Terms of Service

Overview:

We (the folks at CloudCannon) run a Website hosting service called CloudCannon (cloudcannon.com and *.cloudcannon.com) and would love for you to use it. Our service is designed to get your Website online as quickly and easily as possible. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

If you find a CloudCannon site that you believe violates our Terms of Service, please let us know on our support pages.

Terms of Service: The following terms and conditions govern all use of the CloudCannon Website and all content, services and products available at or through the Website. The Website is owned and operated by Cloud Cannon Limited. (“CloudCannon”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CloudCannon’s Privacy Policy) and procedures that may be published from time to time on this Site by CloudCannon (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CloudCannon, acceptance is expressly limited to these terms and conditions. The Website is available only to individuals who are at least 18 years old.

  1. Your CloudCannon Account and Site. If you create a Website on CloudCannon, you are responsible for maintaining the security of your account and Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must immediately notify CloudCannon of any unauthorized uses of your blog, your account or any other breaches of security. CloudCannon will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your Website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your Website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Website’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CloudCannon or otherwise.
  3. By submitting Content to CloudCannon for inclusion on your Website, you grant CloudCannon a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, CloudCannon will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  4. Without limiting any of those representations or warranties, CloudCannon has the right (though not the obligation) to, in CloudCannon’s sole discretion (i) refuse or remove any content that, in CloudCannon’s reasonable opinion, violates any CloudCannon policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CloudCannon’s sole discretion. CloudCannon will have no obligation to provide a refund of any amounts previously paid.
  5. CloudCannon has a soft limit for the number sites a customer is allowed under our "Unlimited site" plans. This is in place to prevent abuse. CloudCannon will increase this limit for legitimate usecases.
  6. CloudCannon also has a soft limit on the amount of bandwidth used on sites. For regualar customers, this is not something to worry about. Only illegitimate users have reached this limit.
  7. The services CloudCannon provides are for the purpose of business, and therefore is not governed by the Consumer Guarantees Act.
  8. Payment and Renewal.
    • General Terms. Optional paid services such as extra Websites are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay CloudCannon the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
    • Automatic Renewal. Unless you notify CloudCannon before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
  9. Responsibility of Website Visitors. CloudCannon has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CloudCannon does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CloudCannon disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  10. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and webpages to which CloudCannon links, and that link to CloudCannon. CloudCannon does not have any control over those non CloudCannon Websites and webpages, and is not responsible for their contents or their use. By linking to a non CloudCannon Website or webpage, CloudCannon does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CloudCannon disclaims any responsibility for any harm resulting from your use of non CloudCannon Websites and webpages.
  11. Copyright Infringement and DMCA Policy. As CloudCannon asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CloudCannon violates your copyright, you are encouraged to notify CloudCannon. CloudCannon will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CloudCannon will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CloudCannon or others. In the case of such termination, CloudCannon will have no obligation to provide a refund of any amounts previously paid to CloudCannon.
  12. Intellectual Property. This Agreement does not transfer from CloudCannon to you any CloudCannon or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CloudCannon. CloudCannon, CloudCannon, and all other trademarks, service marks, graphics and logos used in connection with CloudCannon, or the Website are trademarks or registered trademarks of CloudCannon or CloudCannon’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CloudCannon or third-party trademarks.
  13. Changes. CloudCannon reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CloudCannon may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. CloudCannon may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CloudCannon account (if you have one), you may simply discontinue using the Website, we also provide a way to delete your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided “as is”. CloudCannon and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CloudCannon nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will CloudCannon, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CloudCannon under this agreement during the twelve (12) month period prior to the cause of action. CloudCannon shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the CloudCannon Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless CloudCannon, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Newsletter. By signing up to CloudCannon you are agreeing to be added to our mailing list. We will send you product updates, news and tips from time to time. You can unsubscribe at anytime by clicking the unsubscribe link at the bottom of any newsletter we send out.
  20. Refunds. CloudCannon does not allow refunds. If you downgrade or cancel your account during the month we will credit your subscription for the unused peroid.
  21. Miscellaneous. This Agreement constitutes the entire agreement between CloudCannon and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CloudCannon, or by the posting by CloudCannon of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CloudCannon may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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