Legal Agreement

This Legal Agreement sets forth the terms and conditions governing your use of our services. By accessing, using, or purchasing our services, you agree to be bound by these terms, which establish a legally binding contract between you and our company.

Understanding Your Subscription and Compliance Policy

Subscription Payment and Notices

At cloudmania.net, we operate on a pre-payment or monthly subscription model. Timely payments are essential for uninterrupted service. Should there be insufficient funds in your account, we'll notify you to update your payment method or settle any outstanding balances. Failure to comply within the given timeframe will lead to the automatic termination of your Virtual Private Server (VPS), resulting in the loss of all stored data.

What Constitutes a Takedown?

A takedown is initiated under two circumstances: non-payment within the designated period and at the user's request for data elimination from our servers. It's important to distinguish that account suspension is a temporary measure, offering users a grace period to rectify their payment status without losing their data or service access.

Criteria for VPS Disqualification

Your VPS may be disqualified under the following conditions:

  • Failure to process payments due to billing issues.
  • Violation of our content and hosting rules as outlined in the Terms and Conditions.
  • Identification of account-related issues by cloudmania.net or regulatory authorities.

Disqualification leads to service suspension or termination. We encourage open communication to prevent or resolve such issues promptly.

For detailed information or assistance, feel free to contact our support team.

Acceptable Use Policy (AUP)

This Acceptable Use Policy (the "AUP") outlines the prohibited uses and acceptable practices in relation to the use of The Constant Company, LLC and its affiliates ("cloudmania.net", "us", "our")'s network of internet properties, including online platforms, websites, and applications, as well as products, materials, and online services (collectively, the "Services") by cloudmania.net's customers and users who have gained access to the Services through visiting, purchasing Services, and/or registering accounts (collectively, "You", "Customers", or "Users"). The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement with cloudmania.net, including our Terms of Service (the "Terms") to which this AUP is incorporated by reference.

Modification and Consent

The examples described in this AUP are not exhaustive. We reserve the right to modify this AUP at any time by posting a revised version on the Services. By using the Services, You consent to be bound by the terms of the latest version of this AUP. Terms not defined herein are defined in our Terms of Service. You agree to comply with this AUP and also agree to require your end Users to comply with this AUP. Violations of the AUP, including authorization or assistance to others in doing so (including your end Users), may result in the suspension or termination of your use of the Services and deletion of your Account.

Compliance and Enforcement

By engaging with the Services, you commit to adhering to this AUP and ensuring that your end Users do the same. Failure to comply may lead to actions including, but not limited to, the suspension or termination of your Services and account deletion. This document serves as a key component of our commitment to maintaining a secure and reliable online environment for all users.

100% Uptime Guarantee

cloudmania.net commits to 100% uptime as part of our SLA, which focuses on network and host availability. This SLA supplements the Hosting Terms you've accepted and is integral to our agreement.

Compensation for downtime is calculated per affected service, not on the total invoice. Downtime credits are service-specific and exclude issues with cloudmania.net's web properties, DNS, API, or control panel.

Expect exceptional reliability from our platform, with outage credits as our guarantee.

Packet Loss and Latency

While individual customer packet loss or latency isn't monitored, cloudmania.net actively oversees our network's overall performance. Should you experience packet loss above 1%, notify us, and we'll address the root cause.

Our network is designed for 0% packet loss. If you encounter such issues within cloudmania.net's reach, we're on it—outside our network, the SLA doesn't apply.

Limitations

The uptime guarantee pertains solely to network and instance operation, not software on servers. Outages from server software, configurations, attacks, or suspensions—regardless of cause—are outside this SLA. Scheduled maintenance given with 24-hour notice or essential updates under 10 minutes are also exceptions.

SLA credits are exclusive and not cumulative; multiple related issues don't yield multiple credits.

Note: cloudmania.net's Talon Cloud GPU product, given its limited availability, falls outside our SLA. However, we will endeavor to restore service swiftly after hardware failures and refund for any GPU downtime upon request.

Use of Cookies

At cloudmania.net, we employ technologies like cookies, pixel tags, local storage, and scripts to enhance user experience and improve our Website’s functionality. These are critical for optimizing our service and ensuring user engagement.

We value your privacy, so it's important for us to inform you about our cookie usage and their purpose:

  • Functional Cookies: Essential for our Website to function. They manage preferences, prevent misuse, and maintain the availability of our services.
  • Web Statistics Cookies: Help us understand visitor behavior to optimize our Website's structure and content. We may use third-party services like Google Analytics for this purpose, with IP anonymization implemented.
  • Social Media Cookies: Third-party plugins on our Website, such as social media "like" buttons, may collect data regardless of interaction.
  • Advertising Cookies: Enable targeted advertising based on user behavior and visits to our Website. They may be used by third-party advertisers to display ads for cloudmania.net products elsewhere online.
  • Cross-Device Tracking: Third-party service providers might link browsers and devices for advertising and analytical purposes, consolidating activities across your various devices.
  • Other Cookies: Include those that don’t fall under the above categories, such as those bundled via Google Tag Manager.

We strive to keep you informed and in control of your data. For more detailed information or to change your cookie preferences, please consult our full cookie policy.

How to Manage Cookies

If you prefer not to allow our Website to store cookies on your device, you have options. Adjust your browser settings to alert you before storing cookies or to reject cookies from our site or third parties. You can also delete existing cookies from your device.

Without cookies, our Website may not function as intended, possibly restricting access to certain functionalities or sections.

Remember to apply these settings to every browser and device you use, and be aware that this approach may not affect non-cookie tracking technologies.

Different browsers have different methods for managing cookies. Consult your browser's help function or follow these links for specific instructions:

Consider using software that manages cookies for you, or visit www.ghostery.com to control individual cookies on our Website. To learn more about cookies, including viewing and managing them, go to www.allaboutcookies.org.

For questions regarding our cookie usage, reach out to us via our contact page.

Policy Updates

We may update this cookie policy occasionally. Check our Website for the latest version to stay informed about our cookie practices.

I. Introduction

cloudmania.net enforces a stringent "No Spam" Policy. We do not support or engage in any form of Spam and will terminate connections with any party involved in illegal Spam activities, cooperating fully with law enforcement for prosecution.

This Policy applies to anyone affiliated with cloudmania.net, ensuring awareness and compliance.

II. Zero Tolerance for Unsolicited Email

cloudmania.net maintains a strict ban against unsolicited commercial email, "spam", beyond even federal regulations. This includes a prohibition for affiliates on bulk email promotions concerning cloudmania.net, irrespective of the method used to acquire email addresses. Violations will lead to immediate account termination and loss of any pending commissions.

We go beyond legal requirements in our fight against Spam, disallowing practices like messaging via instant messenger services, internet newsgroups, classified ads services, and any other forms of Spam.

III. Indemnification

Entities engaging in electronic mail promotion in contravention of this policy agree to indemnify cloudmania.net against any legal actions arising from such violations. The responsible party will bear the cost of legal defense as chosen by cloudmania.net.

IV. Additional Information

Instances suspected of disseminating spam will be suspended for investigation. Questions or comments regarding this policy can be sent to [email protected].

Shared Hosting Backup Policy

What is the cloudmania.net backup policy? What kinds of backups are available?

We offer complimentary backups for our customers, generated daily, weekly, and monthly. However, these backups are not guaranteed. We strongly advise all cloudmania.net customers to create and manage their own backups.

cloudmania.net does not provide redundant or mirrored backups. Courtesy backups by cloudmania.net are conducted at our discretion and are an additional service to our Terms of Service, without guarantee. We encourage customers to perform periodic backups via the provided Hosting Panel (cPanel, Plesk, Directadmin) and recommend storing these off-site on your local system. Backups are retained for a maximum of 30 days, with older backups overwritten by newer ones. It is the customer's responsibility to download backups within this timeframe if they wish to retain their data.

Note: cloudmania.net assumes no responsibility for failed backups, lost data, or data integrity. Automatic backups for sites larger than 30 gigabytes are not available, but you may create your own using SSH/Shell Access. Backups may be permanently deleted if an account's payment fails and it expires. Maintaining and safeguarding your data, including backups, is solely the customer's responsibility, and cloudmania.net will not retain data for expired or deleted accounts.

VPS Backup Policy

What is the cloudmania.net VPS backup policy? What kinds of backups are available for VPS machines?

For VPS customers, cloudmania.net offers limited backup options. Unless specifically included in your package, there is NO BACKUP GUARANTEE other than RAID 1 configuration, which is designed for real-time data mirroring but not as a substitute for backups. We strongly advise all cloudmania.net VPS customers to create and manage their own backups.

Note: cloudmania.net assumes no responsibility for failed backups, lost data, or data integrity for VPS accounts. Customers may create their own using SSH/Shell Access. Backups may be permanently deleted if an account's payment fails and it expires. The responsibility to maintain and safeguard data, including backups, rests solely with the customer, and cloudmania.net will not retain data for expired or deleted VPS accounts.

Domain Registration Agreement

This Domain Registration Agreement ("Agreement") is between you, the person or entity registering a domain or domains through cloudmania.net, and cloudmania.net, the domain registration service provider. By registering a domain with cloudmania.net, you agree to be bound by this Agreement, along with any related policies and agreements made available to you.

1. Registration

You represent and warrant that all information provided in connection with your domain registration is accurate, complete, and current. You are responsible for updating this information to keep it true and accurate.

2. Compliance

You agree to comply with all applicable laws, regulations, and policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and any relevant domain name registries.

3. Use of Domain

You agree not to use the registered domain for any unlawful purpose, including but not limited to spamming, infringement of intellectual property, or spreading malware.

4. Renewal and Expiration

It is your responsibility to ensure that your domain is renewed. cloudmania.net will attempt to provide notice of domain expiration, but it is your responsibility to keep track of renewal dates. Failure to renew a domain by the expiration date may result in loss of the domain.

5. Fees and Payments

All fees for domain registration, renewal, or any services related to your domain must be paid on time. Non-payment may result in suspension or cancellation of your domain registration.

6. Dispute Resolution

Any disputes concerning your domain registration will be subject to the rules and policies established by ICANN, the relevant domain name registry, and cloudmania.net's Dispute Resolution Policy.

7. Modifications

cloudmania.net reserves the right to modify this Agreement at any time, with any such changes becoming effective upon posting on cloudmania.net's website.

Contact Us

If you have any questions about this Agreement or your domain registration, please contact us at [email protected].

Hosting Service Agreement

This Hosting Service Agreement ("Agreement") is between the subscriber ("Client" or "You") and cloudmania.net ("Provider," "We," or "Us"), to govern the use of hosting services provided by cloudmania.net.

1. Services Provided

We agree to provide high-quality hosting services as described on our website and selected by You during the ordering process. Services include, but are not limited to, website hosting, VPS hosting, dedicated servers, and related technical support.

2. Term and Renewal

This Agreement commences on the date of your purchase and continues until terminated by either party. Services are provided on a subscription basis, with renewal terms automatically extending the service period unless canceled by You prior to the renewal date.

3. Use of Services

You agree to use the hosting services in compliance with applicable laws, this Agreement, and our Acceptable Use Policy. You are responsible for the activities and content on your hosted account, including compliance with intellectual property laws.

4. Payment Terms

Fees for the hosting services are due in advance of the billing cycle selected by You. Failure to pay by the due date may result in suspension or termination of services. All fees are non-refundable except as expressly provided in this Agreement.

5. Service Level Agreement (SLA)

We commit to a service uptime guarantee as outlined in our SLA. Should we fail to meet this guarantee, You may be eligible for service credits in accordance with the SLA terms.

6. Support Services

Technical support is provided to You at no additional charge for issues related to the hosting environment. Support for issues beyond our control or requiring extensive support may be subject to additional fees.

7. Backup and Data Loss

Your use of the services is at your sole risk. cloudmania.net is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on cloudmania.net servers.

8. Cancellation and Termination

You may cancel the hosting services at any time. Upon cancellation, you are obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. cloudmania.net reserves the right to terminate this Agreement for violation of its policies.

9. Modifications to Terms

cloudmania.net reserves the right to modify the terms and conditions of this Agreement or its policies relating to the services at any time, effective upon posting of an updated version of this Agreement on the service. Your continued use of the services after any such changes shall constitute your consent to such changes.

10. Limitation of Liability

cloudmania.net shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of the hosting services or for any other claim related in any way to your use of the hosting services.

Contact Information

For any questions regarding this Agreement or the services provided, please contact cloudmania.net support at [email protected].

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