Cloudywebs.com as part of Webhostcreator.com have the next T.O.S
TOS #1: Webhostcreator.com & Cloudywebs.com.
Provides web hosting, Web Design services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of Webhostcreator.com are subject to the following terms of service:
TOS#2: Indemnification Policy.
You agree to use all Webhostcreator.com & Cloudywebs services and facilities at your own risk. Webhostcreator.com & Cloudywebs specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Webhostcreator.com & Cloudywebs be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Webhostcreator.com & Cloudywebs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Webhostcreator.com, Cloudywebs 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 Webhostcreator.com & Cloudywebs against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with Webhostcreator.com & Cloudywebs servers. Webhostcreator.com & Cloudywebs reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Webhostcreator.com & Cloudywebs servers. Webhostcreator.com & Cloudywebs shall be the sole judge of what violates this Policy.
TOS#3: Billing, Cancellation and Refund Policy
As a customer of Webhostcreator.com & Cloudywebs you agree to submit or supply a payment for the rendered services in advance, on the billing date set by Webhostcreator & Cloudywebs .If recurring payment option is accepted you must notify Webhostcreator.com & Cloudywebs at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges.
TOS#4: Free Domain Name and Renewal.
Webhostcreator.com & Cloudywebs do NOT sell Domain Names, When any services offer a Free Domain Name mean Webhostcreator.com & Cloudywebs will buy the Domain Name from a thirtd Proveedor and will do all necessary to give the free Domain Name to any account offered if the Domain Name is available. If the client buy a Plan offering Free Domain Name can be Renewal for the next year only if the Customer Renew the Annual Service from Webhostcreator.com or Cloudywebs.com.
TOS#5: 30 Days Money Back Guarantee.
Webhostcreator.com & Cloudywebs provides a 30 day money back guarantee for new account registrations (refunds for renewed accounts are not available) under these following conditions:
In the event of an account cancellation before first 30 days of Registration (except the event where the client has registered a Web Design Service, Android App. Service & Free Domain Name Service) Receive full refund for any Web Hosting Services package.
Fees which were initially paid by Webhostcreator.com & Cloudywebs for the domain name offered for free are not refundable and will be deducted from the total refund that is sent to the subscriber. Such fees for the domain name registration are fixed to $14.95. If the subscriber submitted an initial payment smaller than $14.95, then a refund is not available. Webhostcreator.com & Cloudywebs will not hold the subscriber accountable for the difference from his initial payment and $14.95, if the subscriber’s initial payment was less than $14.95.
Subscribers may cancel the account at any time. All subscribers who cancel the accounts after 30 days of the initial payment are not subject to a full refund and all such requests will be denied.
If customers pay for a web design Service or Android development and cancel the service before the first 30 days 50% plus Domain Name fees will be deducted from the customer Refund total payment.
To be eligible for 30 days money back guarantee customer must submit a request for cancellation of the account through our support ticket located on the bottom of each of our pages or on top of our HOMEPAGE before the first 30 days of service. Cancellation request will be revised by Webhostcreator.com & Cloudywebs staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from Webhostcreator.com & Cloudywebs servers.
When a customer is applicable to this guarantee the money will be returned within 30 days after the customer has received our confirmation of the account cancellation.
Webhostcreator.com offer 30 days refund for Website Hosting packages when customer paid for the service from our website (www.webhostcreator.com & Cloudywebs.com ).
30 days refund do not apply for Website Design, Radio Stream or any other Service that the client has paid entirely by an external website where we offer our services.
TOS#6: Chargeback Policy:
If a subscriber issues a chargeback before following the regular cancellation procedure, Webhostcreator.com & Cloudywebs reserves a full right to disable the respectable account instantly for security reasons. If the subscriber wishes to reactivate the respectable account, he will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for Webhostcreator & Cloudywebs subscribers are fixed to $50 for each chargeback he has issued.
TOS#7: Payment Methods:
Webhostcreator.com & Cloudywebs use Paypal payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her Paypal account. Webhostcreator.com & Cloudywebs accepts payments from Verifed and from Unverified Paypal accounts, which generally means that the client may either use the funds on the credit / debit card attached to Paypal (verified paypal) or the balance on his PayPal account (Unverified) to submit the payment for the services provided by Webhostcreator.com & Cloudywebs. Please mind that The funds on client Unverified Paypal account will need to be converted from any other currency to US dollar currency prior to submitting a payment.
TOS#8: Fraudulent Payment Policy:
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then Webhostcreator & Cloudywebs reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent Webhostcreator & Cloudywebs reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.
TOS#9: Late Payment Policy.
All accounts have up to 7 days for Payments or Renewals, Subscriber will receive notifications if there is any action to be taken on his respectable account.
Expired Account with 5 days apply $10.00 fee for reactivation (note this fee is charge because we do reactivation of all files manually) we recommend do not let your account expire.
All accounts after 15 days expired our system automatically cleans our servers and deletes all data from the customer’s account it includes cPanel, Customer Account details or any other files, we understand if client do not renew or pay the invoice he/she do not want or need our services . We do not save any file of expired accounts everything will be deleted from our servers.
TOS#10: Account Access Policy:
When a client registers any type of account with Webhostcreator.com & Cloudywebs , the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Webhostcreator.com & Cloudywebs will assume all of this information is provided correctly and may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment ID’s). claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment ID’s on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.
Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against Webhostcreator & Cloudywebs arising out of this said policy and procedure. Webhostcreator.com & Cloudywebs will not be held liable for any damage or liability that may have arise out of following policy and procedure.
Webhostcreator.com & Cloudywebs reserves the right to Cancel customers accounts and delete all data hosted, who use violence, racism or words that may offend any of our employees or representatives THROUGH our technical support services this is a reason to stop and suspend any account or service with or without prior notification.
In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the Webhostcreator & Cloudywebs policy and procedures, then Webhostcreator & Cloudywebs is not obligated to provide access to any of the parties. Also, Webhostcreator & Cloudywebs is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.
Webhostcreator & Cloudywebs have all rights to cancel any cpanel hosting OR SERVICE if we think or WE RECEIVE messages that offend any of our employees or company, we are here to help on the right way.
Webhostcreator.com & Cloudywebs will not share any of it’s client personal information to any third parties not related to Webhostcreator.com & Cloudywebs Some of the client data may be forwarded on the following exceptions:
Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Additional Service providers (Website Builder, Cloudflare, cPanel, Attracta, Trendybuilder). Webhostcreator & Cloudywebs will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to Webhostcreator.com & Cloudywebs clients, however no client information will be sent to third-parties not related to Webhostcreator & Cloudywebs services.
Certain services provided by Webhostcreator.com are resold. Thus, certain equipment, routing, software, and programming used by Webhostcreator.com & Cloudywebs are not directly owned or written by Webhostcreator.com & Cloudywebs . Webhostcreator.com & Cloudywebs shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. Webhostcreator.com & Cloudywebs will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by Webhostcreator.com & Cloudywebs and will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
TOS#12: Unlimited” Usage Policy:
Webhostcreator.com & Cloudywebs offers some of it’s hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that Webhostcreator & Cloudywebs will not set a specific cap for these resources and client will be able to use these resources as needed, however Webhostcreator & Cloudywebs does use a fair usage policy which applies to all accounts. Webhostcreator & Cloudywebs Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
By the term “Unlimited Space” Webhostcreator & Cloudywebs means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Webhostcreator & Cloudywebs reserves the right to remove such files from the user account with or without notice to the client. Webhostcreator & Cloudywebs also reserves the right to remove any single files larger than 5GB from the user account regardless of the content of the file with or without notice to the client. Webhostcreator & Cloudywebs also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on Webhostcreator & Cloudywebs accounts, if there are more than 250.000 files on a single account, with or without notice to the client. Webhostcreator & Cloudywebs also reserves the right to disable the account which holds more than 250.000 files until the relevant shared OR VPS hosting account is upgraded.
TOS#13: Android App. Development
In order to provide and create an Android App.
1- App. Name ( could be your website name 10 of 30 characters )
2- Short App. Description (51 of 80 characters)
3- Full App or Website Description (up to 4000 characters)
4- App Category (what is your website about)
5- Distribution Countries. ( countries that you want to allow users to download your app. from)
-Buyer agree Android App.Maintenance fee $34.50 yearly that includes:
Check the Android App. periodically to verify that is running in good condition, any Google report (Crashes & ANRs Application not responding Errors) we’ll fix it with not additional cost.
– App. files are property of our company, we are the developers, any case buyer need files and move to other provider buyer is allowed to buy the complete App. Files package (Material Design, Icon, apk software files)
TOS#14: Website Design & Profitable Websites.
Buyer is Free to transfer the site after the specified months of free hosting or renew hosting with us.
In order to guarantee our work, we do not design in external hosting, We are Hosting provider and the website already included free hosting, read service description.
As intangible product returns are not accepted. We’ll design the website as show on our demos (for Profitable Websites) or under your requirement (for Website Design Service packages)
-Pictures and video of our work will be taken as a proof of our delivered service if need it.
Webhostcreator.com & Cloudywebs do not create any backups of customer accounts for security reasons. Each client can do this from their own cPanel. Webhostcreator & Cloudywebs is not responsible for any loss of any subscriber data.
Webhostcreator.com & Cloudywebs is not responsible for any information that is stored on our servers if a customer’s account was suspended for any failure to our Terms of Service, all information is delete and removed from our servers. All our customers agree that www.webhostcreator.com & Cloudywebs do not offer any type of backups for security reasons. We provide the tool for each of our customers to make your backups at any time 24/7 from their respective hosting panel and are responsible for their website information.
TOS#16: Acceptable Use Policy:
All services provided by Webhostcreator.com & Cloudywebs may 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Webhostcreator & Cloudywebs and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Webhostcreator.com & Cloudywebs reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’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 the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
TOS#17: CGI Scripts:
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however Webhostcreator & Cloudywebs reserves the right to disable any CGI script that effects normal server operation without prior warning.
TOS#18: Banned Scripts or website types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, Webhostcreator & Cloudywebs reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then Webhostcreator & Cloudywebs will inform the client about the abusive content, also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
IRC scripts, eggdrops, bots
Proxy server scripts (also any other script which operates as proxy)
Mail bomber and spam scripts
IP spoofers and port scanners
Pirated Software or any form of warez
Image Hosting Scripts (like imgur or Photobucket)
AutoSurf site scripts
PPC site scripts
PTC site scripts
Bruteforce Programs or scripts
File sharing, dump and mirroring service scripts (like mega, rapidshare)
Top sites generator scripts
Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
Sites distributing copyrighted content without proper licenses
Hacker programs, credit card dumps, hacker focused sites
Forums distributing warez or any other illegal content
Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
Child pornography (If Webhostcreator & Cloudywebs is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)
Any kind of abusive content found on our servers should be reported to firstname.lastname@example.org. Webhostcreator & Cloudywebs will handle any abuse report with the highest priority and interest. Webhostcreator.com will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.
TOS#19: Commercial Advertising and Spam E-mails:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your c-Panel hosting penalty for spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
TOS#20: LIMITATION OF LIABILITY:
Webhostcreator.com & Cloudywebs shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Webhostcreator & Cloudywebs servers going off-line or being unavailable for any reason whatsoever. Furthermore, Webhostcreator.com & Cloudywebs shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Webhostcreator & Cloudywebs servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@Webhostcreator.com. All complaints will be investigated promptly.
Webhostcreator.com & Cloudywebs intends to provide the best possible web hosting service to each of its clients. Webhostcreator & Cloudywebs shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, Webhostcreator & Cloudywebs cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, Webhostcreator.com & Cloudywebs will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by Webhostcreator & Cloudywebs.
Webhostcreator.com & Cloudywebs retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.