By accessing our services, you agree to abide by our terms and conditions. Please read them carefully before proceeding further.

Customers agree when using, or accessing CloudAfra services that the terms and conditions of this policy will be met:

User agrees to use the service in a manner consistent with any and all applicable laws. If this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, CloudAfra reserves the right to cooperate with all or law enforcement agency.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Users agree to follow the Acceptable Use Policy of each connected network user, including the CloudAfra system.

Neither CloudAfra nor its Information Providers are responsible for any damage arising from the User's use of CloudAfra or from the User's incapacity. to use CloudAfra services.

1. Terms of Service

Welcome to Cloudafra! By using our services, you agree to comply with and be bound by the following terms and conditions. Please review these terms carefully.

1.1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to our site (the "Site") and our services, including Windows VPS and Linux VPS. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site.

1.2. Use of Services

Our services are available to legal entities and individuals who are at least 18 years old. By using our services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into this Agreement. You agree to provide accurate and complete information when creating an account with us and to keep this information updated.

1.3. Service Availability

We aim to provide continuous service, but we do not guarantee that our services will be available at all times. We may experience hardware, software, or other technical issues or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss or damage caused by your inability to access or use the services during any downtime or discontinuance of the services.

1.4. Hosting

  1. The user hereby agrees that any material submitted for publication on CloudAfra via the user's account does not infringe or violate any copyright, such as trademark, patent, statutory, common law, or other proprietary right, or contain anything that indecent or defamatory. Users may not host adult content (porn sites), gambling, phishing, illegal transactions on our shared hosting. Software intended to facilitate such infringement or infringement may not be stored on CloudAfra.
  2. Violations of the following "netiquette" are grounds for immediate suspension of service pending investigation by CloudAfra and will result in termination of accounts determined by the investigation to be the origin or transmission of this type of traffic. Posting one article or substantially similar articles to a large number of newsgroups (i.e., 20 or more) or continuing to post articles that are off-topic (i.e., off-topic according to the newsgroup charter or article triggers complaints from regular readers of the newsgroup because in off topic). Sending unsolicited mass emails that provoke complaints from recipients.
  3. Engaging in any of the above from a provider other than CloudAfra and using an account on CloudAfra as a mailer for responses, or advertise websites hosted on CloudAfra.
  4. Continuous harassment of another individual on the Internet after requests to stop by the individual and by CloudAfra. Impersonate another user or spoof one's username in e-mail, Usenet postings, on IRC, or with other Internet services. (This does not prevent use of nicknames on IRC or use of anonymous remailer services.)
  5. CloudAfra prohibits IRC and related programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks or flood threats, harassing, or obscene content and any proxies that do not require authentication, including open email proxies, unprotected anonymous web browsing proxies.
  6. Users whose accounts are terminated due to the above violations are also responsible for labor costs for cleanup and responding to resulting complaints by CloudAfra.
  7. Users agree not to use excessive amounts of resources. Any violations may result in us taking corrective action to maintain server stability by shutting everything down processing, deactivating and/or suspending your account.
  8. Users may not use more than 100% CPU of 1 CPU Core and usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO - Read & write operations, no more than 100 NPROC - Processes or no more than 20 Incoming Processes. Cron jobs should not be run more than once every 30 minutes unless specified by the script provider and will be increased to 15 or more. Each user account may not send more than 300 emails per hour.
  9. If it is determined that a customer's account is excessively using system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting in problems for other valued customers. If it is determined that the account is not suitable for a shared server or reseller environment, a notification will be sent to the customer providing them with an alternative solution or such as a high resource Premium Hosting Plan, VPS or Dedicated Server. CloudAfra will be the sole arbiter of what constitutes a violation of these terms and CloudAfra reserves the right to make adjustments to these limits at our sole discretion.
  10. All dedicated servers and virtual private servers are installed on hundreds of mbps shared bandwidth ports, unless the service is sold as a specific port size or specified/requested as a closed port. CloudAfra reserves the right to monitor network usage, and if the service significantly exceeds average usage, to limit available speeds to conserve network resources. This generally does not include short spikes in usage, but will include, but is not limited to, continuous transfers with much greater than average amounts of bandwidth. If at any time there is a client's data transfer speed that affects other CloudAfra clients, CloudAfra reserves the right to limit the service causing such problems.
  11. CloudAfra performs daily or daily and weekly backups on all our servers to ensure important files are never lost. Our daily and weekly backups are created for accounts under 20GB and 150,000 Inodes. This limitation applies to each cPanel user individually. Further, CloudAfra does not guarantee this feature to any of its clients, and therefore strongly advises clients to regularly perform backups of their own data, hosted with us. In the unfortunate event that a client has lost their data hosted with CloudAfra, it will use reasonable efforts to recover the client's data; however CloudAfra will not be responsible for any loss of data, time, revenue or other resources due to incorrect or non-existent backups or any loss of data.
  12. Due to damaged hardware. We strongly encourage our customers to have a separate backup if your website or data is critical to your business or livelihood as no backup method is unsafe therefore we make no guarantees. Use of more than 50,000 inodes on any cPanel account (single user) may cause an automatic warning in cPanel > Stats > inodes. There will be no service interruptions at this stage, but if no action is taken to reduce inodes, service interruptions may occur once users reach 150,000 Inodes. Accounts found to exceed the 150,000 inode limit will automatically display a resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server width limit of 5 million and no limit per cPanel user. Users with reseller plans have a reseller width limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and would only be an issue if the reseller is causing problems for other resellers on the server. If the reseller's inode usage is between 5 to 10 million inodes, we may ask the reseller to upgrade to a dedicated server or provide sufficient time to complete the inode usage, if no action is taken by the reseller, the account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a reseller wide inode limit of 250,000. If this limit is exceeded, we may ask the budget reseller to upgrade to a regular reseller plan or provide sufficient time to complete inode usage, if no action is taken by the budget reseller, the account may be suspended.
  13. Each file (web page, image file, email, etc.) in your account uses 1 inode. Sites that slightly exceed our inode limit will likely not be suspended; however, accounts that consistently create and delete large numbers of files on a regular basis, have hundreds of thousands of files or retailers with millions of files that cause file system corruption may be flagged for review and/or suspended. The main cause of excessive inodes appears to be that the user exits the container address all enabled, but never checks their primary account's mailbox. Over time, eventually tens of thousands of messages (or more) accumulated pushing the account past our inode limit. To disable your default mailbox, log in to cPanel and select "Mail", then "Default Address", "Set Default Address", then type::failure: No such user here.
  14. Users MUST NOT use our hosting services to offer any of the following types of FREE services but are not limited to; Free web hosting service, free email services, Free blog services, Free home page, Free image hosting, Free trial account. If you violate this prohibition on free services, we may immediately suspend your account, with or without notice, as we determine in our sole discretion, necessary. to resolve the situation.
  15. File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You CANNOT use hosting with CloudAfra as a place to download or store files. Our services are only offered strictly for website hosting. This does NOT mean you can't have downloads on your site. This means you may not operate sites that specialize in downloads such as Download.com or similar and you may not use your account as a storage place for MP3, game, video, photo, image, audio or music files or as a backup storage facility.
  16. Abuse of CloudAfra Staff or Support Personnel: At CloudAfra, we pride ourselves on providing excellent service to all of our customers. It is our policy to always treat our customers with the highest respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you consistently engage in content that offends them, or handles it in a derogatory or abusive manner, your account may be suspended and you may be asked to take your business elsewhere. If we terminate service due to infringing behavior, customers will be given five (5) days notice.
  17. We will issue a refund only for the unused portion of the prepaid service. Rude behavior includes, but is not limited to, the following behavior: Repeatedly addressing our staff members in a derogatory or rude manner. Using profanity in verbal or written communications with our staff, by any communication media, including but not limited to email, instant messaging, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or direct communication. Yelling or screaming at our staff. Intentionally use all capital letters (uppercase) in any written communication to our staff; Insult our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, gender, sexual orientation, religion, or residential or economic status; or Knowingly providing false information to our staff for the purpose of harassing them or wasting their time.

1.5. Domain

Agreement not to use the "service" for improper purposes and prohibited activities

You agree not to use the Services provided by CloudAfra, or permit or enable anyone else, to use the services provided by CloudAfra for any illegal or inappropriate purposes. Accordingly, you agree not to:

  1. violate any applicable laws, regulations, ordinances, or other requirements of any Federal, State, or local government, including those relating to privacy, data collection, consumer protection (including those relating to misleading and deceptive conduct) and applicable consumer laws relating to fair lending, debt collection, organic farming (if applicable), data disclosure and financial regulations;
  2. send any unsolicited commercial or mass email, not to engage in any activity known or considered to be spamming or Mail Bombing;
  3. cause repeated and high volume inquiries to any of the services provided by CloudAfra (i.e. domain name availability, etc.);
  4. violate the copyright, trademark, patent, trade secret or other proprietary rights of any third party information;
  5. use the Services for content that expresses hatred against certain social, ethnic, religious or other groups;
  6. use the Services to distribute viruses, malware, abusive botnets, phishing, Trojan horses, worms, time bombs, corrupted files, or other similar software or programs that may damage the operation of any person's computer or property;
  7. contain warez; contain any type of proxy server or other traffic relaying program; promote money-making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent portals, or similar software;
  8. redirect to another website without their permission and/or impersonate another person or company;
  9. use for the purpose of impersonating another person or entity such as redirecting the domain to another website without permission and/or using the domain to send fraudulent or abusive emails;
  10. use the Services in a manner that is abusive or encourages violence;
  11. violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar laws, or promote, encourage, or engage in the sale or distribution of prescription drugs without a valid prescription;
  12. use the Services for fraudulent or fraudulent practices, counterfeiting or engaging in activities contrary to applicable law.

You agree that CloudAfra has the right to suspend and/or delete your registered Domain name as a consequence of engaging in activities that are contrary to applicable laws and any related procedures.

You agree that CloudAfra has the right to suspend and/or delete your registered Domain name as a consequence of engaging in activities that are contrary to applicable laws and any related procedures.

1.6. Linux and Windows VPS

ADMINISTRATOR/DATA SECURITY RIGHTS AND OBLIGATIONS
  1. Customer has full and sole administrator rights for all root service products and cloud servers. Customers are responsible for managing and securing these products at their own expense and risk.
  2. Customers, by using our services, are obliged to organize and manage their servers in such a way as not to compromise the integrity and availability of third party networks, servers and data. In particular, it is strictly prohibited to use the server for DOS attacks or to run open mail relays or other systems capable of performing these actions. If the Customer breaches this agreement, we reserve the right - without prior notice - to lock the server and terminate the contract without notice.
  3. For managed server products and services, we only grant basic usage rights to Customers. We monitor these servers 24 hours a day for service disruptions and provide free customer support for simple services. For more extensive services lasting 15 minutes or more, we charge a fixed service fee subject to prior agreement with the Customer.
  4. Customers are obliged to use the services provided appropriately and to refrain from abusive and illegal actions.
  5. Customers are responsible for making regular backups of their data; backups must be stored outside the servers we provide. If data is transmitted to us on the Customer's server, the Customer is obliged to make regular backup copies of the data. Customers are required to perform a complete data backup before any changes they make on their own behalf or on behalf of a third party. If data loss persists, the Customer is obliged to transfer the relevant data files back to us free of charge or return the data themselves.
USE OF SERVICES / CONTENT
  1. Customers are obliged to check and comply with legal provisions arising from the use of contractually agreed services, in particular the Telecommunications Law, the Telemedia Law, as well as national and international intellectual and industrial property rights, privacy rights, and competition requirements and laws protection of their own data. The customer indemnifies us against all third party claims arising from breach of this obligation.
  2. Customers are obliged not to publish any content that violates third party rights or violates applicable laws. This includes in particular, pornographic or obscene material, extremist content or content that offends public decency, gambling, material that could seriously harm the morals of children or young people or infringe the rights of third parties (copyright, name rights, trademark rights and data protection rights). This also includes the publication of content that defames, insults or insults a person or group of people.
  3. Sending spam emails is prohibited. This includes in particular the sending of unauthorized and unsolicited advertising to third parties. When sending an email, it is also prohibited to provide false sender data or disguise the sender's identity in other ways. The operation of applications for mining cryptocurrency remains prohibited. This includes, but is not limited to, mining, farming, and planning cryptocurrency. We reserve the right to lock Customer's access to the service or their CloudAfra account in the event of non-compliance.
  4. If we become aware of illegal activity, we are obliged under § 10 Telemedia Act (TMG) to request that the Customer immediately remove the offending content and we reserve the right to lock the Customer's access to the service or their CloudAfra account.
OBLIGATION
  1. Customers use CloudAfra services at their own risk. We are liable for indirect damages in the event of intent or gross negligence, but not for lost profits. We are liable for culpable breaches that are not due to gross negligence or intent for foreseeable damages that normally occur in this type of contract, up to a maximum of 100% of the Customer's monthly product rental price.
BACKUP AND DATA LOSS
  1. YOU ACKNOWLEDGE THAT YOU ASSUME YOUR OWN RESPONSIBILITY FOR THE ADEQUACY SECURITY, PROTECTION AND INTEGRITY OF THE CONTENT.
  2. You are responsible for making regular backups (backup copies) of your data; backups must be stored outside the servers we provide. If data is transmitted to us on your server, you are required to make regular backup copies of the data. You are obliged to perform a complete backup of data before any changes you make on your own behalf or on behalf of a third party. If data loss persists, you are obliged to transfer the relevant data files back to us free of charge or restore the data yourself.
CLOUD AND SERVER SERVICES AGREEMENT

We strive to keep our network operating at the highest level possible, so that all our clients benefit from it. Therefore, the following actions are prohibited:

  1. Operate applications used to mine cryptocurrency
  2. Scanning for foreign networks or foreign IP addresses
  3. Use of fake source IP

1.7. EMAIL MARKETING

1. Service
  1. Eligibility. To access and use the Services, you must:
    1. (a) be at least the age of majority in your jurisdiction;
    2. (b) complete the registration process to create a user account; and
    3. (c) provide and maintain complete, accurate, and current contact and account information.
  2. Account and password. You are responsible for all activities that occur through your account, whether or not such activities are authorized by you. You agree to take reasonable precautions to ensure that your username, password and other account information are kept confidential, to not share such information, and to immediately notify us of any unauthorized use of your account.
  3. Updates and Functions. You acknowledge and agree that CloudAfra may, from time to time, apply updates to the Service and that such updates may result in changes to the appearance and/or function of the Service (including the addition, modification, or removal of functions, features, or content).
  4. Third Party Products and Services. The Services may enable you to access, interact with, or purchase products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services (“Third Party Services”). CloudAfra provides access to Third Party Services only as a convenience, and such access does not imply any warranty, representation, endorsement, approval or verification by CloudAfra of such Third Party Services. You acknowledge that use of Third Party Services may be subject to the terms and conditions of such Third Party Services and that any contracts entered into or transactions completed through Third Party Services are between you and the applicable third party only.
  5. Anti-Spam Measures. CloudAfra reserves the right to take any and all actions it deems necessary or appropriate in its sole discretion (whether legal, technical, or otherwise) to prevent the Services from being used to send unsolicited email (i.e., “spam”) and to address complaints by third parties regarding sending the email. Without limitation, you agree that CloudAfra may, in its sole discretion, suspend or cancel your account if CloudAfra suspects that your account is being used to send unsolicited email.
  6. Artificial Intelligence Tools. CloudAfra does not intend to use artificial intelligence tools (OpenAI) to reuse User Content. However, it is the User who assumes all risks associated with the use of such tools. CloudAfra is not responsible for any content generated by OpenAI, especially if this content is offensive or violates copyright laws. CloudAfra is also not responsible for not providing the promised use of the Site (for example, the promised limits provided in each account) if the reason for the inability to provide the service is due to the operation of OpenAI.
2. Usage Rules
  1. Permitted Uses. You agree that you will always use the Services in a manner consistent with:
  2. General Email Rules. You agree to comply with the following rules when using the Services:
    1. All contacts/recipients to whom you send emails with the Service must provide explicit consent to receive emails from you. This can be done when adding contacts via our dashboard or API. We require that all contacts to whom you wish to send commercial bulk emails must be obtained through a “double opt-in” action and by using our Services you confirm this.
    2. Do not send unsolicited email (i.e. “spam”). This means that you may not send emails other than Transactional Messages (as defined in the Terms of Use) unless the recipient has validly consented to receive communications from you.
    3. Do not send emails to purchased, rented, or third party email lists of any kind.
    4. Do not use false or misleading header information. Your “From”, “To”, “Reply To” and routing information – including the originating domain name and email address – must be accurate and able to identify you.
    5. Don't use deceptive subject lines or redirect links to sites and pages that are not relevant to the content of your email.
    6. Your email must include a clear and conspicuous unsubscribe link in a form acceptable to CloudAfra directed through CloudAfra's hosted email platform. Each link must remain valid for at least 60 days after your email is sent, and you may not remove or disable any such link.
    7. You must comply with your opt-out request promptly (no later than 10 business days after receiving the request), and you must be able to process your opt-out request within at least 60 days after your email is sent.
    8. You must identify yourself accurately in your email and include a valid physical postal address and email address (or telephone number) that can be used to contact you. The information must remain valid for at least 60 days after your email is sent.
    9. If you send an advertisement, you must clearly and conspicuously identify your email as an advertisement.
3. Prohibited Content

You agree that you will not use the Services to send emails that contain, offer, promote, reference or link to any information or content related to the following:

  1. defamatory or libelous information or content;
  2. information or content that is pornographic, sexually explicit or adult-oriented;
  3. information or content that is vulgar, obscene, indecent, offensive or threatening;
  4. false, misleading, inaccurate or fraudulent information or content;
  5. information or content that is discriminatory, racist or promotes violence against any individual or group;
  6. information or content that infringes or misappropriates the intellectual property or other proprietary rights of any third party;
  7. viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
  8. hacking, software piracy, spyware, surveillance, interception or deciphering tools, phreaking, emulators, or illegal file sharing activities;
  9. information or content that is contrary to applicable laws or regulations; or
  10. information or content that CloudAfra deems inappropriate or harmful to CloudAfra, the Services, or CloudAfra's affiliates, partners, customers or users.
4. Prohibited Products & Services

You agree that you will not use the Services to send emails that contain, offer, promote, reference or link to the following products, services or content:

  1. weapons, firearms, ammunition, fireworks or explosives;
  2. hazardous materials or hazardous substances;
  3. multi-level marketing or affiliate marketing;
  4. work from home, make money online and lead generation opportunities over the internet;
  5. online casino or gambling;
  6. foreign exchange programs and software (FOREX);
  7. stock trading software;
  8. “get rich quick” schemes;
  9. loans, credit cards or banking;
  10. drugs;
  11. instant weight loss scheme;
  12. predatory publishing; or
  13. data sales services such as email lists, phone numbers, etc.
5. Account Suspension or Cancellation

If we suspect that your account is being used contrary to this Acceptable Use Policy or in a way that harms CloudAfra or the Services, we may limit access to or use of your account, including by suspending or canceling your account. Here are some examples of reasons why we might take action against your account:

  1. we have received many complaints regarding emails sent from your account. Complaints are tracked when recipients mark your emails as junk or spam;
  2. your account has sent a large number of emails to invalid email addresses; or
  3. our internal spam prevention measures have identified emails sent from your account as violating this Acceptable Use Policy.

Misuse or unauthorized use of the Services and related systems or networks, or any information or materials available through the Services is strictly prohibited, and CloudAfra reserves the right, in its sole discretion and without liability or prejudice to any other legal remedies it may have, to immediately suspend or cancel the accounts of any user who uses, or who CloudAfra believes is using, the Services in violation of these Terms.

6. Compliance with Laws

You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including, but not limited to, all applicable anti-spam and privacy laws (collectively, the “Regulations”). For greater certainty, these Regulations may include, depending on your use of the Services, but are not limited to, CAN-SPAM, CASL, and GDPR. You are solely responsible for determining whether the Services you use comply with the Rules, and you acknowledge and agree that CloudAfra will not be liable for any use by you of the Services that violates the Rules.

7. Consent

You further represent and warrant that you will not send any email other than a Transactional Message unless the recipient of the email has given you valid permission under the Rules to receive communications from you.

8. Transactional Messaging

The Service allows you to send Transactional Messages. “Transactional Messages” are defined as communications sent in response to an email recipient's actions relating to a product or service you offer (e.g. a confirmation email sent in response to the purchase of a product or service through your App or website) or relating to their use, purchase, or ongoing subscription by email recipients to products or services you offer. You may not send Transactional Messages that are bulk messages or messages intended to encourage participation in commercial activities.

1.8. Payment and Billing

All services are provided on a prepaid basis. You agree to pay all charges for your use of the services in accordance with the pricing and payment terms presented to you for those services. You authorize us to charge your chosen payment method for such amounts. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms.

2. Privacy Policy

We are committed to protecting your privacy. This privacy policy explains how we collect, use, and disclose personal information.

2.1. Information Collection

We collect personal information when you register for an account, use our services, or communicate with us. This information may include your name, email address, payment information, IP address, and other details necessary to provide our services.

2.2. Information Use

We use the information collected to provide, maintain, and improve our services, process transactions, and communicate with you. We may also use your information to send you updates, marketing materials, and other information that may be of interest to you.

2.3. Information Disclosure

We do not sell, trade, or otherwise transfer your personal information to outside parties except as described in this policy. We may share your information with trusted third parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also disclose your information if required by law or to protect our rights or comply with a judicial proceeding, court order, or legal process.

3. Acceptable Use Policy

This Acceptable Use Policy outlines the rules and guidelines for using our services. By using our services, you agree to comply with this policy.

3.1. Prohibited Activities

You may not use our services to engage in any activity that is illegal, harmful, or otherwise inappropriate. This includes, but is not limited to, the following:

  1. Sending unsolicited bulk emails ("spam")
  2. Engaging in any form of harassment, discrimination, or abuse
  3. Distributing malware, viruses, or other harmful software
  4. Infringing on the intellectual property rights of others
  5. Engaging in any activity that disrupts or interferes with our services or servers
  6. Using the services to operate an open proxy or open relay
  7. Hosting or distributing child pornography or any other illegal content

3.2. Enforcement

We reserve the right to investigate any violation of this policy and to take appropriate remedial action. We may suspend or terminate your access to our services if we determine that you have violated this policy. We may also report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

4. Intellectual Property

All content, trademarks, service marks, trade names, logos, and icons are the property of Cloudafra or its affiliates or agents and are protected by copyright laws. You agree not to copy, modify, reproduce, distribute, sell, license, or otherwise exploit our content without our express written permission.

5. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Cloudafra, its affiliates, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our services, (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

6. Indemnification

You agree to defend, indemnify and hold harmless Cloudafra and its affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the services caused damage to a third party.

7. ANNOUNCEMENT

(A) For you. We may provide any notice to you under these Terms by:

  1. Sending messages to the email address you provide or
  2. Posting a notice on the Site.

Notices we send by email will be effective when we send the email, and notices we provide by posting them on the Site will be effective upon posting. It is your responsibility to keep your email address current. We are not responsible or liable for your failure to receive email notifications if such failure is caused by an inaccurate email address.

  1. We may send notifications to all our users in the form of server information, service interruptions, or ongoing promotions.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SITE AND SERVICES SHALL BE AT YOUR OWN RISK AND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, MERCHANTABILITY, NON-INFRINGEMENT. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

  1. THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE;
  2. THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITE LINKED (VIA HYPERLINK, BANNER ADVERTISING, OR OTHERWISE) TO THE SITE;
  3. OUR SERVICES OR ANY LINKED SITE (VIA HYPERLINK, BANNER ADVERTISING, OR OTHERWISE) TO THE SITE;

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (INCLUDING WITHOUT LIMITATION CALL CENTER REPRESENTATIVES OR CUSTOMER SERVICE AGENTS), WILL:

  1. CONSTITUTE LEGAL OR FINANCIAL ADVICE OR
  2. CREATE ANY WARRANTY REGARDING OUR SITE OR SERVICES, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL APPLY UPON TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM:

  1. THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE;
  2. THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (VIA HYPERLINK, BANNER ADVERTISING OR OTHERWISE) TO THE SITE;
  3. OUR SERVICES OR ANY SITE LINKED (VIA HYPERLINK, BANNER ADVERTISING OR OTHERWISE) TO THE SITE;
  4. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND;
  5. THIRD PARTY CONDUCT OF ANY KIND;
  6. ACCESS OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN;
  7. ANY INTERRUPTION OR CESSATION OF SERVICE TO OR FROM THE SITE OR ANY SITE LINKED (VIA HYPERLINK, BANNER ADVERTISING, OR OTHERWISE) TO THE SITE;
  8. VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SITE OR ANY SITE LINKED (VIA HYPERLINK, BANNER ADVERTISING OR OTHERWISE) TO THE SITE;
  9. ANY CONTENT OR USER CONTENT THAT IS DEFAMATORY, OFFENSIVE, INDECENT, HARMFUL TO MINORS OR ANY PROTECTED CLASS, IS PORNOGRAPHIC, “X-RATED”, DEFECTIVE OR OTHERWISE OBSCENE;
  10. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OUR TOTAL AGGREGATE LIABILITY EXCEED 100% OF THE MONTHLY CHARGE OF THE SERVICES WE PROVIDE TO YOU.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL APPLY UPON TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

9. Payment Problems

The User agrees to pay CloudAfra all fees related to the use of the User's account in accordance with the rates and prices stated on the sales order at the time of commencement. Users are responsible for fees when the service is used and CloudAfra may apply the amount payable to the User's credit card at any time.

CloudAfra reserves the right to suspend access to services for User accounts upon indication of credit problems including outstanding payments or credit card charge denials.

Credit Card Payment: If Customer elects to pay for services by credit card, Customer grants CloudAfra the right to charge payment to that card on each due date. Customer further agrees not to challenge or dispute any fees representing hosting payments.

Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services by the monthly anniversary date is a violation of TOS. Failure to remit payment for five (5) consecutive days, including anniversary dates, may result in suspension of customer service. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to services and all customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.

All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including anniversary dates, suspension of public access to customer service may occur. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, will result in termination of access to the service network and all services will be reclaimed.

Payment Reminder: Our credit card processor will send payment for all recurring orders, for services on monthly anniversary dates. It's a client's responsibility to ensure sufficient funds are available in their credit card payment account. It is the customer's responsibility to ensure dues are paid on time and the email address on file is working and authorized to receive CloudAfra reminders. Once a payment reminder is sent from CloudAfra, it is considered a valid payment reminder. CloudAfra is not responsible for emails that cannot be delivered to the email address or email sent by CloudAfra not reaching the client's inbox, including but not limited to spam filters or network problems. For the first day after payment is due, you will receive a payment reminder notification stating you need to update your credit card and pay your invoice. We use Paypal payments and disputes in Paypal are a serious violation and your account will be immediately deleted. To return your funds, please cancel the dispute on Paypal. On the third day and the fifth day, the second and third payment reminders will be sent to you. On the seventh day customer service may be temporarily suspended for non-payment.

10. Public Feedback

We have a zero tolerance policy for posting negative feedback in any public location about our company and/or our employees before submitting a ticket to our "Suggestions & Complaints" Department to discuss your concerns. This will result in immediate account termination without refund. While it is your right to send feedback without discussing your concerns with us first, it would undoubtedly be unfair and unprofessional not to do so, which is not the kind of clients we want to work with. We have great respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all our clients satisfied. But if you are not satisfied, all we ask is to discuss your concerns with our Complaints Department first. For example, if you're the type of person who runs to the forums the first chance you get to file a complaint, DO NOT SIGN UP with CloudAfra in the first place. Furthermore, all of our policies relating to maintaining the confidentiality of information provided to us, including but not limited to our privacy policy, confidentiality consent, and confidentiality agreement, are terminated once you discuss your experience publicly. For example, if you make a negative post in public, then you forfeit your privacy protection.

11. Money Refund

Without waiving any other rights under this Agreement, CloudAfra offers its Customers a 30-day money back guarantee on hosting fees. If for any reason you cancel your account within thirty (30) days starting from the day CloudAfra sends your welcome email including your account information or the day you placed your order with us, whichever comes first, CloudAfra will refund your money without question; provided, however, that you have not previously obtained a refund under the 30 Day Guarantee. If you have previously received a refund based on the 30 Day Guarantee, your account will be cancelled, but no money will be returned to you. Changes to your services, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have DOES NOT entitle you to an additional 30 Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from CloudAfra and does not apply to any changes to your services at any time. Our refund policy does not apply to any additional items or services, this includes but is not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers, and overages. Refunds take between 4 hours - 24 hours from the time the package has been successfully cancelled.

12. Linux and Windows VPS - Refund Money

Based on our agreement, regarding Linux and Windows VPS package you can only cancel the order within 3 days (72 hours). So we only provide a money back guarantee within 3 days after you receive the email information regarding the package that has been activated. Apart from the guarantee period, you cannot request a refund for any reason unless our servers are down for 72 hours. We can suspend any package or terminate your account without notifying the user. If we find an illegal transaction, refund the money automatically or initiate a dispute with the payment method (Paypal). Refunds can only be made on one service for one account. Refunds take between 4 hours - 24 hours from when the package has been successfully cancelled.

13. Cancellation

Customers may voluntarily cancel their accounts at any time, for any reason or no reason, by requesting a cancellation from your members area at CloudAfra > Services > My Services > Products / Services > View Details > Management Action > Request Cancellation. CloudAfra requires cancellation notice five (5) days prior to anniversary billing date for month-to-month discontinuation or downgrade of service. Failure to supply the required five (5) days will result in a full billable monthly cycle prior to cancellation. All amounts due must be paid in full before we cancel the customer account. Customer understands and agrees that CloudAfra does not provide pro-rata or any other type of refund on cancellation. All customer payments are non-refundable, unless otherwise stated under our 30 day money back guarantee. All cancellation requests must be made directly via CloudAfra.com. Cancellation requests are not accepted via email, postal mail, or by telephone. If a customer cancels a recurring order by contacting any third party, we will consider it an account cancellation request. In such cases, CloudAfra reserves the right to terminate the customer's account immediately without prior notice.

14. SUSPENDED & TERMINATE

A. Suspended

Products or packages that do not pay bills on the Due Date in each package, be it Cloud Compute, Hosting, Resellers Hosting, VPS Windows, will get a 2 day concession, before the package is suspended. Example: If the due date is 06/06/2022, then on 08/06/2022 the package will be suspended. Suspended packages can still be extended and all files will remain safe.

B. Terminate

Products or packages that do not pay bills on the Due Date in each package, be it Cloud Compute, Hosting, Resellers Hosting, VPS Windows, will get a 3 day concession, before the package is terminated. Example: If the due date is 06/06/2022, then on 09/06/2022 the package will be terminated. Terminated packages cannot be extended and all files cannot be restored.

15. Services That Do Not Support Refunds

The following services are non-refundable:

  1. Registration, transfer and extension of domain names
  2. SSL Certificate
  3. Business Email
  4. Email Marketing

16. Fee

Every transaction carried out using the Bank Transfer, Paypal, and Credit Card payment method will be subject to a fee according to the product price determined by the user. This fee is not included when a refund is made.

17. Changes to this Agreement

We may update this Agreement from time to time to reflect changes in our practices or applicable laws. When we make changes, we will update the "Effective Date" at the top of this Agreement. We encourage you to review this Agreement periodically to stay informed about our terms and practices.

18. Contact Us

If you have any questions or concerns about this Agreement, please contact us at support@cloudafra.com.

Get in touch with us!

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