Terms of Service

General terms

IMPORTANT NOTICE: *All Payments To Cloudfanatic, INC. Are Non-Refundable except for our 7 day money back guarantee(See below). Cloudfanatic.NET (“Cloudfanatic, The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Cloudfanatic Service constitutes acceptance and agreement to Cloudfanatic’s AUP as well as Cloudfanatic’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Cloudfanatic and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, Cook County applicable to contracts enforceable in that state. Venue will be Cook County, Illinois Unmetered Bandwidth & Use of servers for bandwidth intensive purposes: Using our services to host applications that produce high bandwidth usage patterns is prohibited without the prior consent of Cloudfanatic. Please contact sales (at) Cloudfanatic (dot) net before signing up. Failure to contact us may result in your server being rate-limited or turned off.

Unmetered Bandwidth: UNMETERED BANDWIDTH IS BASED ON FAIR SHARE USE – Using our services to host applications that produce high bandwidth usage patterns is prohibited without the prior consent of Cloudfanatic. Please contact sales (at) Cloudfanatic (dot) net before signing up. Failure to contact us may result in your server being rate-limited or turned off.

7 day money back guarantee: Cloudfanatic offers a 7 day money back guarantee which applies to new customers only. Crypto currency payments are not refundable. The money back guarantee is applied only once per customer to their initial (single/one) service. Software license fees are not refundable (eg: cPanel/WHM license fee, DirectAdmin license fee, etc). The money back guarantee will be void if the service is found to have been extensively used and/or abuse report(s) have been received for the service within the 7 day period.

Crypto currency payments: Crypto currency payments are not refundable and are subject to verification by providing a scanned copy of valid ID or Passport.

Scope.

These TOS/AUP will be applied to an agreement between Cloudfanatic INC, and a customer (“Customer”) to whom Cloudfanatic provides online and cloud-based infrastructure and software services for the Customer’s commercial purposes (“Service”). In these Terms, Cloudfanatic and Customer are referred to jointly as the “Parties” and individually as a “Party”. The Parties expressly acknowledge that the Service is neither intended nor fit for use by consumers.

tl;dr These terms are a general agreement between us at Cloudfanatic and you the user. They exist to protect both you as a user of the provided services and us as a service provider, and help you understand your rights and obligations as a customer.

Agreement Documents.

An agreement is formed between the Parties when Cloudfanatic receives an appropriately filled-in registration form or order form (“Order”) which the Customer has submitted through Cloudfanatic’s website.

tl;dr You agree to these terms when registering for an account through our website.

Provision of Service.

Cloudfanatic shall provide the Customer with the Service, which is specified in the Order. If the provided Service differs from the specifications, Cloudfanatic shall correct the Service promptly after a notification by the Customer.

tl;dr We promise to provide your services as you requested. And if not, let us know and we’ll be happy to remedy it.

Service Levels.

Cloudfanatic shall offer compensation to the Customer for all unscheduled interruptions in the provision of the Service in accordance with the SLA in force from time to time.

tl;dr If we fail to provide you with your services, we will provide you with a compensation according to our SLA – service level agreement.

Support.

Cloudfanatic shall provides 24 x 7 technical support via web-based helpdesk. All services provided to Customer are unmanaged/self-managed, Cloudfanatic only ensures that the service is online and is remotely accessible to the Customer at any time.

tl;dr All servers are self-managed.

Access to Service Account.

The Customer will be responsible for activities that occur under the Customer’s service account, including actions taken by the Customer’s employees and other representatives (“User”) as well as their compliance with user instructions and the AUP. The Customer must promptly notify Cloudfanatic if the Customer suspects that an unauthorised third party is using, or may have access to, the Service or the Customer’s service account.

tl;dr You need to make sure to follow our acceptable usage policy (AUP) and inform us if you think someone else might have accessed your account without permission.

Third-Party Software.

The Customer must comply with third-party software license terms if the use of such software is offered by Cloudfanatic for the provision of the Service, or if such software is obtained and uploaded in the Service by the Customer, with Cloudfanatic’s separate instructions. Certain third-party software cannot be uploaded by the Customer but must always be offered by Cloudfanatic.

tl;dr You can use third-party software on your servers as long as you have a valid license, but with the exception of certain software (such as any Windows OS) that must be provided by us. If in doubt, contact us for more information.

Paid subscription and free trials.

The Service and the prices for the Service (“Service Fee”) are described in the service descriptions available on Cloudfanatic’s website. Cloudfanatic may from time to time offer trials of the Service for a specified period without payment. Cloudfanatic reserves the right, in its sole discretion, to determine Customer’s eligibility for a free trial and, subject to applicable laws, to withdraw or to modify an offer trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For a free trial of the Service, Cloudfanatic may require Customer to provide payment details to start the trial. At the end of such trial, Cloudfanatic may automatically start to charge the applicable service fees for the Service immediately after the end of the free trial in accordance with Section Payment Terms and according to the price list on Cloudfanatic’s website. The applicable subscription to the Service must be cancelled through Customer’s account’s subscription page, or the Service must be terminated in its entirety, before the end of the trial period in case Customer does not accept the applicable prices provided on Cloudfanatic’s website. Customer shall ensure that the authorised Users use the Service in compliance with this Agreement. Misuse of the Service by Customer or any User may lead to termination of the Agreement or suspension or denial of access to the Service.

tl;dr We may offer time limited free trials but are not obligated to provide one. And while the trial is completely free, you might be required to verify your payment details to start your trial. If you wish to continue using the services after your trial, you will need to make a payment.

Right to use the Service and eligibility.

Subject to due subscription to the Service and compliance with the Agreement, Cloudfanatic grants to Customer a non-exclusive, nontransferable and limited right to enter and use the Service and grant Users access rights to the Service.

tl;dr You are welcome to use our services as long as you follow these terms.

Service Back-Up.

Unless otherwise stated in the Service’s description, Cloudfanatic does not make any backups of Customer’s data. The Customer is responsible for making appropriate back-up copies of the Customer Data stored in the Service. Such back-up copies shall be stored outside the Service.

tl;dr Make sure to keep backups of your data and store them at an external location, outside of Cloudfanatic’s services.

Payment Terms.

Establishment of this Service is dependent upon receipt by Cloudfanatic of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that Cloudfanatic may automatically charge subscriber’s credit card every month. Cloudfanatic reserves the right to process Subscriber’s credit cards from 1 to 21 days before the actual due date to ensure that the funds are received by the due date. Subscriber may opt out of automatic billing by opening a ticket on our helpdesk. Subscriber may or may not wish to setup automatic paypal subscription at the time of purchase or any time after that. Paypal subscriptions and management of paypal subscription are a responsibility of the Subscriber. It is also Subscriber’s responsibility to cancel their paypal subscription when they cance their service with Cloudfanatic.

tl;dr By default we will automatically charge your credit card when time to renew comes. If you dont want this, please open a ticket on our helpdesk. If you are using paypal automatic subscriptions, please make sure you cancel them when you cancel your server. Please note that payments are non-refundable unless otherwise stated.

Customer’s obligations and rights.

When subscribing to the Service, Customer shall provide true, accurate and complete information as prompted by the Order and update such information when required. Please note that this Agreement only covers the Service and the use thereof and any and all linked third party services and platforms are provided by the relevant third parties and covered by their terms of service or other agreement or license. Cloudfanatic does not assume any liability in regard to use of such third-party services and platforms, whether or not they are linked to the Service.

tl;dr When using our services, it’s your responsibility to keep your contact information up to date. In addition, we can’t be held responsible for any third-party services you might use together with our services.

Use restrictions.

Customer is not permitted and not entitled to permit the Users or any other parties to do any of the following:

copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make availabe to the public any part of the Service, or otherwise make any use of the Service which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it or any other intellectual property rights of third parties;

use the Service in any manner that could damage, disable, overburden or impair the Service available through the Service; use any data mining, robots, scraping, or similar data gathering or extraction methods; sign up for an account on behalf of someone else; use, sell, rent, transfer, license or otherwise provide anybody with the Service, except as provided herein; interfere with other Customers’ use and enjoyment of the Service; circumvent or try to circumvent any usage control or anti-copy functionalities of the Service; reverse engineer or decompile the Service or access the source code thereof, except as permitted by law; use the Service for transmitting any unauthorised advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging; use the Service in violation of applicable law; use the Service in ways that violate intellectual property rights, business secrets or privacy of third parties; use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.

tl;dr You must not use our services for anything illegal or that would cause problems to us or our users. Please contact us if you are uncertain, and we will be happy to clarify this for you.

Indemnification.

YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

tl;dr In other words, if, for example, you’re angry with someone for something they write on a website that’s hosted on Cloudfanatic, we can’t be held responsible for what they say or do.

Customer Data.

Customer data shall mean all Customer’s data that a Customer or another party acting on Customer’s behalf generates in or submits to the Service (“Customer Data”) or the data Customer submits to a third-party service or platform which might be accessed by the Service, subject to and on the basis of the permissions or consents Customer has granted. Customer agrees that Cloudfanatic does not assume any liability or responsibility in respect to any Customer Data, with the exceptions relating to Personal Data as set forth in Section Data Processing below. Customer shall at all times ensure that Customer Data does not infringe any third party intellectual property rights or violate any applicable laws or legislation. Customer shall not upload any illegal, offensive, threatening, libellous, defamatory, or otherwise inappropriate data to the Service. For clarity, Cloudfanatic is not responsible and shall not be held liable for any Customer Data, nor does it endorse any opinion contained in any Customer Data. Aside from the rights specifically granted herein, Customer retains ownership of all rights, including intellectual property rights, in the Customer Data.

tl;dr Any data uploaded to or generated on your servers are yours and yours only. We cannot be held responsible for it and we refrain from applying our opinions and values towards it, as long as it’s not illegal or breaking our terms of service. In additional, we promise to keep your personal data safely and privately stored.

Data Processing.

In order to provide the Service, Cloudfanatic may process personal data on behalf of the Customer as a data processor for the purposes of providing the Service. In this section, “Personal Data” refers to any information relating to an identified or identifiable natural person the Customer enters into the Service and Cloudfanatic processes on behalf of the Customer in the course and within the scope of providing the Services.

tl;dr We collect and process certain personal data (contact, billing and behavioural) in compliance with GDPR to better be able to provide you with our services. This does not include any personal data you store on your servers, which are not accessible by us and under your sole discretion.

Subprocessors.

The Customer gives its general authorization to allow Cloudfanatic to involve Cloudfanatic’s affiliated companies and other subcontractors as subprocessors to process Personal Data in connection with the provision of the Service, to the extent such appointment does not lead to non-compliance with any applicable law or Cloudfanatic’s obligations under this Agreement.

tl;dr We might use third-parties that need to process your personal data to provide you with our services such as to process your payment.

Deletion and return of Personal Data.

Cloudfanatic shall not take any action to intentionally erase any Personal Data processed on behalf of the Customer, without the Customer’s explicit request. Personal Data shall be processed under this Agreement until the Customer requests the Personal Data to be deleted from Cloudfanatic’s database. Within a reasonable time after the request, Cloudfanatic shall permanently delete Personal Data from its storage media, except to the extent that Cloudfanatic is under a statutory obligation to continue storing such Personal Data. On the Customer’s request, Cloudfanatic shall confirm the deletion in writing. The obligation to delete Personal Data shall not apply to Personal Data contained in regular back-up copies of comprehensive datasets from which the individual deletion of Personal Data would not be possible without significant efforts or costs.

tl;dr We will delete your personal data if requested, to the extent we are allowed to, and confirm it to you in writing.

Confidentiality.

The Parties may exchange confidential information during the performance of this Agreement. Confidential information shall mean any information which is marked as confidential or which should be understood as confidential, irrespective of its form of storage or disclosure. All confidential information shall remain the property of the disclosing Party and the receiving Party shall keep confidential and refrain from using such confidential information otherwise than for the purposes of this Agreement, during the term of this Agreement and after the termination of this Agreement. For the avoidance of doubt, any information of or relating to a Party or that Party’s personnel, suppliers, contractors, customers or end-users, which information is obtained or detected by the other Party or processed or generated in the course of providing or receiving the Service shall be deemed confidential information of that Party. Each Party shall promptly upon termination of the Service cease using confidential material and information received from the other Party and use reasonable means to destroy such material. Each Party shall, however, be entitled to retain the copies required by law or regulations.

tl;dr We will keep any confidential information we have exchanged between each other secured, and we expect you to do the same.

Intellectual Property Rights.

All intellectual property rights to and in the Service as well as intellectual property rights pertaining thereto, are exclusive property of Cloudfanatic or its licensors with all rights reserved. All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of Cloudfanatic or its licensors.

tl;dr You retain your rights to any data uploaded onto our services and we retain the rights to our intellectual property.

Limited Warranty.

Cloudfanatic will offer service level compensations to the Customer in accordance with the SLA. In all other respects the Service is provided on “as-is” and “as-available” basis, and Cloudfanatic will not give the Customer any warranty or guarantee, express or implied, for the Service, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Service is not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.

tl;dr We offer compensation for interruptions to our services according to our Service Level Agreement but cannot provide any warranty or guarantee.

Limited Liability.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF Cloudfanatic HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT Cloudfanatic WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST Cloudfanatic ARISING OUT OF SUBSCRIBER’S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF Cloudfanatic’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES. IN ADDITION, YOU AGREE THAT Cloudfanatic IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT Cloudfanatic WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL Cloudfanatic, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Cloudfanatic IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

Temporary Suspension.

If the Customer has breached the provisions of the Agreement or Cloudfanatic has justifiable reasons to believe such a breach exists, Cloudfanatic may temporarily suspend the provision of the Service.

tl;dr If you break these rules, we may temporarily suspend access to your account and services.

Termination for Convenience.

The Customer may terminate the Agreement for any reason by submitting a cancellation request through Cloudfanatic’s customer area. Cloudfanatic may terminate the Agreement for any reason at any time with or without notice to the Customer.

tl;dr If you would like to terminate this agreement, you can do so at any time through your client area.

Entire Agreement and Amendments.

The Agreement constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Service. Cloudfanatic may modify this Agreement at any time with or without notification by posting a revised document version on Cloudfanatic’s website. If Cloudfanatic considers that a revision will have a material effect on the Agreement, Cloudfanatic will notify the Customer at least 7 days before the revision will be effected and reserve the Customer a possibility to terminate the Agreement.

tl;dr These terms are agreed to in full. If any changes would significantly affect you, we will inform you at least 7 days in advance.

Non-Waiver.

A failure by either Party to enforce any provision of the Agreement will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.

tl;dr These terms will remain effective even if not strictly enforced.

Force Majeure.

Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Service or the fulfilment of the provisions of the Agreement, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each Party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the Party either directly or through its subcontractor.

tl;dr Neither of us can be held responsible in a case of a major issue that is out of our hands.

Severability.

Should any provision of the Agreement be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect to the fullest extent permitted by law. The Parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the Parties.

tl;dr The rest of these terms will remain in effect even if deemed unenforceable by a court, and we will instead negotiate a replacement in good faith.

Governing Law and Arbitration.

This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, Cook County applicable to contracts enforceable in that state. Venue will be Cook County, Illinois

tl;dr Any disputes will be decided in English in the state of Illinois, USA.

Service Level Agreement.

Scope. This service level agreement (“SLA”) is an integral part of the Contract between Cloudfanatic and the Customer.

Service Guarantee. Cloudfanatic will in its best intention try to provide 99.9% virtual server and network availability to the Customer. The network will be deemed available if Cloudfanatic’s routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, Cloudfanatic shall offer compensation to the Customer.

Scheduled Interruptions. Cloudfanatic will notify the Customer by e-mail or on Cloudfanatic’s website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which Cloudfanatic may deploy without prior notice.

Error Notifications. In case of an interruption in the Services, the Customer has to notify Cloudfanatic by helpdesk ticket or email. The interruption is deemed to begin when the failure starts to affect the Customer’s use of the Services, and to end when the failure has been corrected.

Compensation. When a failure in the Services has been corrected, Customer may request compensation via a helpdesk ticket. The compensation will be paid to the Customer’s service account in the form of credits and may not be exchanged for cash or other forms of payment.

Amount of Compensation. The amount of compensation will be as follows:

99.8% – 99.4% uptime 5% credit

99.3% – 98.9% uptime 10% credit

98.7% – 98% uptime 15% credit

97% – 94% uptime 25% credit

Less than 94% uptime 100% credit

The maximum amount of compensation for an individual interruption is 100% of Cloudfanatic’s charges for the Services during 30 calendar days preceding the interruption.

Sole Remedy. The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, Cloudfanatic’s decision on the issue will be binding and final.

Exemptions from Service Guarantee. The following situations will be exempt from Cloudfanatic’s service guarantee:

Scheduled interruptions Failures caused by errors in third party software utilized in the Services Failures in products or services which are not included in the Services Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Services Violations of Cloudfanatic’s policies Failures due to hostile actions by third parties such as denial-of-service attacks Interruptions resulting from law and public authority enforced activities Customer does not have sufficient pre-paid balance on the Customer’s service account for the use of the Services at the time of the interruption in the Services.

No compensation will be payable to the Customer during a free-of-charge trial period.

Acceptable Use Policy.

Scope. This acceptable use policy (“AUP”) is an integral part of the Contract between Cloudfanatic and the Customer.

User Instructions. The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.

Customer’s Legal Compliance. The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.

Illegal or Offensive Use of Services. The Customer is not entitled to use the Services for purposes which Cloudfanatic deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact Cloudfanatic in advance and request permission. For example, Cloudfanatic considers the following actions or content to be illegal or offensive:

Use of the Services in connection with fraudulent activities. Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations. Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence. Storage or transfer of, or linking to child pornography or content containing non-consensual sexual acts Hosting public proxies. Hosting commercial vpns. Promotion of illegal material or products. Unauthorized access to, or attempting to access, systems, networks or data. Use of a user account or computing without the owner’s authorisation. Collection of user information such as email addresses without the consent of the person identified (phishing). Monitoring of network traffic or data without authorization. Using the Service to download or transmit torrents. Crypto currency mining. TOR Online/cloud storage syncing. Hosting media streaming server/service.

If you are running a VPN or Proxy service, you are responsible for the sub-users that connect to it. There is no way to tell the difference between abuse from a user and abuse from sub-users, so malicious activity from your sub-users will flag your account. This can lead to us suspending your account and destroying your virtual servers. Because of the risk to your account, we do not recommend running open services where any user can connect. While we do not restrict the software you choose to install, you are responsible for how it is used and how freely available you make the service.

Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive Cloudfanatic’s written consent.

Disruptive Use of Services. The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or Cloudfanatic infrastructure, or interferes with the operation of the Services or Cloudfanatic infrastructure. For example, Cloudfanatic considers the following actions to be disruptive on the operation of the Services/Cloudfanatic infrastructure:

Intentional or careless use of the Services in excess of a typically expected server load, such as continuosly high CPU or I/O use rate. Intentional or careless use of the Services to host applications that produce high bandwidth usage patterns. Intentional or careless configuration of servers that enables unauthorized third party access or otherwise lacks adequate security requirements. Measures which are mainly aimed to circumvent, or interfere with, the monitoring, controlling, or charging of the Services by Cloudfanatic.