Welcome to Cloudmania.net

This document serves as our Terms of Use Agreement, which governs your access to and use of Cloudmania.net, including any content, functionality, and services offered on or through our website or associated services (collectively, "the Services").

By engaging with Cloudmania.net, you accept these Terms of Service. These guidelines are designed to ensure a secure and reliable experience for all users, detailing your obligations regarding account security and data protection, your entitlements concerning order cancellations and refunds, and our commitment to providing consistent uptime and support. Additionally, this Agreement covers our intellectual property policies, procedures for DMCA notices, and other general terms.

Please take the time to read through this Agreement carefully before accessing Cloudmania.net and its Services. By using the website, you signify your agreement to these Terms.

1. Terms Application

Your interaction with Cloudmania.net and the Services we provide may be subject to varying terms based on how you use them. We reserve the right to modify these Terms as needed, with a commitment to provide at least 30 days’ notice before any significant changes take effect. The definition of what constitutes a significant change is at our discretion. Should you continue to use the Services after an update, you agree to the revised Terms.

If at any point you find yourself in disagreement with the Terms, it is required that you stop using the Services immediately and inform us of your intention to terminate this Agreement. Should there be any legal obligations to adhere to the Terms post-termination, we retain the right to enforce compliance.

2. Privacy, Security, and Account Management

By agreeing to this Terms of Use Agreement, you acknowledge that the operation of Cloudmania.net and its Services complies with our Privacy Policy. We securely store data related to the Services in locations including the United States, the United Kingdom, Germany, and the Netherlands, taking necessary measures to protect your personal data. Nonetheless, you bear responsibility for any personal data you choose to share while using the Services not directly requested or collected by us.

It is your responsibility to safeguard the access credentials for the Services and to be accountable for any activities conducted under your account, irrespective of whether the credentials are for our Services or those of a third party. Disclosing your password to third parties is strictly prohibited.

Immediate notification to us is required upon your awareness of any security breach or unauthorized account activity, allowing us to take appropriate steps in response. You are also obligated to mitigate any potential damage or loss resulting from such incidents.

Maintaining your data through local or remote backup systems, separate from our servers or equipment, is a critical responsibility. Despite offering backup services, we do not guarantee the recovery of any lost files or data, in line with our Disclaimers & Limitation of Liability section.

Account integrity, including the provision of accurate, complete, and up-to-date information, is essential. Failure to maintain accurate account information may lead to immediate service termination.

2.1 - Subscriptions and Cancellations

(a) Subscriptions: Your Subscription or commencement of the Services will start upon our confirmation to You or receipt of lawful funds, whichever is earlier. The initial term length of the Subscription is selected by You and will be indicated at the time of subscribing to Our Services. Except for a breach by cloudmania.net, the Subscription cannot be terminated by You during the Initial Term and any subsequent renewals. After the Initial Term, the Subscription will automatically renew for successive terms of equal length unless terminated by either party as outlined.

(b) Pricing: cloudmania.net reserves the right to change Subscription prices at any time, and will not provide price protection or refunds in the case of promotions or price decreases. Price changes will take effect after the expiration or termination of your current Subscription. Future services provided by cloudmania.net after the termination of your Subscription will be priced independently of any prior terms. You are responsible for checking for any changes in plans or prices. Subscription upgrades or downgrades must be requested by You and may result in changes to your Fees or require a re-initiation of service with Us.

(c) AUTOMATIC RENEWAL TERMS: To ensure uninterrupted service, each paid Subscription includes automatic renewal terms. cloudmania.net will renew your Subscription on the anniversary of the initial Subscription charge, and will charge your Account with the applicable fees unless you cancel prior to the anniversary date. Renewal periods are consistent with the prior Subscription Term, unless otherwise agreed. CANCELLING YOUR SUBSCRIPTION will result in termination of Services after the current Subscription Term ends.

(d) CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, and such cancellation will take effect after the current Subscription Term. You understand Subscription fees are non-refundable, except as required by law. No pro-rated refunds will be provided for any unused portion of the Subscription term. For assistance with cancellation issues, please contact [email protected].

3. Transactions and Financial Policies

3.1 - Placing Orders

When you decide to purchase any of our products or services, we'll need some details from you like your name, email, and billing information. If payments are processed through a third party (e.g., BitPay, PayPal), your payment information will be handled by them.

You affirm that you are legally authorized to use the payment methods you provide and that all information you submit is accurate. We may share your information with third parties to facilitate your order.

We reserve the right to cancel orders for reasons including, but not limited to, lack of availability, pricing or description errors, or suspected fraud.

3.2 - Payment Terms

Invoices are issued at the start of each month for the prior month's service usage. You have 14 days from the invoice date to settle your bill. Unpaid invoices after 14 days may lead to service suspension, and after 27 days, service termination. We advise keeping up with payments to avoid data loss.

3.3 - Cancellation Policy

Accounts may be cancelled by us without notice. In some cases, a pro-rata refund may be offered. You can cancel non-SLA products and services anytime without a notice period, paying only for the time used. SLA-based services require a 30-day notice for cancellation.

3.4 - Account Termination and Refunds

Your account may be terminated or suspended by us immediately for any breach of terms, with no prior notice or liability, and no entitlement to a refund.

To terminate your account, notify us and wait for confirmation before discontinuing service use.

3.5 - Refund Policy

Our 7-day money-back guarantee allows for a full refund if you're unsatisfied within the first week of service, subject to handling costs up to $10. This is applicable only to your first purchase.

4. Engaging in Promotions

Engage in our exciting contests, sweepstakes, and various promotions ("Promotions") with the understanding that these may follow rules distinct from our general Terms. We encourage you to familiarize yourself with these specific rules alongside our Privacy Policy. Should discrepancies arise between Promotion rules and our general Terms, the specific rules of the Promotion will take precedence. Notably, post-trial periods within Promotions may activate automatic billing.

5. Service Excellence: Availability, Uptime, and Support

5.1 - Continuous Service Enhancement

Our commitment to enhancing your experience means we regularly update our product and service offerings. Despite our efforts, discrepancies in pricing, descriptions, or availability may occur, and updates to our Service and external advertisements might be delayed. While accuracy is our goal, we cannot guarantee the complete reliability of the information provided, including pricing and service specifications. We reserve the right to amend or correct information without notice, aligning with our refund policy for your convenience.

5.2 - Commitment to Uptime

Our goal is to achieve 100% uptime for our Services, employing our utmost efforts to maintain service continuity for our users.

5.3 - Dedicated Support

Reach out to our support team through website chat or email for assistance primarily with hardware and network issues. For those subscribed to specific Service Level Agreements (SLAs), our team will also address related technical inquiries. Our support services are available around the clock, every day of the year, ensuring we're here when you need us.

6. Upholding a Safe and Fair Code of Conduct

By agreeing to our Terms, you commit to our Code of Conduct, designed to safeguard our community against harmful or unsafe practices. This code supports the responsible use of our Services, prohibiting illegal activities such as copyright infringement, distribution of unauthorized software, or any forms of internet abuse like spamming and threatening behavior.

We enforce a strict policy against abuse and spam, actively investigating and addressing such issues to maintain a secure environment. You are expected to comply with data protection laws, avoid overloading our systems, and respect fair usage standards to ensure a positive experience for all users.

Violations of our service guidelines may result in immediate termination of your account without refund, and you may be held liable for any damages incurred. Our aim is to foster a respectful and law-abiding community for everyone involved.

7. Legal Disclaimers and Limitations on Liability

Under applicable laws, our liability is significantly limited. We explicitly disclaim all implied warranties, such as those of merchantability, suitability for a specific purpose, data accuracy, and non-infringement of rights. Our services are provided on an "as is" basis, without guarantees of uninterrupted or error-free operation. It's important to note that some jurisdictions do not allow the disavowal of certain warranties, meaning these disclaimers may not apply universally.

In line with legal permissions, our responsibility for damages, whether direct or indirect, including but not limited to loss of data, profit, reputation, or any other intangible losses arising from the use of our services, shall not exceed the lesser of five times the most recent fee you've paid for any premium service or USD 5,000. This cap on liability is a cornerstone of our agreement with you and applies to all forms of legal claims.

Please be aware, some jurisdictions do not allow limitations on certain types of liability, so this may not fully apply to you.

8. Navigation to External Resources

Our services may guide you to websites or platforms outside our control or ownership. We are not accountable for the content, privacy practices, or overall policies of these external entities. We encourage you to thoroughly review their terms, conditions, and privacy statements. Your interactions with these external resources are at your own risk, acknowledging that we bear no liability for any resulting harm or losses.

9. Protecting Intellectual Property

All original content, features, and functionality of our services are exclusively ours, safeguarded by U.S. copyright laws, trademark regulations, and relevant EU legislation. Our intellectual property, including trademarks and trade dress, cannot be employed in connection with any product or service without our explicit prior written consent.

10. Reporting Copyright Infringements (DMCA Policy)

As mandated by the Digital Millennium Copyright Act (DMCA), we acknowledge the right of copyright owners to protect their work. If you believe your copyright has been infringed upon on our servers, please reach out to us with a detailed DMCA notice.

Email your DMCA notices to [email protected] including:

• Your complete contact information (name, telephone number, address, and email).
• Evidence of your copyright or authorization to act on the copyright owner's behalf.
• The exact location of the infringing content (website or IP address).
• Your specific concerns or reasons for the infringement claim.

Upon receipt of a valid claim, we will initiate our compliance process, which includes notifying the alleged infringer and, if necessary, suspending the service in question for non-compliance.

11. Comprehensive Terms and Conditions

11.1 - Legal Governance and Jurisdiction

These Terms are governed by the laws of the United States, without conflict of laws principles. You agree to the exclusive jurisdiction of U.S. courts for any disputes arising under this Agreement.

11.2 - Rights and Waivers

Failure by us to enforce any rights under these Terms does not constitute a waiver of such rights or provisions.

11.3 - Beyond Our Control

We are not liable for failures or delays in service due to events beyond our reasonable control, including but not limited to governmental actions, natural disasters, or changes in the global political climate.

11.4 - Validity of Terms

If any part of these Terms is found to be unenforceable, the remainder continues to be in full effect.

11.5 - The Entire Agreement

This document represents the full agreement between you and us, superseding any previous agreements regarding our Service.

11.6 - Communication and Notices

For inquiries or notices, please contact us via email at [email protected]. We commit to responding promptly and effectively.