Terms of Service
CloudFire Hosting (“The Company”) agrees to furnish services to the client, subject to the following Terms of Service (TOS). Use of CloudFire Hosting's service constitutes acceptance and agreement to CloudFire Hosting’s Acceptable Usage Policy (AUP) as well as CloudFire Hosting’s Terms of Service (TOS). All provisions of this contract are subject to the Terms of Service (TOS) of CloudFire Hosting and Acceptable Usage Policy (AUP). The AUP may be changed from time-to-time at the discretion of the Company. If changes are made in the Terms of Service or the Acceptable Usage Policy the client will be sent a notification by email that changes have been made. The client understands that changes to the AUP by CloudFire Hosting shall not be grounds for early contract termination or non-payment. The client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the client. The client is aware that the Company may prospectively change the specified rates and charges from time-to-time.
1. Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, The client agrees that the Company may disclose any and all the client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the client. In addition, CloudFire Hosting shall have the right to terminate all service set forth in this Agreement.
Establishment of this service is dependent upon CloudFire Hosting receiving payment for the balance due which is stated on service invoices. Services may involve various billing schedules including but not limited to monthly, quarterly, annually or biannually. The invoiced amount for services is due on the anniversary date where the service began.
3. Late Payments and Fees
Service may be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $25.00 administrative fee. Accounts with open balances exceeding 30 days past the due date may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in category #5 in this TOS.
4. Account Cancellation
Requests for canceling accounts must be submitted by making a formal request via email, written request or filling out a cancellation form. Your status as the account holder or a verified account agent with permission must be verified. If cancellations are not submitted 10 days before the service renewal, you assume responsibility for the full amount.
5. Failure to Pay
The Company may temporarily deny service or terminate this agreement upon the failure of the client to pay charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges, plus reasonable suspension and any collection fees.
6. Refund and Disputes
Nonrefundable payments to CloudFire Hosting include payment for domains, server leasing fees, bandwidth, software licenses or additional extension services (formally referenced as "Additional Services" on the website under the pricing page). Services that are refundable within 60 days (in accordance with the 60-day money back guarantee) include the "Starter" "Managed" and "Business" hosting plans for only the invoiced amount paid by the client related to these services before the 60 day money back guarantee expires. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
7. Liability and Service Interruption
The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of CloudFire Hosting and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the client agrees that CloudFire Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of CloudFire Hosting. The client further acknowledges that CloudFire Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall CloudFire Hosting be liable for any special or consequential damages, loss or injury.
8. Support Boundaries
8 - b. CloudFire Hosting offers managed and unmanaged hosting plans. For specialized projects, administrative work or consulting outside of the scope allotted by the client’s current hosting plan our teams services are available at the rate of $120.00 hourly, billed in 1/2 hour increments.
8 - c. Support for resellers is provided under the precondition that the client is obligated to provide Tier 1 support (Billing, Sales and client-side cPanel actions) for their client. Technical Support (Tier 2) involving the WHM-side actions, command-line work and issues not specific to the end-clients website files, programming or scripts is available for the end-client's cPanel accounts belonging to a reseller. CloudFire Hosting's support for clients or end-clients of resellers outside of this specified scope is neither obligated nor promised and any extension of support, consultations or actions will be performed on a "best-effort" basis, with the full release of liability of CloudFire Hosting and any of its partners.
9. SPAM and Unsolicited Commercial Email (UCE)
CloudFire Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CloudFire Hosting may not use or permit others to use our network to transact in UCE. Customers of CloudFire Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam. we reserve the right to occasionally sample bulk email being sent from servers. 9a. Violation of CloudFire Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CloudFire Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, CloudFire Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CloudFire Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, CloudFire Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CloudFire Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. 9b. As our Customers are ultimately responsible for the actions of their clients over the CloudFire Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
10. Open or “Anonymous” Proxy
CloudFire Hosting does not permit use of Open or “Anonymous” proxy servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination. IMPORTANT NOTICE: **BEGINNING IMMEDIATELY**, anyone hosting websites or services on our network or servers that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their hosting service immediately removed from our network. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account, server or service from our network without notice to the customer. Any account, service or server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
11. Internet Relay Chat (IRC)
CloudFire Hosting does NOT ALLOW IRC to be run on any servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.
12. Abuse Services
Delisting blacklisted IPs is subject to $20.00 per delisting. Mail log cleanup is subject to $15.00 per hour of cleanup. If a security scan is run, cleanup of infected or malicious files is subject to $30.00 per cleanup.
13a. IP Address Ownership: If CloudFire Hosting assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to CloudFire Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by CloudFire Hosting in its sole discretion in connection with the Services, during the term of this Agreement. CloudFire Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CloudFire Hosting, and CloudFire Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
13b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). CloudFire Hosting will monitor Customer’s bandwidth and disk usage. CloudFire Hosting shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CloudFire Hosting’s sole and absolute discretion. If CloudFire Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, CloudFire Hosting may, at its sole discretion, collect a deposit, in an amount determined by CloudFire Hosting, against customer’s credit card on file with CloudFire Hosting.
13c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the CloudFire Hosting Network. Violations of system or network security may result in civil or criminal liability. CloudFire Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access - Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. - Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” - Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting - Taking any action in order to obtain services to which such User is not entitled
14. Notification of Violation 14a. CloudFire Hosting is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
14b. First violation: Any User, which CloudFire Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CloudFire Hosting’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
14c. Second Violation: Users that CloudFire Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
14d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
CloudFire Hosting wishes to emphasize that in agreeing to the CloudFire Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CloudFire Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CloudFire Hosting or the bringing of any claim against CloudFire Hosting by any third-party. This means that if CloudFire Hosting is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against CloudFire Hosting, plus all costs and attorney’s fees.
17. Suspension of Service or Cancellation
CloudFire Hosting reserves the right to suspend network access to any customer if in the judgment of the CloudFire Hosting network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CloudFire Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
18. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
18a. A waiver by the Company of any breach of any provision of this Agreement by The client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
18b. The client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to The client. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
18c. CloudFire Hosting takes no responsibility for any material input by others and not posted to the CloudFire Hosting Network by CloudFire Hosting. CloudFire Hosting is not responsible for the content of any other websites linked to the CloudFire Hosting Network; links are provided as Internet navigation tools only. CloudFire Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
18d. CloudFire Hosting is not responsible for any damages your business may suffer. CloudFire Hosting does not make implied or written warranties for any of our services. CloudFire Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CloudFire Hosting.
19. Responsibility for Content
You, as CloudFire Hosting’s customer, are solely responsible for the content stored on and served by your CloudFire Hosting server.
20. Windows Servers
Requirements for using Microsoft software. The clients are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products. CloudFire Hosting may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships CloudFire Hosting has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by CloudFire Hosting and not by the Third Party Vendor. Neither CloudFire Hosting nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from CloudFire Hosting or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither CloudFire Hosting nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user the client agreement for third party products and that customer shall be fully liable to third party vendors and CloudFire Hosting with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user the client agreements.
21. Denial of Service
We reserve the right to refuse service to anyone at any time for any reason.