This Terms and Service Agreement is a legally binding contract, therefore, please read this agreement carefully to ensure you understand the content, as it contains important legal information. By creating an account with us you acknowledge that you have read this Agreement, understand it, and agree to be bound by it.
If you do not agree to any of the terms in this agreement, then Cloudstripe is unwilling to grant you access to its services or those areas of its web site that are open to its clients, click the “back” button in your browser and do not subscribe to Cloudstripe’s services, do not create an account, and leave the website. Any use of Cloudstripe’s services shall constitute an act of acceptance of the current hosting services terms and service agreement herein.
Definitions and Introductory Terms – The parties referred to in this Agreement are defined as follows:
Cloudstripe.net (“Cloudstripe”) is a trading name of INNSOL Ltd, which is a Private Limited Company, incorporated in England, in the United Kingdom at The Registrar of Companies for England and Wales, Companies House, registration number 12794437.
Registered address: INNSOL Ltd, 27 Old Gloucester Street, London WC1N 3AX, United Kingdom.
Cloudstripe is the publisher and operator of cloudstripe.net (the “Site”) whereby Cloudstripe makes certain web hosting services (the “Services”) available. For purposes of this Agreement (the “Agreement”), when “Site” or “Services” are referenced, such reference includes all software, hardware, and network resources necessary to provide said Service and/or Site.
When first-person pronouns are used in the Agreement , like for example; “Us”, “We”, “Our”, “Ours”, etc., we are referring to Cloudstripe. You, the Client, the user of the Site or Services, will be referred to as any second-person pronouns, such as “You”, “Your”, “Yours”, etc.
Acceptable use Policy – (http://cloudstripe.net/use-policy)
Privacy Policy – (http://cloudstripe.net/privacy-policy)
I. DESCRIPTION OF SERVICES
Cloudstripe provides online products and/or services, that are intended to provide You with website hosting and associated products or services, weather already included in the monthly membership cost or at at extra additional cost.
Users of the service, namely You, will provide sufficient information necessary for billing, support, and performing any actions we require to be able to fulfill any of the Products and Services, equally for administering your account securely and processing payments online via our payment provider Stripe.
Cloudstripe is a privately owned and operated service and does not represent or speak for any governmental office or authority.
Cloudstripe offer varying Hosting Services and Support plans as follows;
a. Web Hosting Plans place your site within a virtual server, we refer to this as ‘Hybrid Hosting’ where you get all the benefits of a Hosting Style Package combined with the additional benefits of a managed server. Your site will be assigned one IPv4 address and/or domain/subdomain within our network, additionally can be assigned an IPv6 address too, if requested.
b. Hosting Plan Names are designated to be; Cloud 1, Cloud 2, Cloud 3, Cloud 4 – The specification of each of these hosting plan’s are publicized on the site, the limits of each of these hosting plans (“Plan Limits”) will be clearly represented on the Site.
c. Limitation of resources ensures that your service levels remain at their best at all times, this is because each user in the network must also remain within their respective limits. Further to this end, if you begin to surpass Your Plan Limits then you will be required to upgrade to a higher plan, we will contact you by opening a ticket in the support system. Failure to upgrade Your Services in these instances, ie. that you exceed Your Plan Limits, will result in Your Services being suspended until we can agree a resolution with You.
d. Hosted content and allowed content – Please refer to our policy, namely; Acceptable use Policy (http://cloudstripe.net/use-policy)
e. Migration of Servers –You acknowledge and agree that as a normal course of business, it may be necessary for Cloudstripe to migrate domains/websotes between our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP address. We do not warrant that you will be able to consistently maintain your given IP address, however we will keep you informed of any necessary changes by our support ticket system, and update automatically your subdomain pointer assigned to you, within our network accordingly.
f. Termination of Hosting Services – You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue the use of Cloudstripe Services and relinquish use of any IP addresses and server names that were assigned to you in connection with our Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers.
Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider.If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and hence we will be unable to provide a copy of it to you.
g. Website/Server Content – You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
h. Support – You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support team to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Hosting Services.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
II. FEES AND PAYMENTS
Cloudstripe offers paid memberships at set prices, we may also offer additional related services at additional costs. You can upgrade to a higher service level by upgrading your membership at any time, simply by taking the appropriate action in the members area and making payment, we will then endeavor to carry out your upgrade, depending on Our workload, and the current queue of upgrades and transfers, as fast as possible. We will also endeavor to update you as to the progress of the upgrade, or further contact You to gather further information required for an update in the website’s dedicated support area, by opening a support ticket.
You agree to pay for the Products and Services that You choose to subscribe to, at the time you subscribe to them, by adding your card payment details on the payment form and authorizing the payment of the fee required for these Products and Services, you also agree to the reoccurring subscription fees each month or year, as dictated by the particular Products and Services you choose.
By completing and submitting your payment information, debit card, credit card or other type of card, as the case may be, on any of the payment forms, you are authorizing us to charge the stated fees and agree that all sales are final and all purchases are non-refundable.
Vouchers and gift vouchers alike can be exchanged for Products and Services as stated on the voucher, but hold no monetarily value in that they can not be exchanged for money or be refunded, all vouchers are non-refundable.
III. LIMITATIONS ON USE OF THE SERVICE
When You pay for Products and Services this authorizes You as an individual to use the service and You agree that You are responsible for maintaining the confidentiality of your passwords and/or username. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
In the event that your password and/or username is lost or stolen, please notify Cloudstripe via our support ticket system immediately, so that a new password may be issued promptly. You may not grant, resell or sub-license access to the Site or the Service, or any of the rights granted to You herein, to any third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site or the Service. You may not de-compile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Site or the Service is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code. You agree not to use the Site or the Service to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
Use the Services in a professional manner.
Don’ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Create a false identity on Cloudstripe; - Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Use or attempt to use another’s account;
- Harass, abuse or harm another person;
- Send spam or other unwanted communications to others;
- Scrape or copy profiles and information of others through any means;
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others);
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Cloudstripe;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Disseminate in any way, anything that contains, software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Promote in any way content involving escort services or prostitution.
- Create or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);>
- Copy or use the information, content or data on Cloudstripe in connection with a competitive service (as determined by Us);
- Copy, modify or create derivative works of Cloudstripe, the Services, or any related technology (except as expressly authorized by Us);
- Reverse engineer, de-compile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Us without Our express consent;
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from Us without Our consent;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Override or attempt to override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- You agree and understand that in the event of any breach of this terms of use your account may be permanently disabled.
IV. 30 DAY MONEY BACK GUARANTEE
To be eligible for the money back guarantee you must satisfy the following criteria:
- You must open a support ticket within 30 days of your fist ever purchase with Us.
- Second and subsequent purchases do not qualify for the money back guarantee.
- Your purchased package must be current, i.e. You can not have switched packages.
- You must describe why you made the decision to use the money back guarantee.
At Our sole discretion we may subtract from the refund an hourly charge for hardware, as follows;
Enhanced VPS hourly hardware charge = $ 0.016666
Ultimate VPS hourly hardware charge = $ 0.033333
Extreme VPS hourly hardware charge = $ 0.066666
Hyper VPS hourly hardware charge = $ 0.133333
Ultra VPS hourly hardware charge = $ 0.266666
Refunds may be given at Our sole discretion.
V. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CLOUDSTRIPE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, AND/OR THE SITE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLOUDSTRIPE TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR THE SERVICE, EXCEED THE TOTAL FEES PAID TO US BY YOU DURING THE ONE-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US, RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
VI. YOUR OBLIGATIONS
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Service. While using the Site, you may not;
- restrict or inhibit any other user from using and enjoying the Site;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding;
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
We have no obligation to monitor the Site. However, you acknowledge and agree that We have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect Us or Our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
Other than the personal information submitted by you for the purpose of utilizing the Service, any communications or material of any kind, including data, questions, comments or suggestions, that you e-mail, post or otherwise transmit through the Site will be treated as non-confidential and non-proprietary. We reserve the right to share certain account or other information with governmental organizations or other third parties when We believe in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Cloudstripe or others.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CLOUDSTRIPE AND ITS AFFILIATES AND MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY CLOUDSTRIPE AND RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE WITH YOUR PASSWORD.
VII. DURATION OF TERMS
This Agreement will become effective and binding when you have acknowledged your acceptance of all the terms and conditions herein by following the instructions set forth on the Site. Ordinarily, we will require you to indicate your agreement by selecting a particular checkbox and/or clicking a particular button during the process of registering for the Service.
Once in effect, this Agreement will continue in operation until terminated by either you or us. However, even after termination, the provisions of sections III and VI of this Agreement will remain in effect. You may terminate this Agreement at any time and for any reason by providing notice to Us in the manner specified on the Site or by choosing to cancel your access to the Service using the tools provided for that purpose within the Site.
We may terminate this Agreement without notice or, at our option, we may temporarily suspend your access to the Service and/or the Site, in the event that you breach this Agreement. Notwithstanding the foregoing, We also reserve the right to terminate this Agreement at any time and for any reason by providing notice to you either by email or other reasonable means, for example by opening a support ticket.
After termination of this Agreement for any reason, you understand and acknowledge that We will have no further obligation to provide the Service or access to the Site. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease.VIII. MODIFICATION OF TERMSWe may change the terms of this Agreement from time to time. We are not obligated to notify you. All changes will be made by posting notice of the changes on the Site. Any such changes will become effective when notice is received or when posted on the Site, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Service or the Site following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
IX. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Service with or without notice to you. In the event of such modification or discontinuation of the Service, your sole remedy shall be to terminate the Service and to receive a refund of any amounts paid by you to Us for any service that was not delivered to you. Continued use of the Service following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Service as so modified.
X. OWNERSHIP
Cloudstripe and/or its vendors and suppliers, as applicable, retain all their rights, titles and interests in and to the Service, the Site and all information, content, software and materials provided by or on behalf of Cloudstripe. Except for the use of publicly available forms and information which you obtain from sources other than Cloudstripe, You agree that You will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by Us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to Us or any of Our employees, agents, or representatives automatically becomes the property of Cloudstripe.
XI. MISCELLANEOUS
You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to Your use of the Service or the Site, or the transactions contemplated in this Agreement.
Any attempt to sub-license, assign or transfer any of the rights, duties or obligations in this Agreement, or to exceed the scope of this Agreement is null and void. This Agreement and the rights and obligations of the parties with respect to the Site and the Service will be subject to and construed in accordance with the laws of the United Kingdom. You consent to jurisdiction and venue exclusively in the United Kingdom.
This is the entire agreement between You and Us with regard to the matters described herein and governing your use of the Service and the Site, superseding any prior agreements between You and Us with respect thereto.
The failure of Cloudstripe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and further, If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Service or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XII. CONTENT YOU UPLOAD TO CLOUDSTRIPE WEBSITE
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on or within the Site or the Site Database, weather publicly accessible or not, including emails. You retain ownership of Content you submit, post, display, or otherwise make available on Our Site, however; by submitting, posting or displaying Content on or through Our Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).You agree that this license includes the right for other users of the Service to modify your Content, and for Us to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Us or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Our Service.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to Us, you warrant, represent and agree that you have the right to grant Us the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that;
- infringes, violates or otherwise interferes with any copyright or trademark of another party
- reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it,
- infringes any intellectual property right of another or the privacy or publicity rights of another,
- is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
- creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
- contains other people’s private or personal information without their express authorization and permission, and/or
contains or links to a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
We reserve the right in Our sole discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues as we see fit, (iv) respond to user support requests, or (v) protect the rights, property or safety of Cloudstripe, its users and the public.
Last updated: November 01, 2020