CLOUD LABS LEGAL INFORMATIONS
Read carefully our legal information
Chapter 1 – DEFINITIONS
CLOUD LABS – is further on the name given to CLOUD LABS S.R.L, the PROVIDER of the web hosting services that can be purchased at www.cloudhostlab.com
“Order” – request addressed to CLOUD LABS by any person, with the purpose of purchasing domains or web hosting services
“Client”, “Customer”, “Clients, “Customers”” – any person or entity that initiates an order on www.cloudhostlab.com
Chapter 2 – INTRODUCTION
This document defines the general conditions that need to be fulfilled before CLOUD LABS agrees to provide any services to its clients. This document is an agreement between CLOUD LABS and its clients, thus benefiting from any CLOUD LABS products or services implies accepting and complying with the terms and conditions stated hereby.
CLOUD LABS reserves itself the right to make changes to this document, but this does not represent a motive neither for ceasing collaboration nor to refuse payment on the part of the client.
Chapter 3 – THE ORDERING PROCESS
Any order will be submitted to www.cloudhostlab.com. Clients agree to introduce in the ordering form information that is complete, correct and according to reality. CLOUD LABS cannot be held responsible under no circumstances for prejudice caused to the client as consequence of his/her failure in complying with this.
Upon completing the order, a pro-forma invoice is sent automatically to the email address that you have introduced in the ’email’ field of the ordering form. The invoice contains all the information necessary for the client to make payment. The pro-forma invoice has no value in bookkeeping.
Chapter 4 – TERMS OF PAYMENT / INVOICING
Clients receive access to the CLOUD LABS services that they have ordered within 24 hours from their confirmation of payment. CLOUD LABS recommends to all its clients to confirm payment by email to email@example.com
Clients agree to pay for CLOUD LABS services in advance toward the period they are supplied.
All pro-forma invoices are sent by email and a printable version is made available for the client in the control panel. Clients agree to pay the amount stated on the invoice in advance toward the period of time they are supplied with the required services. Clients agree to pay the amount on the pro-forma invoice within 5 days from the issuing date.
After the processing of payment CLOUD LABS issues an invoice that is sent to the client by mail to his location.
All invoices and payments are processed in EUR. Prices expressed in other currencies on www.cloudhostlab.com are informative and may be inaccurate due to modifications of the exchange rate. Clients are strongly advised to check the amount using the exchange rate of the same day the order was submitted.
We reserve ourselves the right to terminate any account after 5 days if due payment is not made. Any postponement will be at our discretion
Payments with credit/debit cards are made trough Netopia gateway (https://www.mobilpay.ro) and implies a 0% commission.
Payments with paypal implies just the paypal commission.
Chapter 5 – MONEY BACK GUARANTEE
Customers are entitled to a refund within 30 days of the initial order being placed. Clients will request this by an email to firstname.lastname@example.org . The email must contain the client’s personal identification information, the reasons which have led to this decision, as well as the information required for the money transfer.
The 30 day money back guarantee does not apply and will not be issued , in one or more of the following cases:
a. if the account has breached these terms and conditions prior to cancellation.
b. if the account was on a monthly payment basis (schedule).
No refunds are issued for domain registrations.
In case of a confirmed refund, the client will receive, back, his money ;
From the returned amount, will be reduced the credit card proceessor’s comission, in a rate of 4%, for each of the two transactions (purchase and refund) and other special discounts, which were given, in the purchase occasion.
After the 30 day introduction period, no refunds will be issued for account cancellations
Chapter 6 – MISUSE
Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear ‘opt in’ methods and a strict removal procedure is published in all mailings. ‘Safelists’ and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
– nudity, pornography, anything of a sexual, lewd, or obscene nature;
– violations of any copyright or any other right of any third party;
– threatening, abusive, harassing, defamatory statements;
– promotion of illegal activities (hacking, cracking, etc);
– information or software containing or about any kind of virus;
– hate speech or hate propaganda;
– the collection of personal information for illegal purposes;
– content deemed by us at our sole discretion to be harmful to us
We do not allow the use of the following scripts on our servers:
– Proxy scripts
– IRC scripts
– phpShell and similar command execution scripts
In the event that a resold account is in breach of our misuse terms, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our customer) of our actions and reasons.
Chapter 7 – BACKUP
Regularity and policy
Backups are made by us each day on an incremental basis, however, no guarantee’s are made of any kind as to the integrity of these backups. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases .
Chapter 8 – RESOURCE USE
CLOUD LABS allows a maximum of 25% CPU usage limit to shared hosting and reseller accounts. You may exceed this limit for no longer than 90 seconds.
If your account will continue to run at 25% of CPU, will be automatically slowed till will run again in normal condition. You can view the stats of cpu in real time just from your cpanel account.
Physical Memory Usage
Physical memory corresponds to the amount of real memory actually used by your processes. Once you’ve hit the maximum physical limit memory errors will persist. For the reseller plans, the limit are apply per each cpanel account.
An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server. There is currently an limit of max 160 inodes per cpanel account.
Shared and Reseller plans are limited to 25 simultaneous processes per cPanel. Most sites will work perfectly with a 25 concurrent processes limit.
Unlimited Disk Space
There are no set limits on the disk space or data transfer (bandwidth) that we provide in our shared hosting plans. We want you to have the resources you need to build a great online presence. While it is rare, we may need to put constraints on accounts that are using resources that impact other customers on the same server.
Typically, customers only run into issues if they use their accounts for storage or file sharing, which is not what our services are intended to support. In accordance with our Terms of Services the disk space and bandwidth you use must be integrated into the normal operation of your website.
If we have concerns about your account’s bandwidth or disk space utilization, you will receive an email asking you to reduce usage.
Our web hosting service is intended to host websites, not backup or storage facility for users’ data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only. If you use your hosting space for Backups or FTP data storage we will delete the files/folders without prior notice as this is strictly prohibited.
You can’t store any digital file without having rights and permission for using it. Example of digital file: any sound file, any video file, any software etc.
Within Shared Hosting or Reseller plans, there is a limit for sending emails per hour. We have established it for: 300 mails/hour.
Chapter 10 – LIMITATION OF LIABILITY
We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
Chapter 11 – GENERAL TERMS
We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
For clients with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
In the event that we are unable to contact a reseller account holder to pursue payment, we reserve the right to contact their customers to inform them of the situation. We also reserve the right to contact a resellers customers if they are ‘abandoned’ by the reseller account holder.
We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation .
We reserves the right to add, delete, or modify statements in these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and announcements in our forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.
Chapter XIV – ICANN RULES FOR DOMAIN AUTORENEWAL AND DELETION
At CLOUD LABS, domain names are registred for fixed periods of time and are available to be renewed any moment during a valid registration prior to the domain registration expiration date. Before period of registration ends, we will send several emails to the clients or to the agents acting on their behalf, in order to notify them about the expiration of their domain at a certain date.
These emails will be sent with 60 days before the expiration of the domain. It is important that our email addresses won’t be blocked by spam or junk, and for the clients, to have valide email addresses in our data base, in order to receive any notifying email from us.
If a client doesn’t renew the domain on time, the domain can be deleted and after it can be reselled. In order to help our clients renew the domains, we could, but we are not obliged to, oferr them a grace period after the date of expiration. We currently endeavor to provide a grace period that extends 30 days past the expiration date, to allow the renewal of an expired domain. 21 days after the expiration date of a domain, the expired domain will be removed from the customer’s account and all name servers will be changed. The expired domains will open a special page, where clients will be notified that their domain is epxired and they will have there a renewal link. There will also be there a Pending/Delete button and notifications about the expiry will be included in a weekly report of renewal and expiration which will be emailed to each client.
During this period a client can renew a domain name; however, a grace period is not guaranteed and can change or be eliminated at any time, without any notice. Consequently, every client who desires to renew his domain name, should do so in advance of the expiration date, to avoid any unintended cancelation of their domain. In case a domain name is not renewed it will be deleted. The registrars can, but they are not obliged to, offer a grace period of 30 days past the expiration date. This period is not quaranteed, that is why we advice our clients to renew their domains on time.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
CLOUD LABS may collect and use Users personal information for the following purposes:
To improve customer service
– Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
– We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
– We may use feedback you provide to improve our products and services.
To send periodic emails
– We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Tel: +1 6468 447 076
This document was last updated on February 01, 2015