Terms of Service
Last Revised: May 27, 2019
Entrecloud
These Terms and Conditions govern your use of this web site and the Entrecloud web hosting service and associated software / applications (hereinafter “Service”). By accessing this web site and/or the Service, you are acknowledging and accepting these Terms and Conditions. These Terms and Conditions are subject to change by Entrecore LLC dba Entrecloud (hereinafter “COMPANY” and “We”) at any time and at our discretion without notice. Your use of this web site or the Service after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this web site or the Service.
1. ADDITIONAL POLICIES
Use of the Service is also governed by the following policies, which are incorporated by reference. By using the Service, you also agree to the terms of the following policies:
2. ELIGIBILITY FOR THE SERVICE AND SPECIAL TERMS
A. You must be at least 18 years of age in order to use the Service. By registering to use the Service, you affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are registering to use the Service on behalf of a company you own or work for, you represent that you have authority to bind that company to these terms.
B. To be eligible to use the Service, you must also reside in a Country where it legal to use the Service. The Office of Foreign Assets Control (“OFAC”) (part of the U.S. Department of the Treasury) prohibits U.S. companies from conducting certain types of commercial activities with certain sanctioned countries and certain sanctioned individuals. If you are located in a sanctioned country or are listed as sanctioned individual, you are prohibited from registering or signing up with, subscribing to, or using the Service. We also prohibit the use of our Service in connection with any Country-Code Top Level Domain Name (“ccTLD”) for any sanctioned country.
C. You must provide valid and current contact information when you register to use the Service, and must keep the information updated as it changes. You should provide an email address that is different than a domain you are hosting with us, in case that account is ever suspended and we need to reach you about it. If there is ever an issue where we need to contact you (such as server outage, a legal violation that has been reported, etc.), we will use the email address that is on file for you. It is your responsibility to keep this information updated with us. If we discover that you have provided false contact information to us, we reserve the right to terminate your account.
D. You agree to keep your payment information (such as credit card) updated on your account. In the event that your credit card on file cannot be charged for the recurring fees for the service when due, please be advised that your account could be suspended. We will make reasonable efforts to notify you if your credit card on file has failed to give you an opportunity to provide updated credit card information.
E. You agree to be solely responsible for backing up the data for your account(s) that are hosted on the Service. We do not warrant that we back up any of your data. We are not liable for any loss that results from your failure to back up your data in the event that it needs to be restored later for any reason.
F. You agree to be solely responsible for all activities that occur using your account(s) that are hosted on the Service. You are also responsible for maintaining the security of your account, and should maintain your user name and password in confidence.
G. You agree that you are solely responsible for complying with any state of federal laws that govern the security and privacy of personal data, such as medical or other sensitive data. You agree and understand that the Service may not be appropriate for storing or managing such sensitive data, and that you are strictly prohibited from using the Service to store protected health information as defined under the federal Health Insurance Portability and Accountability Act (HIPAA). We do not monitor or control the data that you choose to store or transmit through the Service, but reserve the right to terminate your account immediately if we discover a violation of these terms.
You also agree to comply with the Acceptable Use Policy in your usage of the Service.
3. PAYMENTS AND REFUNDS
Unless otherwise specified when you place your order, you agree that until such time as you cancel the Service, you shall be billed the applicable subscription fee for the Service on a recurring basis to your credit card or Paypal account on file. You shall owe the applicable subscription fee regardless of whether you fully utilize your Service limits.
To cancel your account completely please send your cancellation request to support@entrecloud.com
You will be credited a prorated amount if you cancel your account before the billing cycle is complete.
There are NO refunds available for the Service, but you are free to cancel the Service at any time by following the cancellation instructions noted above.
4. LICENSES GRANTED
Upon approval of your account by COMPANY, you are hereby granted a non-exclusive right to use the Service for hosting one or more web sites while your account remains in good standing with COMPANY.
You hereby grant to COMPANY a non-exclusive, royalty free, worldwide right and license to: (a) use, publicly display, publicly perform, reproduce, modify, translate, excerpt, publish and distribute user content posted by you or users of any of your web sites hosted through the Service; (b) make back-up copies of user content and user web sites. Except for the rights expressly granted herein, COMPANY does not acquire any right, title or interest in or to the user content.
5. TERMINATION
COMPANY reserves the right, in COMPANY’s sole discretion to terminate your access to the Service at any time, with or without notice, including, but not limited to as a result of your violation of these Terms and Conditions, or any law. Upon termination of your account by COMPANY, any and all rights granted to you by this Agreement shall be immediately terminated, and you shall immediately discontinue your usage of the Service. Upon termination of your account by you (such as if you no longer need the Service), any and all rights granted to you by this Agreement shall terminate on the last day that your recurring subscription is paid through.
Furthermore, once termination is effective, the information associated with your account may be forfeited and/or destroyed. In the event of termination by COMPANY, COMPANY may provide you with prior notice that COMPANY intends to terminate your access to the Service if such notice will not be in opposition to the purposes of these Terms and Conditions in COMPANY’s sole discretion.
Company extends to its customers a 30-day money back guarantee that it offers fully at it’s own discretion.
If you request a full account cancelation before account after 30 days you forfeit your right to any prorated credit. Company will honor its claim of a 30 day money back guarantee at its sole discretion, if it is believed you have abused Company for temporary use of a free service no refund will be given.
All provisions that by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. INTELLECTUAL PROPERTY
You acknowledge and agree that the Service and this web site may contain content that is provided by us, our partners, or our users, and such content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree to maintain all copyright notices, information, and limitations related to any content that you access through the Service. Furthermore, except as expressly authorized by COMPANY or the applicable owner of the respective content, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us as described in Section 8.
7. THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet. These third party sites may contain information or material that some people may find inappropriate or offensive. These third party sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
8. CONTACTING US
If you need to contact us for support, you can email us at: support@entrecloud.com
If you need to contact us for something involving a legal issue, such as a DMCA copyright infringement takedown notice, please click here for our
9. DISCLAIMER OF WARRANTIES
THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY REGARDING THE SERVICE (A) FOR ANY DATA LOSS, LOSS OF PROFITS, OR COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, (B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, (C) FOR ANY VIRUSES, TROJAN HORSES, BUGS, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO COMPANY FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF COMPANY HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMPANY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICE, OR ANY CONDUCT OF COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies and providers harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from or relate to your (or any third party using your account or identity in the Service) access to or misuse of the Services or Content, that violate these Terms and Conditions, that violate any law, or that infringe the intellectual property rights of another company or person. COMPANY reserves the right to have exclusive defense and control of any matter that is otherwise required to be indemnified by you, in which event you agree to assist and cooperate with COMPANY in asserting any available defenses.
12. ENTIRE AGREEMENT / SEVERABILITY AND INTEGRATION
This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Service.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
13. JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. You hereby consent to binding arbitration in the State of Texas to resolve any disputes arising under this Terms and Conditions.
