fee to CloudyHost for the provided Service pursuant to the Price List available on the website of CloudyHost. The payment shall be made in advance payments. Upon termination of the Contract of the initiative of CloudyHost or due to any violations by CloudyHost, the Client shall retain the right to recover the fee in the extent by which the prepaid fee covers any time period after the termination of the Service Contract. The costs of refunding the fee (incl. transfer costs) shall be covered by the Client.
7.5. Means of payment have been listed on the web page. If the Client has a sufficient amount of credit at CloudyHost (advance payment), any amount due by the Client shall be covered with this. In case of settlements by bank transfers, the invoice of the Client shall be deemed to have been paid upon receipt thereof in the bank account of CloudyHost, in other cases when CloudyHost has obtained reliable information from any third person service providers through which the payment was made about the receipt of the payment.
7.6. Invoices shall be sent to the Client by e-mail, and they are also available in the Environment.
7.7. The Client undertakes to immediately notify CloudyHost if an invoice is incorrect or when the invoice has not reached the Client in usual time, or to obtain the invoice on its own from the Environment. The fact that an invoice is delayed, lost, etc., shall not release the Client from the obligation to pay for the Service in due time.
7.8. The Client undertakes to pay the fee according to the terms and conditions indicated on the invoice. In case the payment of the invoice is delayed, CloudyHost is entitled to charge a fine for delay from the Client on any outstanding amount at the rate of 0.05% per day until the complete settlement of the due amount.
7.9. Failures in the provision of the Service shall not release the Client from the obligation to pay for the Service, except in case the Parties have agreed otherwise.
7.10. Collection costs with respect of any overdue amounts shall be covered by the Client.
7.11. CloudyHost is entitled to change the Price List.
8. Liability of parties
8.1. The Party shall be liable for any loss caused to CloudyHost by violating the Party’s obligations arising from the Contracts, incl. for any loss caused by any third person having used the Service or the Environment instead of the Party.
8.2. In case the claims of third persons are directed to CloudyHost as a result of any illegal activity of the Party (incl. failure to perform any obligations undertaken to any third person), the Party shall also indemnify CloudyHost for any loss incurred in connection with this.
8.3. CloudyHost shall be liable for any direct material damage caused to the Client by any violation of the obligations arising from the Contracts. The prerequisite for the liability of CloudyHost is the intent or gross negligence of CloudyHost. The liability of CloudyHost shall be limited pursuant to the specific Contract, the General Terms and Special Conditions of Service, except when the loss arose as a result of intent or gross negligence.
8.4. CloudyHost shall not be liable for any loss that arose to the Client in connection with:
8.4.1. power interruptions not dependent of CloudyHost;
8.4.2. failures of communication lines not controlled by CloudyHost (incl. those belonging to a data communication provider);
8.4.3. the incorrectness and unlawfulness of information disclosed by the Client by means of the Service to CloudyHost or third persons, incl. the public;
8.4.4. attacks originating from the Internet;
8.4.5. non-compliance of Service with the needs of the Client.
8.5. Non-performance or improper performance of the obligations arising from the Contract shall not be regarded as a violation of the obligations by the Party, provided this was caused by any circumstances the occurrence of which the Parties did not and could not foresee upon concluding the Contract (Force Majeure). The Party whose performance of contractual obligations is hindered by any Force Majeure circumstances is required to immediately notify the other Party thereof.
8.6. Non-performance or improper performance of any obligations arising from the Contract shall not bring about any liability to the Party, if this is caused by the performance of any obligation unavoidably arising to such Party as a result of the law.
9. Personal Data Processing. Privacy
9.1. CloudyHost shall treat the personal data related to a Client or Central User who is a natural person equally with the data related to a Client or Central User that is a legal person, and shall process such personal data in compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council (the General Data Protection Regulation). The ways of and grounds for the processing of personal data are described in the Privacy Notice.
9.2. The legal representative of the Client and Central User that is a legal person hereby represents that he or she has the right to transfer the personal data to be submitted to CloudyHost or accumulated in the course of the entry into and performance of the Contracts, and shall ensure that these data are kept up to date if the representative or contact person changes, as well as in case the natural person connected therewith requests that his or her data be deleted or that the processing be restricted.
9.3. CloudyHost shall process the personal data of the Client and Central User or their legal representative and contact person without a separate consent in order to perform the Contract and its obligations deriving from laws or based on legitimate interest. Upon prior consent of the person, personal data may be processed also for marketing purposes.
9.4. CloudyHost will be entitled to engage processors in the processing of personal data if they provide a sufficient security that they shall implement appropriate technical and organisational measures in such manner that the processing of client data shall be in conformity to the requirements set out in the respective laws and that the protection of the rights of data subjects shall be ensured. The list of the processors of CloudyHost is published on the website under Processors.
9.4.1. Upon the use of domain services, the transfer of the data of the registrant and/or contact persons to a register or registrar, and in case of a top-level domain, also disclosure of the personal data shall form an inevitable part of the provision of services, deriving from the rules of the respective top-level domain. References to the rules of top-level domains, and terms and conditions of registrars are available on the website under Special conditions of domain services.
9.5. CloudyHost may transfer or process personal data outside the European Union / European Economic Area, if there is a contract containing the standard clauses conforming to the General Data Protection Regulation, approved codes of conduct, certifications, etc; there is a sufficient level of data protection in place in the state of location of the Recipient in accordance with the decision of the European Commission; the Recipient has been certified under the data protection framework Privacy Shield.
10. Confidentiality. Client’s Information assets. Contract with the controller and processor
10.1. The Parties shall keep confidential any information related to the other Party, including any business secrets that have become known to them in relation to the entry into and performance of the Contracts, the disclosure whereof to the public or to third parties may damage the other Party in any way, except the information which is meant to be made public or is general knowledge, or which for any other reason cannot be confidential due to its nature.
10.2. The confidentiality obligation shall remain in force for an unspecified term also after the expiry of the Contract.
10.3. The Client is the responsible owner of the Client’s information assets (files, databases, e-mails, etc) stored and processed in the infrastructure of CloudyHost. The security level of the Client’s information assets is confidential, and the access of CloudyHost’s employees to the information shall be permitted only upon performance of the work duties based on the written order of the Client, or for the purpose of ensuring the availability, integrity and security of the service.
10.4. CloudyHost has no basis for knowing whether a Client’s information assets contain any personal data, and therefore CloudyHost shall treat all information assets as potentially containing personal data and the Central User Contract as a written contract between the Client as the controller and CloudyHost as the processor within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council (the General Data Protection Regulation).
10.5. CloudyHost shall assist the Client in performing the due diligence obligation in choosing the processor, and shall publish its principles for information security management system on its website, and shall clearly determine the limits of liability of CloudyHost and the Client for every service. The participation of the Client as the controller of personal data in the audit processes and the implementation of any security measures not described in the general terms and conditions or special terms and conditions of the Service shall take place upon an agreement between the Parties, and CloudyHost will be entitled to charge an additional fee for these activities.
10.6. As a rule, CloudyHost shall provide the server services within the European Union / European Economic Area, and shall, upon the ordering of a service, enable the Client to choose the suitable availability zone. Transfer of services to another availability zone under a different jurisdiction than the chosen one shall take place only on the basis of a written order of the Client.
10.7. CloudyHost shall immediately inform the Client if he ascertains or suspects with a good reason that the security requirements have been violated in relation to the information assets of the Client, and this causes accidental or illegal destruction, loss, modification or unauthorized disclosure of or access to these information assets.
10.8. CloudyHost shall inform the Client immediately if CloudyHost receives an inquiry or request for the conduct of an investigation or audit from a competent authority, save in case such informing is prohibited by law.
11. Messages. Contact data
11.1. All messages between the Parties having legal consequences must be in a format which can be reproduced in writing and they shall be deemed to have been delivered to the other Party when one (1) working day has passed from the sending thereof to the other Party. Messages intended for the Client shall also be sent to the Central User authorised for the technical administration of the Service, if such Central User exists.
11.2. The contact data of CloudyHost has been provided on the web page of CloudyHost (www.cloudyhost.com). Contact data forwarded to CloudyHost by a Party is published in the Environment. In case the contact data of the Party (name, address, telephone, e-mail address, etc.) is changed, the Party undertakes to immediately notify CloudyHost thereof in a format which can be reproduced in writing. The Party may make the respective changes in the Environment on its own and shall thereupon be deemed to have fulfilled the notification obligation.
12. Term, amendment and termination of contract
12.1. CloudyHost may offer to conclude Contracts with or without a term. The Central User Agreement shall be entered into without a term.
12.2. If the Contract is entered into without a term, a requirement of minimal duration shall not be applied to it, except if provided otherwise by the applicable Contract Documents of a particular Service. In the case of a fixed-term Contract, the Contract shall expire upon the expiry of the term.
12.3. CloudyHost is entitled to amend all the Contract Documents by notifying the Clients concerned at least thirty (30) calendar days in advance (the term is not applied to Price List amendments). CloudyHost shall exercise the right to amend the Contract Documents primarily when such need arises from any amendments to the legislation (incl. amendment to the balance of contractual obligations), judicial practice, development of technology and economy, technological or organisational reorganisations in the operation of CloudyHost.
12.4. The Party who does not agree to the amendments made by CloudyHost to the Service or the Contract Documents (incl. the Price List) is entitled to cancel the amended Contract by notifying thereof two (2) weeks in advance, except in cases where the amendments are favourable to the Party. If CloudyHost does not notify of the amendments to the Price List at least thirty (30) calendar days prior to the Price List entering into force, the Client shall retain the right to cancel the Contract so that it terminates before the amended Price List becomes valid, in case of Price List amendments that actually apply to the Services already ordered by the Client and have a negative impact on the Client.
12.5. Unless otherwise provided by the Contract (incl. the General Terms and Special Conditions of Service), either Party is entitled to cancel the Contract without stating any reasons by notifying the other Party thereof thirty (30) calendar days in advance. In case of any fixed-term Service, the Client may also cancel the Contract constituting the basis for the Service, if CloudyHost does not refund the fee that the Client paid to CloudyHost for the respective Service until the expiry of its agreed term.
12.6. With reasonable prior notification, CloudyHost is entitled to ordinarily cancel any fixed-term Contract, if it abandons the provision of a respective service or resource.
12.7. CloudyHost is entitled to terminate the Central User Contract without any prior notice upon the expiry of three (3) months from the termination of the last Service Contract in force due to any reason, except in case the Central User is the technical administrator of another Client’s Service.
12.8. CloudyHost is entitled to unilaterally cancel any Contract without any advance notice term by notifying the other Party thereof in case the other Party essentially violates the terms and conditions of any Contract, particularly when the other Party:
12.8.1. delays the payment for the Service for more than one (1) month;
12.8.2. violates any requirements established by the legislation or other terms and conditions of the Contracts and does not stop the violations immediately upon the receipt of a respective demand from CloudyHost or if the violation is serious to the extent (e.g. intentional acts of damaging the Services) that CloudyHost cannot be expected to continue the performance of the Contracts.
12.9. Upon the expiry of the Central User Contract, all related Service Contracts shall also terminate and the Central User shall lose the right and opportunity to use any CloudyHost Service or act as a technical administrator of another Client’s Service.
13. Governing law. Jurisdiction. Limitation period
13.1. The Contracts shall be governed by the legislation.
13.2. Any disputes arising from the Contracts shall be solved by means of an agreement between the Parties. If the Parties cannot reach an agreement, the disputes shall be settled at the Harju County Court. A Client who is a consumer retains the right to turn to the consumer complaints committee pursuant to the terms and rules provided in the Consumer Protection Act .
13.3. The limitation period of the claims arising from the Contracts is one (1) year.
General terms of the server services
1. Scope of application
1.1. These General Terms of the Server Services shall apply to all the Service Contracts entered into for the use the Server Services provided by CloudyHost.
1.2. In addition to this, the General Terms of the Services of CloudyHost apply to the Server Services to the extent that these General Terms of Server Services do not provide otherwise.
2. Terms used
2.1. The terms and definitions below have the following meaning in the General Terms of the Server Services:
2.1.1. Physical Server – the server in the possession of CloudyHost used for the provision of the Server Service to the Client and the hardware and software belonging to it, which can be accessed by the respective authorisation codes;
2.1.2. Virtual Server – limited resource of one or more Physical Servers shared with the other clients of CloudyHost, upon the use of which the Client can present the materials belonging to the Client. The definition “Virtual Server” also covers the limited resource of one or more Physical Servers allocated to the Client by CloudyHost for sending and receiving e-mails;
2.1.3. Server – Physical Server and / or Virtual Server.
3. Use of the service
3.1. The Client is entitled to use the Server for storing the Client’s applications and materials and / or presenting thereof to the public, depending on the type of the Server Service even for creating and/or using e-mail address(es), sending and receiving e-mails, likewise in any other way, which complies with the description of the Server Service;
3.2. The Client undertakes to make with sufficient frequency backup copies for himself of the files kept on the Server and keep the software installed by the Client updated in order to ensure its security.
3.3. The Client is liable for the contents of the Server allocated to the Client, and the Client also undertakes not to disclose any materials on the Server or provide any services, which contradict the legislation or good practice or which violate the rights of any third persons. It is forbidden inter alia to use or distribute any media and software protected by copyright, if no required license exists for this purpose.
3.4. The Client shall not use on the Server any software, scripts, programs or other applications, which burden, disturb or damage the normal operation of the Server, and undertakes to remove these at the latest within twelve (12) hours after submission of the respective message by CloudyHost.
3.5. The Client undertakes not to use such programs or applications on the Server, which enable the Internet users to send mass e-mails (junk mails), threatening, disparaging or misleading e-mails, and not to send such e-mails by himself. It is forbidden to provide such services from the Server (e.g., proxy, open DNS resolver, etc.) or use the Server for such activities, which can be regarded as attacks against third persons (incl. scanning of ports, computer networks and/or any inquiries burdening the equipment in these, etc.).
3.6. CloudyHost is entitled to issue mandatory precepts to the Client for the termination of any illegal activity relating to the use of the Server Service or activity violating the Contract Documents, incl. for removal of any illegal materials or materials contrary to good morals from the Server, likewise to remove such materials itself. CloudyHost shall reserve itself the right as the person holding the respective technical information to decide whether the activities of the Client are burdening, disturbing, damaging the Server or not, and thus to suspend the service to the Client in case of need by reasoning its decision to the Client.
3.7. Storing files – Our shared servers are not for storing or archiving files, videos, mp3s or any other data. While we try to be flexible, use of a shared hosting account as a backup/storage device is not permissible.
4. Server maintenance. Repair of failures
4.1. For the purpose of providing stable Server Service, CloudyHost shall maintain the Server regularly. CloudyHost shall notify the Client of any scheduled Server maintenance and improvement works, which may disturb the ordinary use of the Server Service, at least five (5) calendar days in advance. In urgent cases, to perform maintenance works and make configuration changes without notifying the Client in advance.
4.2. CloudyHost shall repair any Server failures within a reasonable time, but not later than within three (3) working days.
4.3. CloudyHost shall make backup copies of the materials of the Client regularly, but does not ensure the preservation of the materials.
4.4. CloudyHost performs periodic maintenance, as well as software and hardware updates early Monday mornings every given month, within the period from 1 AM to 6 AM, and this maintenance may include interruptions of up to 30 minutes to the Client’s Server Services. The Client shall not be additionally notified of periodic maintenance.
5. Suspension of the server service
5.1. CloudyHost is entitled to immediately suspend the provision of the Server Service to the Client if:
5.1.1. the software, scripts, or other applications used by the Client cause failures on/of the Server, cause overloads, or hinder CloudyHost in any other way upon provision of the services;
5.1.2. Internet attacks are aimed at the Client (incl. denial-of-service attacks, i.e. DoS and DDoS attacks);
5.1.3. The Client does not comply with the precept of CloudyHost referred to in clause 3.6 .
6. Liability of parties
6.1. CloudyHost shall not be liable for any loss caused by:
6.1.1. Failures caused by any software used by the Client on the Server;
6.1.2. Acts or omissions of the Client upon administration of the Server, incl. the contents of the materials kept and published by the Client on the Server, or e-mails sent by the Client or under the addresses belonging to the Client in the course of using the Server Service;
6.1.3. Potential interruptions, Internet attacks (incl. denial-of-service attacks, i.e. DoS and DdoS attacks) arising from any load and / or failures caused by third persons to the Server;
6.1.4. Spread of viruses.
6.2. The Client shall indemnify for any loss, which arose in connection with any damage to the Server caused by the software or application used by the Client, or hindering the operation of CloudyHost thereby in any other illegal manner, provided CloudyHost has previously warned against such activity. In case the activity of the Client upon damaging the Server is intentional, the Client shall be liable regardless of any warning by CloudyHost.
7. Expiry of the contract
7.1. CloudyHost shall send a message to the Client 30 days prior to the expiry of the term of the Service Contract specifying the opportunity to extend it. Upon expiry of the Service Contract, CloudyHost shall preserve the account name and the materials of the Client there for 30 days, allowing the Client to make a copy thereof.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into CloudyHost’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. CloudyHost may modify this AUP at any time without notice.
The Services provided by CloudyHost may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. CloudyHost reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.
Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.
You may not directly or indirectly use the Services in connection with any of the following, as determined in CloudyHost’s sole discretion:
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject CloudyHost to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
Disclosing sensitive personal information about others;
Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
Phishing or engaging in identity theft;
Distributing computer viruses, worms, Trojan horses or other malicious code;
Promoting or facilitating prostitution or sex trafficking;
Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
Promoting or facilitating violence or terrorist activities; or
Infringing the intellectual property or other proprietary rights of others.
Excessive Use of Resources or Network Abuse
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
Hosting or linking to an anonymous proxy server;
Operating a file sharing site;
Hosting scripts or processes that adversely impact our systems; or
Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
Unauthorized System Access
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation
Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
Intercepting or monitoring data without permission; or
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of CloudyHost’s website or servers for any unauthorized purpose.
Storage of Backups
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. CloudyHost reserves the right to remove backups from your hosting account with or without notice.
Zero Tolerance Spam Policy
Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
Forging or misrepresenting message headers is prohibited.
Websites advertised via spam (i.e. “Spamvertised”) may not be hosted on our servers.
You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
You may not use the Services to send spam or bulk messages. We may terminate with or without notice the account of any user who sends spam.
Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
CloudyHost reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to CloudyHost or the Services, as determined in CloudyHost’s sole discretion.
Violations will be reported to law enforcement as determined by CloudyHost in its sole discretion.
A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
Websites hosted on CloudyHost’s servers in the U.S. are generally governed by U.S. law. As a web host, CloudyHost is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in CloudyHost’s sole discretion, orders material to be removed, CloudyHost will disable access to such material.
Notwithstanding the foregoing, CloudyHost users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. CloudyHost reserves the right to take local legal considerations into account and to respond accordingly in CloudyHost’s sole discretion.
Enforcement of this AUP is at CloudyHost’s sole discretion.