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Terms of Service


Cloudcandy agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Cloudcandy's service constitutes acceptance and agreement to Cloudcandy's Terms of Service.

Cloudcandy reserves the right to modify the Terms of Service without notice.

  • Use of Services:
    You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Cloudcandy of any unauthorized use of your account or any other breach of security. Cloudcandy will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
  • Acceptable Conduct
    You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Cloudcandy. You will not engage in any activity that interferes with or disrupts Cloudcandy's services or networks connected to Cloudcandy.
  • Prohibited Usage
    You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Cloudcandy will impose fees; and/or pursue civil remedies without providing advance notice.
    Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
    Spam and Unsolicited Bulk Email (UBE): Cloudcandy has a zero tolerance policy on Spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Cloudcandy whether or not the message actually originated from our network.
    Mailing Lists: Cloudcandy's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
    Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
    Cloudcandy and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Cloudcandy's services may not be used to facilitate infringement of these laws in any way.
    Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Cloudcandy or Cloudcandy's customers.
    Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
    Cloudcandy does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Cloudcandy routinely monitor the network communications of customer servers as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Cloudcandy. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
  • Invoicing and Payment
    You agree that Cloudcandy shall be permitted to charge your credit card/PayPal account on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 5 days past due. Accounts that are not collectible by Cloudcandy may be turned over to an outside collection agency for collection.
    Subscriber is aware that Cloudcandy may prospectively change the specified rates and charges from time to time.
    Cloudcandy is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Cloudcandy. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless canceling within the 7 day money-back guarantee period.
  • Uptime Guarantee
    Cloudcandy provides a 99.9% uptime guarantee on all hardware, and on network connectivity. In any given month, if your service is down for more than 0.1% in a given month, you may request a pro-rated credit for the down-time.
  • Blacklisting
    Spam and Unsolicited Bulk Email (UBE): Cloudcandy has a zero tolerance policy on Spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. Once the Client resonsible for Blacklisting of the IP is known, we give the client 24 hours to resolve the Issue, if the client doesn't reply back, the service will be permanently Terminated. Owners of New accounts with Blacklisted domains are advised to remove their domains from Domain Block List by contacting Spamhaus themselves and we shall not be responsible for the Domain Block.
  • Free Domain/SSL
    Cloudcandy Host agrees to provide free domain and SSL Certificate of Premium Shared Hosting Plan only if there are no other promos or discounts applied on the Service. That is if the Service is brought by applying any promo code, the free Domain and SSL will be void.
  • Support Boundaries
    Cloudcandy, provides 24 x 7 technical support to subscribers via our Support Ticket system, live chat(if available). The following are our guidelines when providing support: Cloudcandy provides support related to your virtual server physically functioning. Cloudcandy does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Cloudcandy does not provide technical support to your customers. Please feel free to check our Frequently Asked Questions, or our knowledgebase.
  • Account Cancellation or Suspension
    Cloudcandy reserves the right to suspend network access to any customer if, in the judgment of the Cloudcandy network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Cloudcandy chooses. Cloudcandy will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Cloudcandy reserves the right to terminate service without notice for continued and repeated violations of the terms of service. 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.
    If at any time it becomes necessary for Cloudcandy to cancel a customer's service without cause, Cloudcandy will provide 30 days advance notice.
    You may cancel the service at any time by using the option located in your client area. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
  • Billing, Cancellation and Refund Policy
    As a customer of Cloudcandy you agree to submit or supply a payment for the rendered services in advance, on the billing date set by Cloudcandy. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps package or domain name package). You must notify Cloudcandy at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (Cloudcandy shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).
  • Service Credits
    In order to receive a credit, Customer must make a request for by opening a Support Ticket. Each request in connection with this SLA must include the following customer name, username, domain and date/time. Credit request must be received by Cloudcandy within 30 working days at the time of unavailability of the relevant Service. If the unavailability is confirmed by Cloudcandy, credits will be applied within 30 days of Cloudcandy's receipt of Customer’s credit request. Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total hosting fee paid by Customer for such month for the affected Service(s). Lastly, Credits are not refundable and can be used only towards future billing charges and Invoices.
  • Network
    If Cloudcandy assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Cloudcandy, and Customer shall have no right to use that Internet Protocol address except as permitted by Cloudcandy in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies(and RIPE in Europe). These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
    IP provision:
    • IPs are provisioned only if the client undergies RIPE Questionaire for the use of IPs.
    • Low End Plans in Netherlands and USA only come with 1 Additional IP, these services cannot be provisioned with more than 2 IPs in total. The Plans with this effect are : USA Low end Plans and Netherlands NL-VPS1,NL-VPS2,NL-VPS3 and NL-VPS4 Plans.
  • Content

    The Below Contents are not acceptable on our Hosting:

    • IRC Released Items
    • Pirated Software/Warez Uploads
    • Public Proxy Scripts/Anonymizers
    • AutoSurf/PTC/PTS/PPC sites
    • Pirated Applications
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • Commercial Audio Streaming (more than one or two streams)
    • Escrow/Bank Debentures
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Gambling/Casino Sites
    • Hacker focused sites/archives/programs
    • Fraudulent Sites (Including, but not limited to sites like Scam and Spam Sites)
    • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
    • Virtual Currency Mining
    • Booter/Stresser Websites
    • Denial of Service (DoS) Attacks Originators
    • Child Pornography
    • Botnets/Malware
  • Limitation of Liability
    Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Cloudcandy and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Cloudcandy shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Cloudcandy. Subscriber further acknowledges that Cloudcandy's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Cloudcandy be liable for any special or consequential damages, loss or injury. Cloudcandy is not responsible for any damages your business may suffer. Cloudcandy does not make implied or written warranties for any of our services. Cloudcandy 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 Cloudcandy.
  • Disclosure to Law Enforcement
    The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Cloudcandy may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Cloudcandy shall have the right to terminate all service set forth in this Agreement.
  • Warranty Disclaimer
    You agree that your use of Cloudcandy shall be at your sole risk. All services provided by Cloudcandy are available as is, without warranty.
  • Indemnity
    Cloudcandy wishes to emphasize that in agreeing to the Cloudcandy Terms of Service, customer indemnifies Cloudcandy for any violation of the Terms of Service that results in loss to Cloudcandy or the bringing of any claim against Cloudcandy by any third-party. This means that if Cloudcandy is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Cloudcandy, plus all costs and reasonable attorney's fees.
  • Notice
    You agree that Cloudcandy may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Cloudcandy services.
  • Entire Agreement
    The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Cloudcandy and govern your use of Cloudcandy services, superceding any prior agreements between you and Cloudcandy for the use of Cloudcandy services.
  • Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Cloudcandy services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • Giveaway Conditions

    The Free Shared Hosting Promo Giveaway is governed by the following conditions:

    • The Free Account is only valid for 3 Months.
    • The Free Account is governed by our Terms of Service, Acceptable Useage Policy and Privacy Policy.
    • The Free account will be automatically terminated after 3 months unless the client specifically upgrades the service.
    • The Client may not host the contents specified in the contents section in our Terms of Service.
    • If the Client is found to be using the free account for any of our prohibited uses, the account will be terminated automatically.
    • As this is a free account, the offer may close any time.