Upon activation of your account with cirrushosting.com, OC1-CIRRUS LLC hereinafter referred to as (“Cirrus Hosting”), this agreement becomes active and will become void once the account with the Cirrus Hosting is terminated.
Cirrus Hosting services may only be used for lawful purposes
Transmitting, Storage, or Distribution of any information, data or material in violation of Canada’s Federal, Provincial and local regulation or law, or by the common law, is prohibited. This includes, but is not limited to copyright, trademark, trade secret, or any other statue. Cirrus Hosting reserves the right to remove the infringing data from its server along with the account at our discretion. Cirrus Hosting forbids anyone using our servers to distribute, store or transmit obscene or pornographic material, or any other material which Cirrus Hosting determines unacceptable.
This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Cirrus Hosting management. Regardless of the place of signing this agreement, the customer agrees that for purposes of venue this contract was entered into in Toronto, Ontario, and any dispute will be litigated or arbitrated in Toronto, Ontario, Canada. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Toronto Region courts.
Ethical E-mail Usage (SPAM)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation.
See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense, your mail will be disabled for 72 hours.
Upon your second Spam offense, your entire subscription will be disabled for 72 hours and you will be fined $100.00 per sent Spam.
Upon your third offense, your account with Cirrus Hosting will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.
Adult Content
Cirrus Hosting strictly prohibits the storage and distribution of Adult Content. This includes, but is not limited to softcore pornography, hardcore pornography, or anything else which may be deemed legal viewing only for users 18 or older. Users found distributing content of this nature will have their accounts terminated at the discretion of the management.
Torrent Content
Cirrus Hosting strictly prohibits the storage and distribution of, or linking to, Torrents or Torrent sites.
Web Space (Shared Hosting & Bulk/Reseller Hosting ONLY)
The webspace provided to you on Cirrus Hosting’s shared hosting and bulk/reseller hosting plans is strictly for hosting conventional websites, not for web storage. You shall at all times use Web Site Space exclusively as a conventional Web Site. Accounts using these plans for Web Storage purposes and not solely for website content will be suspended.
Server Restrictions
Customers using our services may not use excessive resources including CPU, Memory, and Bandwidth. Customers are also not allowed to run background processes or daemons on our server. Customers found doing so without previous authorization will have their accounts deleted. Accounts using excessive resources, damaging Cirrus Hosting’s servers in any way, or otherwise infringing other users’ abilities, will have their accounts terminated. Bandwidth over-usage fees will be billed to the customer’s account on a per GB traffic over-usage basis.
Network Security
Customers may not use the Cirrus Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.
Customers may not attempt to interfere with or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Cirrus Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
IP Address Ownership
Cirrus Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Cirrus Hosting and Cirrus Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Intellectual Property Rights
Material accessible to you through Cirrus Hosting’s services may be subject to protection under the Canada & United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Cirrus Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Cirrus Hosting network. If you use a domain name in connection with Cirrus Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Domain Whois Privacy Service
Right to Suspend and Disable. Cirrus shall have the right, at our sole discretion and without liability to the customer or any of customer contacts, to suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon Cirrus; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs.
The customer understands and agrees that, in the event that we receive a formal complaint, a notice of claim or UDRP, that Cirrus will have the right to disable the Whois Privacy Service pending final disposition of the matter.
Data Backups
The customer is responsible for all data backups. If a server suffers from a data loss, it is the sole responsibility of the customer to restore the data. Also you cannot use server for storing backup files so you should always download backup files off the server as these files may be deleted automatically without warning.
Technical Support Scope
Cirrus Hosting will provide technical support relating to the Hosting Services via its trouble ticket system. The trouble tickets are answered 24/7/365. The trouble ticket system can be accessed by: (i) logging into your account via www.cirrushosting.com ; or (ii) email or (iii) Regular Phone Support 24/7. The email address and the telephone number that you should use are set out on our website, https://www.cirrushosting.com/support-cirrus-tech.html .
The scope of our technical support is primarily limited to the functionalities within the Plesk Control Panel in addition to hardware and Cirrus Hosting network-related issues. Support issues that require Cirrus Hosting technicians to login to SSH or Remote Desktop (Terminal Services) to customers’ Dedicated Servers, VPS’s or VM’S, modifications of customers’ hosted custom application, or troubleshooting of customer’s code, are out of the scope of our support.
For additional support beyond our technical support scope as explained above, Cirrus Hosting customers must subscribe to a management plan or pay for additional hourly support fees at $75 / Hour (Regular Business Hours EST). Click HERE for our Server Management Plans.
NOTE: Cirrus Hosting Support Technicians reserve the right to provide additional support on a per case basis. Cirrus Hosting provides no guarantees that issues beyond the scope of technical support will be resolved for customers subscribing to management plans or additional support hours. Cirrus Hosting will not be able to provide additional support if customers’ dedicated server, VPS or VM’s operating system is inaccessible or the support issue is beyond the capability of our senior technicians.
Renewals
By default customer accounts paid by Credit Card are set to auto-renew to avoid suspension of services by the automated provisioning system or lose sensitive data and domains ownership. Customers can change the renewal settings on the account through their control panel or by contacting Billing Department to disable auto-renewal settings, if preferred otherwise. No refunds are issued for renewals (see Refunds).
Changing Subscriptions
The Customer has the right to switch plans at any time during the duration of their subscription. A credit for the unused portion of the subscription can be applied by Cirrus Hosting towards the acquisition of a new subscription. If the switch is determined as a downgrade by Cirrus Hosting an administrative fee will be applied to change plans. Customers will not be refunded for any difference between the price of the new subscription and the old subscription(s). Any balance will be left on the customer’s account as a credit to be used for subscription renewals or future subscription purchases.
Payment Policy
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Cirrus Hosting reserves the right to change prices at any time, unless other terms have been agreed upon.
Cirrus Hosting will provide email notifications for upcoming renewals 7 days prior to the due date.
Any account not brought current by due date or exceeding this time frame in any way is subject to suspension. For resellers and partners, if ANY of your accounts are in the arrears, Cirrus Hosting reserves the right to disable all of your customers and your entire reseller portfolio. The customer is responsible for all money owed on the account from the time it was established to the time. Cirrus Hosting will bill each Customer $35 per returned check, per wire transfer received and per credit card charge-back received.
Refunds
Cirrus Hosting will fully refund the designated amount as determined by Cirrus Hosting’s billing department, for new subscriptions that have not violated our Terms of Service and that have not passed the 30-day full money-back guarantee period.
The 30-day full money-back guarantee period only applies to new subscriptions on a 3-month or greater subscription period. 30-day full money-back guarantee period DOES NOT apply to VPS/VM’s, Dedicated Servers, upgrades/add-ons to Existing Subscriptions, Domain Registrations, SSL Certificates, Subscription Renewals.
NOTE: Absolutely NO refunds will be issued on renewal orders if Customer has not requested termination of services within 7 days from the time the automatic renewal has been processed.
Cancellation By Cirrus Hosting
Cirrus Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Cirrus Hosting if Cirrus Hosting institutes its right of cancellation. Any violation of policies that results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Cancellation by Customers with a signed Agreement
If the Customer decides to cancel the Services, and are still within the terms of their signed agreement the Customer shall pay Cirrus Hosting an amount equal to the total cumulative amount of fifty (50%) percent of the monthly fees for the Services to the end of the Term.
Cirrus Hosting is not responsible for the content distributed through our customers’ websites and will not be held liable for such. Cirrus Hosting makes no warranties of any kind, expressed or implied, for services we provide. Cirrus Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cirrus Hosting and its employees.
Assignment
Neither party may assign this agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of the other party. However, Provider may assign or otherwise transfer its rights, interests and obligations under this agreement without your consent in the event of a change in control of 50% or more of the equity of Provider, the sale of substantially all the assets of Provider, or the restructuring or reorganization of Provider or its affiliate entities. In addition, unless otherwise agreed, we may contract with third parties to deliver some or all of the Services, and no such third-party contract is to be interpreted as an assignment of this agreement. However, we will use commercially reasonable efforts to ensure that any and all such third parties abide by all of the terms of this agreement, and, except as otherwise agreed, we will remain solely responsible for the fulfillment of all of our obligations under this agreement. This agreement is binding upon the parties, their successors and permitted assigns.
Disclaimer
Cirrus Hosting reserves the right to list Cirrus Hosting customer names and company logos on the Cirrus Hosting website and/or marketing materials. Customers may ask their name to be removed from the Cirrus Hosting website and marketing material at any time by emailing sales@cirrushosting.com.
Cirrus Hosting reserves the right to deny new accounts to anyone deemed a risk by the staff. Cirrus Hosting reserves the right to revise its policies and prices at any time without prior notification, effective on the date of posting. Cirrus Hosting may not notify the customer of the change, however it is the customers responsibility to frequently check back to ensure they are up to date with the policy. By using our services, and agreeing to the Terms of Service (“ToS”), you agree to abide by the ToS as modified from time to time.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CIRRUS HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST CIRRUS HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CIRRUS HOSTING. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CIRRUS HOSTING.’S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM CIRRUS HOSTING’S SERVER.
