Cloudways
Terms of Service
DEFINITIONS
PRELIMINARY
IN USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,
1. Eligibility & Registration
2. Rules of Conduct/Use of the Services
-
Your Services Content, and your or your End Users’ use of your Services Content, will not violate this agreement (including the AUP) or any applicable law, regulation, rule, or third party rights; -
You are solely responsible for the development, moderation, operation, maintenance, support and use of your Services Content, including when your Services Content is contributed by your End Users; -
Your Services Content, and your or your End Users’ use of your Services Content, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law, regulation, rule, or rights of third parties; and -
Except for the specific Services provided to you under these Terms of Use or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users.
3. WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
-
Any changes to the Services made by Cloudways Ltd., or any temporary or permanent cessation in the provision of the Services (or any features within the Services), -
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service, -
Interruption of services, malware (including viruses and/or Trojans) and/or other errors over which Cloudways Ltd. has no control, -
Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk.
4. MUTUAL CONFIDENTIALITY
5. GENERAL LEGAL TERMS
6. BILLING AND PAYMENTS
STATEMENT FOR MODERN DAY SLAVERY
Service Level Agreement
Definitions
Standard Level of Service (Service Standard)
-
Cloudways’ goal is to ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability). -
Please note that Service Availability refers to Cloudways Platform Console and related services and in no case we are guaranteeing here the Service Availability of our Partner Cloud Providers (see third party SLAs in Clause 4 below). -
Cloudways offers two standard support options, Live Chat and Ticketing System. -
Chat Service is intended to provide an interactive method to request and receive basic information and troubleshooting assistance on a first-come, first-served basis. Particularly, and to avoid clogging the Live Chat system, interactive support sessions are subject to a maximum duration time depending on the support plan level you are in: -
Standard Support – 15 minutes max chat duration -
Advanced Support – 30 minutes max chat duration -
Premium Support – No limit (chat offered via Private Slack channel)
-
-
When the chat duration goes above the limits set above, our Live Chat agents will create a ticket with all information provided during the chat session to be followed up by our senior engineers via our Ticketing System. Expected response times for tickets presented by Customers or created on the Customers’ behalf by our agents are as follows: -
High Priority Tickets (instant Live Chat available 24x7x365) -
Standard Support – 3h -
Advanced Support – 30’ -
Premium Support – 10’
-
-
Normal Priority Tickets (instant Live Chat available 24x7x365) -
Standard Support – 12h -
Advanced Support – 6h -
Premium Support – 2h
-
-
-
Our Response Time goal is the time it takes to acknowledge and have the “work started” status only, not the time it takes to resolve the issue in question. -
High Priority tickets must be related to events that render Customers’ infrastructure and/or services unusable/inaccessible. Other type of events rated as High Priority by Customers and that don’t match this description will be demoted to Normal Priority by Cloudways Ltd.’s personnel and treated accordingly. -
Customers who have signed up for our Premium Support Add-on are offered two additional support options, a private Slack channel and phone support. Premium Support is offered from Monday to Sunday, 24h a day (24x7x365). Cloudways goal is to respond to any request through these channels within five minutes (Response Time). As with the standard support options, the Response Time goal is a time to acknowledge and “work started” only, not a time to resolve. -
Cloudways Ltd. realizes that our Service Availability and Response Time goals may not always be met. Accordingly, Clause 2 sets out credits should we fail to meet the Service Availability or Response Time goals.
Credits disbursed when Service Standard is not met
Situations in which we will not disburse any Credit
Third party Infrastructure Providers SLAs
-
Click here to view DigitalOcean SLA. -
Click here to view Amazon EC2 SLA. -
Click here to view Google Compute Engine (GCE) SLA. -
Click here to view Vultr SLA . -
Click here to view Linode SLA
Privacy Policy
INTRODUCTION
CONTENTS OF THIS PRIVACY POLICY
-
CLOUDWAYS AS A DATA PROCESSOR -
APPLICABLE LAWS -
WHAT IS PERSONAL DATA? -
PERSONAL DATA WE COLLECT ABOUT YOU -
SOCIAL MEDIA -
HOW AND WHY WE COLLECT PERSONAL DATA -
PERSONAL DATA RELATING TO THIRD PARTIES -
WHAT WE USE YOUR PERSONAL DATA FOR (PURPOSE OF PROCESSING) -
SPECIAL NOTE ON CONSENT -
ACCURACY OF PERSONAL DATA -
DIRECT MARKETING -
TRANSFERS TO THIRD COUNTRIES -
INTERNET COMMUNICATIONS -
AUTHORISED DISCLOSURES -
SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS -
SECURITY MEASURES -
RETENTION PERIODS -
PROCESSING FOR STATISTICAL REASONS -
LINKS TO THIRD PARTY SOURCES -
COOKIES -
MINORS -
YOUR RIGHTS UNDER THE DATA PROTECTION LAWS -
YOUR RIGHT OF ACCESS -
YOUR RIGHT TO RECTIFICATION -
YOUR RIGHT TO ERASURE (THE RIGHT TO BE FORGOTTEN) -
YOUR RIGHT TO DATA RESTRICTION -
YOUR RIGHT TO DATA PORTABILITY -
YOUR RIGHT TO WITHDRAW CONSENT -
YOUR RIGHT TO OBJECT TO CERTAIN PROCESSING -
YOUR RIGHT TO LODGE A COMPLIANT -
WHAT WE MAY REQUIRE FROM YOU -
TIME LIMIT FOR A RESPONSE -
CLOUDWAYS DETAILS -
UPDATES
CLOUDWAYS AS A DATA PROCESSOR
APPLICABLE LAWS
-
The (Chapter 586 of the Laws of Malta) as well as the various subsidiary legislation issued under the same – the ‘ DPA ’; -
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation ) – the ‘ GDPR ’.
WHAT IS PERSONAL DATA?
SOCIAL MEDIA
HOW AND WHY WE COLLECT PERSONAL DATA
-
Need to be able to provide You with the goods and/or services You request from Us -
Are legally required to collect/use and to keep for a predetermined period of time -
Believe to be necessary for Our legitimate business interests
PERSONAL DATA RELATING TO THIRD PARTIES
WHAT WE USE YOUR PERSONAL DATA FOR (PURPOSE OF PROCESSING)
PROSPECTIVE CLIENTS/USERS OF THE SITE/NEW CLIENTS OF OUR SERVICES:
|
|
|
---|---|---|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ONGOING CLIENTS OF OUR SERVICES:
|
|
|
---|---|---|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SPECIAL NOTE ON CONSENT
ACCURACY OF PERSONAL DATA
DIRECT MARKETING
TRANSFERS TO THIRD COUNTRIES
INTERNET COMMUNICATIONS
AUTHORISED DISCLOSURES
SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS
SECURITY MEASURES
-
unauthorised access -
improper use or disclosure -
unauthorised modification -
unlawful destruction or accidental loss.
RETENTION PERIODS
PROCESSING FOR STATISTICAL REASONS
LINKS TO THIRD PARTY SOURCES
COOKIES
MINORS
YOUR RIGHTS UNDER THE DATA PROTECTION LAWS
-
What Personal Data We have, -
Why We process them, -
Who We disclose them to, -
How long We intend on keeping them for (where possible), -
Whether We transfer them abroad and the safeguards We take to protect them, -
What Your rights are, -
How You can make a complaint, -
Where We got Your Personal Data from and -
Whether We have carried out any automated decision-making (including profiling) as well as related information.
-
The Personal Data are no longer necessary for the purposes for which they were collected; or -
You have withdrawn Your consent (in those instances where We process on the basis of Your consent) and We have no other legal ground to process Your Personal Data; or -
You shall have successfully exercised Your right to object (as explained below ); or -
Your Personal Data shall have been processed unlawfully; or -
There exists a legal obligation to which We are subject; or -
Special circumstances exist in connection with certain children’s rights.
-
for compliance with a legal obligation to which We are subject (including but not limited to Our data retention obligations); or -
for the establishment, exercise or defence of legal claims.
-
The accuracy of Your Personal Data is contested (see the right to data rectification above), for a period enabling Us to verify the accuracy of the Personal Data; or -
The processing is unlawful and You oppose the erasure of Your Personal Data; or -
We no longer need the Personal Data for the purposes for which they were collected but You need the Personal Data for the establishment, exercise or defence of legal claims; or -
You exercised Your right to object and verification of Our legitimate grounds to override Your objection is pending.
-
Where We have Your consent; or -
For the establishment, exercise or defence of legal claims; or -
For the protection of the rights of another natural or legal person; or -
For reasons of important public interest.
-
The processing is based on Your consent or on the performance of a contract with You; and Your Right to Withdraw Consent (when We rely on consent)
CLOUDWAYS DETAILS
UPDATES
Acceptable Use Policy
Definitions
Preliminary
In using the Website and/or the Services, you agree as follows,
II. CHANGES TO THE ACCEPTABLE USE POLICY
Governing Law
Affiliate Program
1. Participation in the Affiliate Program
2. Your Responsibilities
-
You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Cloudways will be promoted, promotional practices and means, payment details and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Cloudways and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions. -
You should act in good faith to refer customers in good standing. Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for fraud risk, have active accounts as per the Cloudways Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on the following: The referred customer has maintained an active account with a running server on the Cloudways platform and that the user has not canceled the account subscription o r churned out. -
You should not take action or make recommendations to your referrals that result in a potential revenue loss for Cloudways. -
You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing. -
You should not use on behalf of your referrals or encourage your referrals to use on their Cloudways accounts any copyrighted or third-party material without the proper licenses. -
You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Cloudways Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us. -
You should not engage in any SEO/spam link building techniques in order to generate more referrals for Cloudways. -
You agree not to violate any applicable law. -
You should be loyal to Cloudways and should not misuse its confidence and shall not damage its reputation. -
You are required to disclose the affiliate relationship with Cloudways on your website.
3. Affiliate Advertising
-
Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.; -
Bidding on keywords and phrases containing the “Cloudways” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Cloudways Website(s) as display URL in PPC ads and to direct-link or redirect to the Cloudways Website(s) without our prior approval; -
Using non-unique copyright infringing content to promote Cloudways; -
Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods; -
Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval; -
Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval; -
Using our advertising and promotional materials, trademark or name in a way which negatively affects our image; -
Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through; -
Using link cloaking or masking techniques or technology with the goal to promote Cloudways on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source; -
Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion; -
Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Clouways” trademark or any other variations or misspellings confusingly similar to Cloudways trademark, name, logo or domain name, without our prior approval; -
Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.
4. Affiliate Tracking Cookies
5. Affiliate Commissions
-
The sale was made as a result of your active referral efforts. We determine that if any of the following is true: -
At the time of order the customer has an active cookie indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Cloudways name; -
You claim that you have referred a customer no later than 45 days from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
-
-
Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program. -
The customer you refer has not used our services before and has not signed up for an affiliate account with us before. -
The customer completed their order processes without any assistance from you, including when you act on behalf of the customer. -
The sale is for any of our web hosting plans. Sales for other services or additional account features do not qualify for commissions. -
The referred customer has maintained an active account with a running server on our platform and that the user has not canceled the account subscription or churned out. -
Sales of hosting accounts that are canceled by the customer or suspended by Cloudways for any reason do not qualify for an affiliate commission.
6. Commission Payments
7. Invoicing
8. Relationship of the Parties
9. Account Termination
-
With a seven-day prior notice without explanation. -
Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.
10. Limitation of Liability
-
With a seven-day prior notice without explanation. -
Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.
11. Governing Law
12. Changes to the Affiliate Program Terms
Deprecation process & policy
Deprecation Policy
Definitions of key terms
Deprecated
Retired
End of Life
End of Service Life (optional)
Why does Cloudways deprecate Features
When does Cloudways deprecate features
When should customers expect to be notified?
-
Essential changes, such as those needed to maintain the integrity and stability of the Cloudways platform for all customers. -
When third party software integrated to the Cloudways platform is changed or no longer available. -
When changes are required to protect data security and comply with legal requirements.
How does Cloudways communicate feature deprecation?
Beta Testing Policy
1. Eligibility and Participation
2. Beta Features
3. Feedback
4. Intellectual Property
5. Term and Termination
6. Disclaimer of Warranties
7. Limitation of Liability and Indemnification
8. Confidential Information
DMCA Copyright Policy
-
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. -
Identification of works or materials being infringed; this includes, at a minimum and if applicable, the URL or IP address of the link shown on the site where such material may be found, as well as the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL or IP address of the link shown on the site where such reference or link may be found. -
Contact information about the notifier including address, telephone number and, if available, e-mail address. -
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; include this statement in the body of the notice: I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). -
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner; include this statement in the body of the notice: I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
Trademark Notification Policy
-
A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that has been allegedly infringed. -
Identification of the trademark that is being infringed. If this is a registered trademark, you should include the registration information; if it is not a registered trademark, please provide a description or a copy of the trademark at issue. -
Identification of the material you believe is infringing your trademark. This should include the URL where such material may be found (if one exists), and any other information (including IP address) that will enable us to locate that material. -
Your contact information, including address, telephone number, and e-mail address. -
A statement that you have a good faith belief that the material is not authorized by the trademark owner, its agent, or the law. -
A statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the trademark owner.