Terms of Use


CLOUDMILLER, provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.


Content

All services provided by CLOUDMILLER,  are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless CLOUDMILLER, from any claims resulting from the subscriber’s use of CLOUDMILLER’s services which damages the subscriber or any other party.


Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites

Distribution of music files or any other material in which the account holder does not own the copyright.
CLOUDMILLER, will be the sole arbiter as to what constitutes a violation of this provision.

Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:


IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.


Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.


PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.


Commercial Advertising – Email:

  • Spamming, i.e. the sending of unsolicited email, from any CLOUDMILLER server or any server located on the CLOUDMILLER network is STRICTLY prohibited. CLOUDMILLER will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at CLOUDMILLER.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by CLOUDMILLER customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any CLOUDMILLER-hosted domain, or referencing any CLOUDMILLER account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
  • All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.

Advertising & Promotions Limitations

In the following scenarios CLOUDMILLER clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at CLOUDMILLER. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by CLOUDMILLER.

  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
  • Any illegal or unlawful activity
  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

Server Abuse – Any attempts to undermine or cause harm to a CLOUDMILLER server or subscriber of CLOUDMILLER is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system


You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of CLOUDMILLER, and all dedicated servers must adhere to the above policies.


Password Security and Account Authorization


CLOUDMILLER provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. CLOUDMILLER will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.


Technical Support & Heroic Support

CLOUDMILLER Heroic Support includes access to technical support provided via phone, email and livechat. CLOUDMILLER has three levels of Heroic Support from Fully Managed, Core Managed and Self Managed. Details for each level of support are provided on our Support Comparison page.

CLOUDMILLER’s technical support is strictly limited to the direct customer of CLOUDMILLER and not to in-direct client. For example, a client of the CLOUDMILLER Customer is not entitled to Heroic Support from CLOUDMILLER and should at no time be given Account Access, Passwords, or Passphrases for CLOUDMILLER’s Heroic Support. It is the obligation of the CLOUDMILLER customer to ensure compliance with this policy.


Best Effort Support

CLOUDMILLER will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. Best Effort support means that when possible CLOUDMILLER technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.


CDN (Content Delivery Network) Bandwidth and Overage Fees

When choosing to use our Content Delivery Network (CDN) to accelerate your website – as well as images/videos/etc on that website – you are responsible for all bandwidth costs associated with delivery of your content over the public internet. This responsibility includes bandwidth costs incurred due to piracy. CLOUDMILLER makes options readily available that can prevent overage charges caused by “hot-linking.” When using a CDN, all assets are assigned a CDN URL. There are individuals, or 3rd party sites, that target these asset URLs and serve them without the site owner’s permission. We strongly recommend that you take steps to protect yourself, your content, and your invoice from hot-linking. Due to a range of customer preferences, CLOUDMILLER does not enable hot-linking protection measures by default. It is recommended that you take measures to protect yourself such as:

  1. Constantly monitor bandwidth utilization and verify alerts containing information on abnormal CDN bandwidth usage
  2. Implement proactive measures to make accessing your site’s source code more difficult

Cloud Sites Acceptable Use Policy

Customer may not use any shared system provided by CLOUDMILLER in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. Note: the use of more than 10,000 inodes per GB on any Cloud Sites account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended.


Scheduled Maintenance and Downtime

CLOUDMILLER will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond CLOUDMILLER’s control or which are not reasonably foreseeable by CLOUDMILLER, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. CLOUDMILLER will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. CLOUDMILLER has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.


Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee


Any violation of CLOUDMILLER’s, Terms of Service Agreement shall result in no refund.


Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.


CLOUDMILLER’S REMEDY UPON DEFAULT; TERMINATION.

In addition to all rights and remedies granted to CLOUDMILLER in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, CLOUDMILLER shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to CLOUDMILLER all Fees and other amounts due and owing for Services provided through and including the effective date of termination.


Cancellation Procedure:

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via  email sent to [email protected] (email subject to valid proof of account ownership). CLOUDMILLER is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.


Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. CLOUDMILLER,  is not responsible for lost data or for lost data due to third party software that is not maintained by CLOUDMILLER,  programming staff. (Cpanel is not associated with CLOUDMILLER,)


Promotional Use

CLOUDMILLER may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by CLOUDMILLER may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the CLOUDMILLER website. This reference will be strictly limited to disclosure that CLOUDMILLER has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at CLOUDMILLER. However, CLOUDMILLER may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by CLOUDMILLER under this Agreement shall not be deemed .Work For Hire,. but CLOUDMILLER shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by CLOUDMILLER.


Software License Policy

Where specifically prohibited, Customer shall not mix software license ownership when utilizing CLOUDMILLER services. In such cases, where the Customer provides all licensed products, including the OS, all licenses must be provided by the Customer and may not be mixed with CLOUDMILLER licensed products. Requirements vary by software vendor.


Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, CLOUDMILLER SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. CLOUDMILLER SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF CLOUDMILLER AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, CLOUDMILLER  PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND CLOUDMILLER  SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.


Indemnification

Customer agrees to indemnify and hold harmless CLOUDMILLER  its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

CLOUDMILLER may from time to time, at the request of the CUSTOMER, be enlisted to perform server administration tasks on CUSTOMER hardware which is colocated at CLOUDMILLER facilities. This service shall be referred to as “Remote Hands”. Customer agrees to indemnify and hold harmless CLOUDMILLER, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any incidental damages caused to CUSTOMER hardware in the performance of CLOUDMILLER remote hands server administration.