CloudPress Terms of Service:
Please read this Agreement carefully before accessing or using the Managed Hosting Service. By accessing or using any part of the Managed Hosting Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Managed Hosting Service or use any Managed Hosting Services. If these terms and conditions are considered an offer by CloudPress, acceptance is expressly limited to these terms. The Managed Hosting Service is available only to individuals who are at least 13 years old.
1. Your CloudPress Managed Hosting Service Account and Site.
If you have a Site account on the Managed Hosting Service, you are responsible for maintaining the security of your account and Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Managed Hosting Service. You must immediately notify CloudPress of any unauthorised uses of your Managed Hosting Service, your account or any other breaches of security. CloudPress will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate a Site, comment on a Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
c. you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
e. the Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
f. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
g. your Site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites, and similar unsolicited promotional methods;
h. your Site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Site’s URL or name is not the name of a person other than yourself or company other than your own; and
i. you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by CloudPress or otherwise.
3. CloudPress Managed Hosting Services Payment and Renewal.
a. Fees; Payment. By signing up for a CloudPress Managed Hosting Services account you agree to pay CloudPress the hosting fees indicated at https://www.cloudpress.com.au/ in exchange for the Managed Hosting Services listed at https://www.cloudpress.com.au/. Payments will be charged on a pre-pay basis before the hosting of the Site is actioned and will cover the use of the Managed Hosting Service for an annual subscription period that you indicate. Applicable fees will be invoiced starting from the day your CloudPress Managed Hosting Service is established and in advance of using such Managed Hosting Services. CloudPress reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. CloudPress Site Managed Hosting Services can be canceled by you at anytime on 30 days written notice to CloudPress. Fees are not refundable.
b. Automatic Renewal. Unless you notify CloudPress before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorise us to collect the then applicable annual subscription fee for such Managed Hosting Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
c. Support. CloudPress Site Managed Hosting Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by CloudPress to respond within one business day) concerning the use of the CloudPress Site Managed Hosting Services. “Priority” means that support for CloudPress Site Managed Hosting Service customers take priority over support for customers who have a Managed Hosting Service with priority support. All CloudPress Managed Hosting Services support will be provided in accordance with CloudPress standard Managed Hosting Services practices, procedures and policies.
4. Responsibility of Site Visitors. CloudPress has not reviewed, and cannot review, all of the material, including computer software, posted to the Managed Hosting Service, and cannot therefore be responsible for that material’s content, use or effects. By hosting your Site, CloudPress does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CloudPress disclaims any responsibility for any harm resulting from the use by visitors of your Site, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Sites and webpages to which CloudPress Managed Hosting Service links, and that link to the CloudPress Managed Hosting Service. CloudPress does not have any control over those non-CloudPress Sites and webpages, and is not responsible for their contents or their use. By linking to a non-CloudPress Site or webpage, CloudPress does not represent or imply that it endorses such Site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CloudPress disclaims any responsibility for any harm resulting from your use of non-CloudPress Sites and webpages.
6. Copyright Infringement. As CloudPress asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the CloudPress Managed Hosting Service violates your copyright, you are encouraged to notify CloudPress. CloudPress will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CloudPress will terminate a customer’s access to and use of the Managed Hosting Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CloudPress or others. In the case of such termination, CloudPress will have no obligation to provide a refund of any amounts previously paid to CloudPress.
7. Intellectual Property. This Agreement does not transfer from CloudPress to you any CloudPress or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CloudPress. CloudPress, the CloudPress logo, and all other trademarks, graphics and logos used in connection with CloudPress, or the Managed Hosting Service are trademarks or registered trademarks of CloudPress or CloudPress’ licensors. Other trademarks, graphics and logos used in connection with the Managed Hosting Service may be the trademarks of other third parties. Your use of the Managed Hosting Service grants you no right or license to reproduce or otherwise use any CloudPress or third party trademarks.
8. Attribution. CloudPress reserves the right to display attribution links such as “Powered by CloudPress” in your Site footer.
9. Domain Names. If you are using a registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
10. Changes. CloudPress reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Managed Hosting Service following the posting of any changes to this Agreement constitutes acceptance of those changes. CloudPress may also, in the future, offer new Managed Hosting Services and/or features through the Managed Hosting Service (including, the release of new tools and resources). Such new features and/or Managed Hosting Services shall be subject to the terms and conditions of this Agreement.
11. Termination. CloudPress may terminate your access to all or any part of the Managed Hosting Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CloudPress Managed Hosting Service account, you may simply discontinue using the Managed Hosting Service and provide us with a written notice. Notwithstanding the foregoing, if you have a CloudPress Site Managed Hosting Services account, such account can only be terminated by CloudPress if you materially breach this Agreement and fail to cure such breach within thirty (30) days from CloudPress’ notice to you thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties. The Managed Hosting Service is provided “as is”. CloudPress and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CloudPress nor its suppliers and licensors, makes any warranty that the Managed Hosting Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or Managed Hosting Services through the Managed Hosting Service at your own discretion and risk.
13. Limitation of Liability. In no event will CloudPress, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or Managed Hosting Services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CloudPress under this agreement during the twelve (12) month period prior to the cause of action. CloudPress shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. Indemnification. You agree to indemnify and hold harmless CloudPress, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Managed Hosting Service, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between CloudPress and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of CloudPress, or by the posting by CloudPress of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Managed Hosting Service will be governed by the laws of the state of Western Australia, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Western Australia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CloudPress may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Updated January 01, 2015.