Clourack Legal Information

1. Terms & jurisdiction

The initial term of this agreement shall begin on the date that Cloudrack generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.

The Subscriber agrees explicitly that Cloudrack will activate the service in receipt of cleared payment and that service will commence without delay.

Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless Cloudrack or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable. This may also be processed by requesting cancellation from within the customer GUI.

The Terms of Service and the relationship between you and Cloudrack shall be governed by the laws of the United Kingdom. You and Cloudrack agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom.

2. Subscriber duties

In order to use Cloudrack services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.

a. Acceptable use of network and system resources

Deployed servers on Public Cloud, include a set amount of data transfer, based on a generous 1.5TB of outbound transfer per month, per GB RAM allocated to your server for most locations. Maximum / Peak usage is 5Mbps per GB RAM allocated to your server for most locations. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 50Mbps transit or 15TB transfer, whichever limit is reached first.

Hybrid and Baremetal Servers are also provided with an inclusive generous set amount of data transfer, which is 50Mbps at 95th percentile metering for most locations, and 25Mbps at 95th percentile metering.

Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of Cloudrack.

b. Spam and UCE

Cloudrack has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Cloudrack may not use or permit others to use our network to transact in spam messages. Subscribers to Cloudrack may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Cloudrack’s SPAM policy will result in severe penalties – Upon notification of an alleged violation of our SPAM policy, Cloudrack will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Cloudrack may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cloudrack may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Cloudrack reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cloudrack will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy may result in an Administrative Fee of £100 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of £500 and immediate termination of your account. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.

Cloudrack reserve the right to charge up to a total of £1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.

As our resellers are ultimately responsible for the actions of their clients over the Cloudrack network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.

c. Prohibited content

Threatening, abusive, harassing, defamatory statements.
Promotion of illegal activities (info on hacking, cracking etc).
Information, instructions, links, etc containing malicious code.
Hate speech or hate propaganda.
Scripts or systems that cause server performance issues.
Misrepresentation of member’s identity, or impersonation.
Collection of personal information for illegal purposes.
Collection of personal information without users permission.
Content that is deemed by Cloudrack, in its sole discretion, to be harmful to Cloudrack.
Solicitation or sale of any harmful/illegal products or service

Cloudrack does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior

4. Indemnification

Subscriber agrees to indemnify and hold harmless Cloudrack, Cloudrack’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.

5. Disclaimer of warranties

Cloudrack does not warrant or represent that the services will be uninterupted, error-free, or completely secure. To the extent permitted by applicable law Cloudrack disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. To the extent permitted by applicable law, all serices are provided on an “as is” basis.

6. Limitation of liability

In no event will Cloudrack Limited, its suppliers, or third parties mentioned on this site be liable for any special, indirect or consequential or any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not advised of the possibility of such damages.

7. Law enforcement information

The Cloudrack terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of he Metropolitan Police Service (MPS) who makes a written request, without further consent or notification to the Subscriber. In addition Cloudrack shall have the right to terminate all service set forth in this Agreement.

8. Uptime guarantee

Cloudrack provides a 100% Uptime Guarantee on all Cloudrack Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a Cloudrack unscheduled hardware failure, or an unscheduled failure of the Cloudrack network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the Cloudrack network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced via internal ticket or our Cloudrack status page is not covered by this guarantee

9. Support & services

Cloudrack provides comprehensive 24/7/365 technical support to all subscribers via our Ticketing System (available via Email and GUI). Some general guidelines and terms are:

Cloudrack supports fully any issue related to the Cloudrack virtual server physically functioning
Cloudrack does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
Cloudrack does not provide technical support to your customers or users
The use of all Cloudrack services is at your own risk
Cloudrack Snapshots and backups are not guaranteed or validated in any way
You agree to take full responsibility for all files and data in your account
You agree to maintain an appropriate backup of files and data stored on the Cloudrack clouds

10. Invoicing and payment

You agree that Cloudrack shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
Payment is due on invoicing unless cancellation is requested.
Any payments not made within 7 days of due date will have the associated service suspended without further notice, other than Fixed Instances, which will be suspended 48 hours after due date.
Any suspended service will be terminated and destroyed after 15 days suspended without further notice.
Subscribers are aware that Cloudrack may prospectively change the specified rates and charges from time to time in accordance with foreign exchange rates.
Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Cloudrack.
Cloudrack provides the option to pay natively in EURO, GBP and USD to help Subscribers avoid currency ﬂuctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
Up and Downgrading service within your billing cycle will result in Pro-Rata charges and credits on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
Once service has commenced, the subscriber agrees that the minimum term of service applies and no refunds will be provided.
When an account becomes overdue Cloudrack reserves the right to suspend active and paid-for services until such time outstanding unpaid invoices are settled.
All Microsoft OS servers deployed on our clouds must conform with the Microsoft Service Provider License Agreement. As such, any Windows server you deploy will automatically be licensed and added to your account within 48 hours of deployment.

11. Suspension and cancellation

Cloudrack reserve the right to suspend network access to any Subscriber if, in the sole judgement of Cloudrack, the Subscribers server is the source or target of a violation of any of the other terms of service or the Subscribers account is in arrears of one month or more, or for any other reason which Cloudrack chooses. Cloudrack will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
Subscribers may cancel service at any time using the ‘Request Cancellation’ links in your GUI, which is under the Billing Tab for each service. Account cancellation requests can not be accepted by email, ticket or chat. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancellation may result in charges continuing to be levied.

12. Notice

You agree that Cloudrack may provide you with notices, including those relating to changes to the Terms of Service by Email and/or postings on Cloudrack systems and services.

You agree that Cloudrack may, from time to time and at it’s sole discretion, need to impact single Virtual Machine uptime due to essential maintenance, and where possible, we aim to provide 48 hours notice of any impact of more than 1 hour.