TERMS OF SERVICE.
This policy represents the CloudWafer.com Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with CloudWafer.com. CloudWafer.com reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.
Customers may view the most current version of this policy at: https://my.cloudwafer.com/page/terms-of-service/
Customers using any services offered by CloudWafer.com consent to be bound by and must comply with all policies in this TOS. At the sole discretion of CloudWafer.com, any violators of this TOS may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for CloudWafer.com maintaining one or more accounts (each "Account"), you agree to the following terms of service.
"We" "Us" or "Provider" or "CloudWafer.com"
"You" "Your" "Client" "Customer" or "Member."
Each person or entity that applies for internet service or is a designate of any one who applies for internet service.
PROVISION OF SERVICES
For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows:
IN CONSIDERATION of the mutual promises and conditions set forth below, the parties do hereby covenant and agree as follows:
CloudWafer offers its clients a 99.9% Network Uptime Guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. CloudWafer will try to maintain maximum uptime. CloudWafer is not responsible for any downtime caused directly or indirectly by the client.
In the rare event that CloudWafer does not achieve our advertised 99.9% uptime for any given month, we will begin refunding 5% of your monthly bill for each half hour of downtime below 99.9%.
Scheduled server maintenance, resulting in downtime, and/or scheduled network maintenance, resulting in downtime, are not covered by the SLA. To redeem SLA credit you must contact us in writing within 10 days of the end of the month, send any SLA correspondence to [email protected]. If you have an uptime monitoring report from a credible third party monitoring site, please include it with your e-mail. If you do not have a report, we will utilize our own third party monitoring reports to determine credit eligibility.
The CloudWafer.com will perform domain name search and registration services for the Client as provided in and subject to the terms and conditions of this Agreement.
CloudWafer acknowledges and agrees that the CloudWafer shall not own any right, title or interest in and to any registered domain name pursuant to this Agreement and that the domain name registered for Client shall be owned by the Client and not by the CloudWafer. Client acknowledges that this agreement can only be made as between the potential rights of Client and CloudWafer and that CloudWafer cannot represent that a third party will not have or claim right in and to any domain name that is registered under the terms of this Agreement.
The Client represents and warrants to the CloudWafer that the names provided on any preference list shall not infringe upon the trademarks or other proprietary rights of any other party and that the Client is the bona fide owner of all proprietary rights associated with each such name. Client acknowledges that CloudWafer has informed Client that a comprehensive common law trademark search should be performed prior to selecting any domain name for registration to determine whether such name could infringe upon the proprietary or trademark rights of any third party.
The Client hereby represents, warrants and agrees that it has had a trademark search performed with respect to such name and that Client assumes any and all responsibility or liability that may arise from the registration and/or use of any domain name registered. Client shall indemnify and hold CloudWafer harmless from and against any assertion of potential proprietary rights by any third party, including but not limited to attorney fees in addressing any such situation. Notwithstanding the above, CloudWafer does not assume any responsibility for addressing any claimed infringement that may arise from the registration or use of any domain name that is registered.
Client shall be responsible for renewing any domain name registered hereunder. Expired domains are available for renewals within 20-30days upon expiry. Client understands that if not renewed, an expired domain goes into redemption after the renewal window and may be deleted back into the registry afterwards. CloudWafer will not be responsible for any domain loss due to late or ignored renwal.
PAYMENT FOR SERVICES
Customer shall make full payment for services on or before the due date on the invoice. At seven days past due, the account will be locked. Locked accounts will be unlocked only upon receipt of all payments due. In some cases, late payment fees may apply.
CloudWafer will provide live telephone support to Customer 24 hours a day, 7 days a week by a trained CloudWafer in customer support representative.
WARRANTIES BY PROVIDER
Provider represents and warrants to Customer that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal law. However, Customer will not determine or exercise control as to general procedures or formats necessary to have these services meet Customer's satisfaction.