Terms of Service

1. Acceptance of Terms

By accessing or using CloudOnHost's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and CloudOnHost.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Account Registration and Security

Account Creation: To use our services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

Account Security: You are solely responsible for all activities that occur under your account, regardless of whether you authorized such activities. You must immediately notify us of any unauthorized use of your account or any other breach of security.

Account Information: You agree to provide and maintain accurate, current, and complete account information. We reserve the right to suspend or terminate accounts with inaccurate or incomplete information.

Age Requirement: You must be at least 18 years old to use our services. If you are under 18, you may use our services only with the involvement and supervision of a parent or guardian.

3. Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit, distribute, or store any material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Distribute malware, viruses, worms, Trojan horses, or other harmful code
• Engage in phishing, spamming, or other fraudulent activities
• Interfere with or disrupt the integrity or performance of our services or third-party systems
• Attempt to gain unauthorized access to our systems, networks, or accounts
• Use our services for cryptocurrency mining without explicit written permission
• Host or distribute content that promotes illegal activities, violence, or hate speech
• Engage in activities that consume excessive server resources or bandwidth

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy without prior notice.

4. Service Level Agreement (SLA)

Uptime Guarantee: We strive to maintain 99.9% uptime for our hosting services. If we fail to meet this uptime guarantee, you may be eligible for service credits as outlined in our SLA.

Service Availability: While we make every effort to ensure continuous service availability, we do not guarantee uninterrupted or error-free service. Scheduled maintenance will be performed during off-peak hours with advance notice when possible.

Service Credits: Service credits are calculated as a percentage of your monthly hosting fee and will be applied to your next billing cycle. Service credits are the sole and exclusive remedy for any service downtime.

Exclusions: The uptime guarantee does not apply to downtime caused by:

• Planned maintenance with advance notice
• Force majeure events (natural disasters, war, etc.)
• Your actions or omissions
• Third-party services or applications
• DDoS attacks or other security incidents

5. Payment Terms

Fees: You agree to pay all fees associated with your use of our services in accordance with our pricing plans. All fees are quoted in Hong Kong Dollars (HKD) unless otherwise stated.

Billing Cycles: Services are billed on a monthly, quarterly, semi-annual, or annual basis as selected during signup. Billing cycles begin on the date of service activation.

Payment Methods: We accept various payment methods including credit cards, PayPal, bank transfers, and other local payment methods. You agree to provide valid payment information and authorize us to charge your payment method for all fees.

Automatic Renewal: By default, all services are set to automatically renew at the end of each billing cycle. You can disable automatic renewal at any time through your client portal. If automatic renewal is disabled, your service will be suspended upon expiration.

Payment Due Dates: Invoices are generated 14 days before the service renewal date. Payment is due on or before the service renewal date. Failure to pay may result in service suspension or termination.

Late Payments: Accounts with overdue payments may be subject to late fees and service suspension. We will send multiple payment reminders before suspending services.

Refunds: Refund policies are governed by our separate Refund Policy. Please review the Refund Policy for details on our money-back guarantee and refund procedures.

6. Cancellation and Termination

Your Right to Cancel: You may cancel your hosting service at any time through your client portal or by contacting our support team. To avoid being charged for the next billing cycle, please cancel your service at least 7 days before the renewal date.

Our Right to Terminate: We reserve the right to suspend or terminate your account and services immediately, without prior notice, if:

• You violate these Terms of Service or our Acceptable Use Policy
• You fail to pay fees when due
• You engage in fraudulent, illegal, or harmful activities
• Your account poses a security risk to our systems or other users
• You provide false or misleading information

Effect of Termination: Upon termination:

• Your access to our services will be immediately suspended
• Your account and data will be permanently deleted 30 days after termination
• You will remain responsible for all fees incurred prior to termination
• We are not obligated to retain or provide you with any data after termination

Data Backup: It is your responsibility to backup your data before cancellation or termination. We are not responsible for data loss after the termination period.

7. Intellectual Property Rights

Our Intellectual Property: All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, software, and trademarks, are owned by CloudOnHost or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of any content you upload, post, or transmit through our services. By using our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving our services.

DMCA Policy: We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that content hosted on our servers infringes your copyright, please contact us with a DMCA takedown notice. We will promptly investigate and take appropriate action.

Repeat Infringers: We reserve the right to terminate accounts of users who repeatedly infringe intellectual property rights.

8. Limitation of Liability

Disclaimer of Warranties: Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: To the maximum extent permitted by law, CloudOnHost shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

Maximum Liability: Our total liability to you for any claims arising out of or relating to these Terms or our services shall not exceed the amount you paid to us in the 12 months preceding the claim.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or failures of third-party services.

9. Indemnification

You agree to indemnify, defend, and hold harmless CloudOnHost, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of our services
• Your violation of these Terms of Service
• Your violation of any third-party rights, including intellectual property rights
• Content you upload, post, or transmit through our services
• Your violation of any applicable laws or regulations

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Security: We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Data Backup: While we perform regular backups of our systems, you are responsible for maintaining your own backups of your data. We are not liable for any data loss.

Data Location: Your data may be stored and processed in Hong Kong or other jurisdictions. By using our services, you consent to the transfer of your data to these locations.

11. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of any material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending an email notification to your registered email address (for significant changes)

Your continued use of our services after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using our services and cancel your account.

We also reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

12. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising out of or relating to these Terms or our services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in Hong Kong in accordance with the rules of the Hong Kong International Arbitration Centre.

Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Hong Kong.

13. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and CloudOnHost regarding your use of our services.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Contact Information: If you have any questions about these Terms of Service, please contact us:

CloudOnHost
Email: [email protected]
Phone: +852 98483697
WhatsApp: +852 98483697
Address: Hong Kong