Terms of Service
Last Update Abril 23 2022
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These terms of service are entered into by and between you (“you”, “your”, “customer”, or “subscriber”) and UNO Datacenters, Inc (“RemarkableCloud“, “we”, “our”, or “us”). In addition, the following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms of Service”) govern your access to and use of our websites, including remarkablecloud.com, resellersolution.com jonashosting.com (including all subdomains including but not limited to manager.remarkablecloud.com, manager.resellersolution.com, and manager.jonashosting.com, including any content, functionality, and our website hosting and other services offered on or through our websites (collectively, including our websites, the“Services”).
You should review these Terms of Service thoroughly and carefully as this agreement contains provisions that limit our liability, describe restrictions on your use of the Services, explain payment and refunds, and address how disputes are to be resolved, among other important provisions. By using any Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you are using the Services on behalf of a legal entity, then you also represent and warrant that you have full authority to bind that legal entity to these Terms of Service, and references to “you” shall mean, jointly and severally, both you as an individual and the legal entity named in the registration process, if any. If you do not want to agree to these Terms of Service, you must not access or use our Services.
Our Services are offered and available to users who are 18 years of age or older and where use of our Services by you is permitted under the law of your jurisdiction. By using the Services, you represent and warrant that you are of legal age to form a binding agreement with us and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
Updates to Terms of Service.
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Services after that. RemarkableCloud reserves the right to amend any or all of the policies and guidelines described in these Terms of Service, including our Acceptable Use Policy (AUP) https://remarkablecloud.com/legal/acceptable-use-policy/. We also retain the right to increase any pricing and change our plans and services not yet been paid. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction, Arbitration, and Limited Time to Files Claims sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our websites. Your continued use of the Services following the posting of the revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time to be aware of any changes, as they are binding on you.
Processing Data Provided by our Customers
Customers for whom we provide hosting, domain registration, and/or data storage services for their websites are responsible for the data they or their end-users make available through their websites (“Customer Data”). We do not process the Customer Data except as part of providing our Services to the Customer (including for troubleshooting and security purposes, as instructed to do so by the Customer, or if required by applicable law. As described in our Privacy Statement, we do not determine what data our Customers process through our service, we do not control how those Customers process that data, and our core activities do not consist in regular and systematic monitoring of data subjects on a large scale nor do they consist of processing on a large scale of “special categories” of data or personal data relating to criminal convictions and offenses, according to the EU General Data Protection Legislation (“GDPR”). If Customer inputs or upload to the RemarkableCloud platform their Customer Data, including personal information subject to the GDPR, the Data Processing Addendum (“DPA”) is available here https://remarkablecloud.com/legal/data-processing-addendum/ shall apply to both Customer and RemarkableCloud with respect only to such processing of Customer Data. In the event of any conflict between the DPA and this agreement (excluding the DPA), the terms of the DPA shall apply solely with respect to and the extent of such conflict. Customer agrees that the input or upload of Customer Data to our Services may constitute a transfer of data to a country that is not considered to have an adequate level of protection under the GDPR, including the United States. Should this be the case, the Customer undertakes that it has received and can demonstrate that is has received the necessary consents and authorisations for the transfer of the personal data. If the Customer does not wish to rely on consent as the lawful basis of transfer, it may contact RemarkableCloud at [email protected] and RemarkableCloud will provide a set of standard contractual clauses that have been approved by the EU Commission for application in the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
You are solely responsible for ensuring that RemarkableCloud meets your security needs and that you select the appropriate security options provided to you, based on the data that you choose to upload to the RemarkableCloud Service (including any Customer Data). If you have questions it is your obligation to contact RemarkableCloud to address any concerns, or not use the RemarkableCloud Service.
Accessing the Services and Account Security
You are responsible for:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your account with us are aware of these Terms of Service and comply with them.
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information.
You are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access your RemarkableCloud account and Services. We highly recommend using strong passwords and enabling two-factor authentication on your RemarkableCloud accounts. These links provide instructions on using two-factor authentication for your RemarkableCloud account management account and your Control Panel account.
All activity that occurs under your username and password will be considered done by you, and you bear sole responsibility for that activity. RemarkableCloud is not responsible for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, whether due to your own negligence or any other reason.
You agree to notify us immediately of any unauthorized access to or use your username or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
RemarkableCloud performs automated scans for malicious files and known exploits on all servers. We reserve the right to immediately quarantine and/or remove any malicious files found on our network that can harm the reputation of any servers, IP address space or any transmissions to/from our network for customer services. In the event malicious content is found on an account, you, the customer, will be notified by our abuse department. This includes, but is not limited to exploited plugins, themes and any web applications that are actively engaging in malicious activity.
Zero Tolerance Abuse Policy.
RemarkableCloud has a zero-tolerance policy for abuse towards our staff. No matter the severity of the situation, all staff members are required to act in a professional manner. Abuse towards a staff member is a direct violation of this agreement and a basis for immediate account termination at RemarkableCloud’s sole discretion. Examples of abuse are but are not limited to, damaging, defamatory, harassing, abusive or threatening language.
Acceptable Use Policy (AUP)
You are responsible for ensuring that your use of the Services, and the use of the Services by your employees, agents, independent contractors, and representatives as well as by your customers/end users (e.g., via the use of your website hosted by us), complies at all times with our then-current Acceptable Use Policy. The current version is available here https://remarkablecloud.com/legal/acceptable-use-policy. Full compliance with the AUP is a material obligation and is incorporated into these Terms of Service.
You are solely responsible for any material, content, and other data that you process through our Services, including Customer Data. You are also solely responsible for compliance with these Terms of Service and applicable law concerning any such material, content, and data.
Intellectual Property Rights; Limited License to RemarkableCloud Software
RemarkableCloud retains all rights, title, and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) related to the service. The rights granted to you to use the service under these Terms of Service do not convey any additional rights in the service, or ownership of any Intellectual Property Rights associated therewith.
You are solely responsible for any data you upload to our services. You hereby grant RemarkableCloud a non-exclusive, royalty-free right to host your data. You may not upload, post, or otherwise make available through the service any material protected by copyright, trademark, or any other proprietary right without first having obtained all rights, permissions and consents necessary to make such content available on or through the service. The burden of determining whether any content is protected by any such right is on You.
RemarkableCloud shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the service or otherwise use any suggestions, enhancement requests, recommendations or other feedback (“Feedback”) We receive from you. You understand and agree, however, that RemarkableCloud is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
RemarkableCloud is the copyright owner or licensee of the service, unless otherwise indicated. If you make use of the Services, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
RemarkableCloud and its product and service names, and logos used or displayed on the service are registered or unregistered trademarks of RemarkableCloud (collectively, “Marks”), and you may only use such Marks to identify yourself as a customer and user of the service upon our written consent. You may not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent RemarkableCloud, or our services or products. Certain trademarks may be owned by third parties and used by RemarkableCloud under license; no rights are granted to you with respect to any such third party trademarks.
Payment Information, Account Payment Terms and Recurring Billing
By the Account Activation Date or first day of each month, RemarkableCloud shall either:
debit the customer’s credit card (when such information has been provided by the customer); or
deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the customer, payment shall be remitted to RemarkableCloud by no later than the specified payment due date. RemarkableCloud shall be entitled to immediately terminate this agreement for customer’s failure to make timely payments. You will be provided with an invoice on a monthly basis. RemarkableCloud may assess a fee of $49.99 in the event of any charge back to the extent permitted by law and the credit card/payment card rules.
All credit cards are billed automatically on a monthly basis and you consent to recurring charges. The term that you signed up for (e.g., monthly, annually etc.) will renew automatically unless you log into your account and remove your credit/debit card information or if you are paying with PayPal you must log into your PayPal account and cancel your recurring subscription. It is the customer’s responsibility to ensure they have sufficient credit to cover this transaction.
Payment Reminder Email: The invoice is created 7 days before the due date. Overdue reminders are sent at 1, 5 and 9 days after the due date.
Payment Due Date: Your service due date is displayed on your account information details. You can view the due date at any time by logging into the Account Management Portal.
Non-payment suspension: Any account with a past due balance will be suspended 15 days after the current invoice due date and/or after a manual review at any time beyond the due date grace period (5 days). No exceptions unless an arrangement is made. Please note that overdue invoices apply at the account level and not the service level. If you have multiple services with overdue invoices on your account, you risk ALL services being interrupted until the account balance is brought current.
Non-payment Termination: Any account that has a past due balance will be removed from the RemarkableCloud servers on the 30th day after the invoice due date.
Card on file agreement: In the event you have a card on file, you agree the card on file will be used to settle any outstanding/overdue invoices that exist on the account in order to remain current. Upon review, the card on file may be charged beyond the original due date when overdue in order to bring the account current.
Service Reinstatement: If an account is terminated due to unpaid invoices, you will not be able to reinstate service under the existing account OR any new account until the overdue invoices are paid. Any reinstatement will be in our sole discretion. Accounts found in violation will be reviewed by our billing department and assigned the appropriate invoices.
RemarkableCloud may pursue collections in the event of any non-payment, including by assigning payment to a collections agency. You agree to pay any collections costs and/or attorneys fees due to your non-payment or other breach of these Terms of Service. Pursuant to our Privacy Statement, and in accordance with applicable laws, we may provide all relevant information, such as your email addresses, IP addresses, and relevant communications to payment processors, collections agencies, and attorneys, during a dispute in order to protect our rights.
Limited Money Back Guarantee and Service Refunds
We offer a limited 30-day Money back refund if, within 30 consecutive days you are not happy with our service, you may request to be issued a refund. Refunds will only be issued for Shared Hosting, Reseller Hosting and Cloud Server accounts only. This does not include licensing, services, domain names, SSL certificates, or dedicated servers. Please note, accounts that have had migrations performed by our staff may not be eligible for a refund.
Refunds are not automatically issued. Refunds MUST be requested by submitting a request to our billing department within 30 days of the service purchase date.
Billing Software Licenses
Website Migration Services
Email SPAM Filtering Services
Tech Labor Time
Service Setup Fees
Service Refunds: Service refunds are not issued on annual or longer plans after the first 30 day refund policy. Any refunds after 30 days can be applied as a credit at the sole discretion of RemarkableCloud. Refunds will not be provided for cancelling a service to obtain a discounted price on a new service. Service credits are eligible in the event of service related outages and all cancellations require a 7 day notice. We do not offer partial refunds and/or refunds on services that have passed the renewal date. Promotional discounts are limited time discounts reserved for new accounts.
On services that are retained on a monthly basis, refunds are not issued after the first 30 days. If your service is cancelled in between billing terms, the service will remain active until the end of the billing term. Any refunds after the 30-day period will be issued as service credit. In the event a payment is further made on the account, the account will remain active until the recent payment term has ended.
If your service includes value added services such as licenses or SSL certificates, the cost of these services may be deducted from any refund. If the value added services total more than the refund amount, the account will not be eligible for a refund.
Multiple Orders: As part of our refund policy, a refund is only available on your first order within the 30 day timeframe.
Pre-pay Account Funds (Add Funds): Refunds are not provided for adding funds to an account. Funds added to an account may be used for future invoices only.
Recurring Subscriptions: If you have a recurring subscription enabled through your PayPal account, it is your responsibility to remove the subscription. Please be aware that RemarkableCloud does not have access to your PayPal account to “charge” for a service. The PayPal subscription service is a customer-created and customer-configured option offered by PayPal.
Service billing & price increases
Periodically, circumstances may require certain new & existing services to undergo price changes. RemarkableCloud reserves the right & customer agrees to price changes reflected on the following billing term. For monthly services, changes would reflect the following months unpaid services. For annual & longer, changes would reflect the following renewal. In the event you have a PayPal recurring subscription, we may/may not be able to modify the existing subscription. Customer agrees that the subscription may be modified to match the service price & in the event it cannot be modified, a new subscription will need to be created. Failure to accept the new price(s) may result in service termination.
Domain price renewal & increases
From time to time a TLD (top level domain) may have its price increased. Renewal prices may be increased on your domain renewal if market pricing increases from our registrar.
Account Backup Services
You are solely responsible for maintaining backups.
Shared/Reseller Backups: As a courtesy, we provide backup retrieval for our customers using shared and reseller hosting for a limited period (e.g., up to 90 days). We highly recommend all customers keep their own, local copies of all data.
Self-managed Virtual Private Servers (VPS) DO NOT include backups. On managed Virtual Private Servers (VPS) we offer a courtesy backup retrieval (e.g., up to 7 days). We recommend all customers keep their own, local copies of all data. Alternatively, to increase business continuity, remote backup service and cloud storage) are available for an additional fee.
Backups Liabilities: Your use of the service is at your sole risk. Backups are provided in the outlined services above as a courtesy and our backup policy may change at any time. RemarkableCloud Systems is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RemarkableCloud Systems servers. We cannot be held liable should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. We suggest downloading said backups to an off-server location. You hold us harmless from any failure to maintain or provide any backups.
cPanel to cPanel Transfers: where is possible to move the accounts using cPanel Migration tools are free of charge, manual migrations or cpanel to cPanel migration that can’t be performed automatically are subject to a one-time fee of $20.00 per hour. This is a non-refundable fee once any data is moved.
DirectAdmin to DirectAdmin Transfers: where is possible to move the accounts using DirectAdmin Migration tools are free of charge, manual migrations or DirectAdmin to DirectAdmin migration that can’t be performed automatically are subject to a one-time fee of $20.00 per hour. This is a non-refundable fee once any data is moved.
Cross panel migrations are considered manual migrations and are subject to a one-time fee of $20.00 per hour.
Cloud and Dedicated Server migrations are considered case by case; please get in touch with Tech Support Team for a quote
Customized migrations and requests by the customer may also incur additional fees as outlined in the tech labor scope. (example: customer wants us to migrate only specific items as opposed to the whole cPanel account).
On average, the turnaround time for a migration is within 24-48 hours. This time can vary dependent on the amount of data required to move and the current number of migrations in our queue. Once assigned to a technician, said technician will estimate the time required.
Migration Limitations: While we can transfer most websites and hosting accounts in full without issue, certain providers do not allow access to all files such as emails. We will make all attempts to transfer all data however, in certain cases, we may not be able to transfer all data.
The included migration is an initial migration with the purchase of a hosting plan. Requested migrations after the initial migration will be subject to the normal fee schedule.
Additional Product Installations
RemarkableCloud offers product installations to help ease of use for our customers. RemarkableCloud cannot be held liable for any security breaches after the initial configuration due to non-maintained installations, 0-day vulnerability releases, unsecured/poorly written plugins, or adding additional services/features to the installation itself. These services are provided “as is” and RemarkableCloud is not responsible for any data loss in the event of a security breach under any circumstance.
Additional Product Support
RemarkableCloud makes all attempts to support the installation services offered for website solutions after the initial setup. Some areas may exceed the expertise of RemarkableCloud as a web hosting company. No guarantees will be made the RemarkableCloud can repair or customize your installation.
Included billing software: We will make a best effort to assist in troubleshooting any licensed software we include. Ultimately, all vendors provide support directly in agreement with our partnership. Any licensed software MUST only be used on RemarkableCloud’s networks. You may not use any licensed software included with our hosting plans on any other network per our partnership vendor agreement.
Please note: If your plan includes a licensed software, your software must be installed and active to avoid the license key being disabled. Unused license keys will be expired and must be requested to re-issue in the event the software is not used.
Hourly Tech Labor: Hourly tech time will be billed at $15 per 30 minutes with a minimum of 30 minutes required. Hourly tech time includes various tasks that can be performed that do not fall under our migrations or management scopes. This service is use at your own risk and tasks will be performed as best effort with no warranties or guarantees expressly stated or implied. Hourly tech time is not eligible for service refunds and the service to be performed is solely at the active technicians discretion.
Reseller & Resold domains, accounts & websites – sub-customer communication requirements
In the event a website, domain or account is abandoned, RemarkableCloud reserves the right to obtain proof of ownership for a website, domain or business to remove the domain/account from under any hosting account should the primary account holder be non-responsive. This means as an account holder, if you provide services to a 3rd party customer & they directly contact us due to not being able to reach you, we reserve the right to move the account/website/domain onto their own account in order to provide proper support.
As the account holder will be notified via a support ticket within your account that the customer is contacting us directly and the ensure a clear line of communication is provided. In the event we do not get a response within 72 hours, we reserve the right to verify ownership of the customer contacting us.
Promotions, Discounts and Coupons
Periodically RemarkableCloud will offer special promotions. By accepting to use a promotional item/code, you agree that the promotion is only good for the term specified. Once the promotion term is complete, normal billing rates will apply. You MUST request to cancel your services BEFORE the next billing cycle to avoid being charged normal billing rates. Unless otherwise noted, new customers are only eligible for utilizing a coupon. If a coupon is intended for current customer use, we will explicitly note the eligibility of the coupon. Promotional codes are valid for the plan/term/service specified only.
Discounts apply for new customers/new signups only. You may not cancel an existing account to create a new account using a discount – this is considered coupon/discount abuse. Any account found in violation will be reviewed by our billing department and the correct invoicing applied.
Alternatively, signing up for a new account with different account information such as email address, mailing address to utilize a discount will also be reviewed by our billing department. Promotional discounts are offered for new customers and are not valid for existing customers. Providing alternate account information to bypass our account screening processes will also result in the correct invoicing being applied to the account and may lead to RemarkableCloud not doing business with you.
Account Re-activation, Late Fees, Cancellation Notices and Service Terminations
Shared/Reseller: There are no reactivation fees if your account is suspended and currently still resides in a production hosting environment. If your account has been terminated due to non-payment or has been requested to be cancelled, we do not retain backups of any data past the termination date OR the cancellation confirmation. We do not store backups for terminated accounts and/or accounts that have been cancelled.*
* Your account may be stored still on our backups. We can attempt to recover the account from backups if available. All recovery & labor fees are non-refundable and are billed at our Hourly Tech Labor rate.
Virtual Private Servers: No reactivation fees will be required at this time. If your server is terminated and is a managed VPS we do not store backups once a VPS has been terminated. Your data may be stored still on our backups. We can attempt to recover the data from backups if available. All recovery & labor fees are non-refundable and are billed at our Hourly Tech Labor rate.
Cancellation Policy: All accounts require a 7 day cancellation notice before the following renewal date. Cancellations are required to be submitted from the account management portal from under your services. This is typically found by going to Services/Hosting > Choose your service to cancel > Request Cancellation. We do not accept cancellations via email or ticket and you MUST submit the cancellation request from under your services. Upon submitting the cancellation, you will be provided with a cancellation ID. This is to protect our customers from an unauthorized party emailing on their behalf and terminating the service. Please note that ALL services are billed as agreed unless the service is cancelled.
What if I stop using my hosting plan? The service will remain billable until specifically cancelled. We do not monitor services in this manner as we have no way outside of a cancellation request to determine if you intend to keep, remove or abandon the service.
Multiple services: If you have multiple services, a cancellation request is per-service. This means if you have two hosting plans and submit a cancellation request for only one, only that service will be cancelled. The second service not requested to be cancelled will continue to be a billable, active service.
How to submit a cancellation: To submit a cancellation request, first log into your account and navigate to Services > My Services > Your Service (click on your service to cancel) > Request Cancellation. The cancellation link is located in the left sidebar on the service page.
Resource Limitation & Specifications
Periodically, RemarkableCloud will audit resources of existing & future hosting plans and may, with or without notice provide adjustments within reason. This change may or may not and is not limited to adjustments from 3rd party services such as licensing restrictions, licensing cost increases or other items that may increase the cost to provide such services. This provision is to ensure RemarkableCloud can maintain an acceptable service level to existing & future customers.
Resources as defined as: storage, bandwidth, domains, sub-accounts on resellers, addon domains, email accounts, databases, email forwarders, iNodes, licensing, IP addressing & other items within the hosting control panel that have adjustable limitations.
Server, Network, Infrastructure Upgrades and Modifications
Periodically, RemarkableCloud will perform server, network and infrastructure upgrades to ensure our services are compatible, secure and to the latest industry standards. This includes hardware, software, networking practices and security policies. Upgrade procedures span from the server application level (such as PHP, Apache, LiteSpeed, CloudLinux etc.) to physical hardware including memory, hard drives, routing and switching components, storage and the like. Please note, as the owner and maintainer of the websites/applications hosted on your account with RemarkableCloud, you are responsible for ensuring that your website is kept up to date and is absent of compatibility issues, including issues related to the use of outdated, vulnerable or EOL software. In the event RemarkableCloud performs an upgrade for an EOL (End Of Life) suite, we cannot be held liable for incompatibilities within your web application.
We routinely test our servers and infrastructure for review on current configurations. During these testing periods, we may deem certain software to be incompatible going forward and at times may replace certain software. This means if we determine a software suite is no longer able to provide sufficient performance or the like, it may be replaced. In the event a software suite is replaced, we will make all attempts to ensure no “features” are removed that affect customer usability of the hosting platform.
Service Level Agreement (SLA)
The credits described below are your sole remedy and our sole obligation with respect to our failure to meet the commitments outlined in the applicable SLA.
Shared and Reseller Hosting: RemarkableCloud guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
Servers (VPS, Cloud Servers and Dedicated Servers): RemarkableCloud cannot guarantee 99.9% server uptime, but we can guarantee 99.9% network uptime in any given calendar month, for all VPS’s, Cloud Servers and Dedicated Servers.
If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
SLA Terms/Conditions / DDOS Policy: Credits are available only for future services/invoices and will not be issued as refunds.
All SLA credit requests MUST be submitted to the billing support department within a week of downtime.
The following circumstances are not eligible for service credits: Scheduled Maintenance windows, customer fault/error, issues with customer ISP, firewall blocks, misconfigured applications, incorrectly installed website software or any other website content. Our SLA policy refers to the uptime and availability of the server and network.
- SLA policy does NOT apply to services such as:
- Static IP Addresses
- Remote mySQL – any applications using mySQL should be hosted local to the server
- Websites resolving to temp. IP addresses (example: http://0.0.0.0/~username/)
- SSL Certificates
- Domain Registrations
- Domain Transfers
- Downtime due to service suspension
- Failure to update DNS records
- Increased latency due to DDOS Attacks
- Standard Scheduled Maintenance Window
SLA credits are issued at the discretion of RemarkableCloud. We will compare the dates/times submitted by the RemarkableCloud customer with internal monitoring systems, data and server graphing. We do not accept external monitoring services to claim SLA credits.
DDOS Mitigation: Please note, while we provide complimentary DDOS mitigation processes, if your website and/or server is continuously attacked, in some instances we may discontinue service. We will make all attempts to mitigate the attack however, if the attack directed towards your website and/or server begins to affect other customer accounts, it will be disabled. Mitigating DDOS attacks are a bandwidth and resource intensive process. We make commercially reasonable attempts to mitigate incoming DDOS attacks. During the process, there may be increased latency to servers and websites that could cause intermittent loss of connectivity and/or increased load times.
Standard Scheduled Maintenance Window: Times and dates are Saturday and Sunday from 12:00 EST to 05:00 EST. During these times we may perform routine maintenance that includes software and security updates, service restarts and rebooting of servers. You may experience brief interruptions of service during these times. This does not preclude us from performing maintenance at any other time when we determine this is required.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR FROM RemarkableCloud IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR FROM RemarkableCloud ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE RemarkableCloud NOR ANY PERSON ASSOCIATED WITH THE RemarkableCloud MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE RemarkableCloud NOR ANYONE ASSOCIATED WITH THE RemarkableCloud REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF BUGS OR OTHER DEFECTS, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
RemarkableCloud HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Without limiting the above disclaimers:
You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
RemarkableCloud WordPress installation and configuration services are provided to aid in the ease of use and protection of your WordPress website. We cannot be held liable for security breaches. The addition of plugins and features to your site after the initial work is performed greatly increases the chance of exploitation. All services are performed “as-is”.
Use of RemarkableCloud online form builder (JotForm) is strictly “at-your-own-risk”. While we strive to provide a secure environment, we do not recommend storing personal identifying and/or confidential information such as credit card numbers, social security numbers and such in the forms. In the event of a security breach, we cannot be held liable. RemarkableCloud provides the online form builder (JotForm) as an added feature.
RemarkableCloud cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any profits, actual or estimated, which a customer would have gained if their site was functioning. Certain services provided by RemarkableCloud are resold. Thus, certain equipment, routing, software and programming used by RemarkableCloud are not directly owned or written by RemarkableCloud. Moreover, RemarkableCloud holds no responsibility for the use of our customers’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as RemarkableCloud sees fit.
The information presented on or through the service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Services may include content and functionality provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation on Liability
IN NO EVENT WILL RemarkableCloud, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
RemarkableCloud’s liability arising out of or related to these Terms of Service (including any Services provided by RemarkableCloud hereunder) will not exceed the amount of fees you have paid to RemarkableCloud for the applicable Services during the prior 12 month period.
You agree to defend, indemnify and hold harmless RemarkableCloud, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, any acts or omissions of your customers/end users, and, except to the extent caused by our gross negligence, any use of the Services’ content, functionality, and products by you and your customers/end users.
Violations of This Agreement
Violations of these Terms of Service should be referred to [email protected] We endeavor to investigate all complaints promptly. Failure to follow any term or condition will be grounds for immediate account deactivation and can also lead to account removal without refund.
Governing Law and Jurisdiction
All matters relating to the Services, and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Miami and County of Dade although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party to enforce the covenants contained in these Terms of Service (or obtain any other remedy in respect of any breach of these Terms of Service) or arising out of or relating to the Services, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
At RemarkableCloud’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.
Limitation on Time to Files Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by RemarkableCloud of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the RemarkableCloud to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
RemarkableCloud has created this privacy statement in order to demonstrate our firm commitment to privacy. Please review our Privacy Statement here as it applies to your use of the Services: https://remarkablecloud.com/legal/privacy-policy.
It is the policy of RemarkableCloud to terminate accounts of repeat copyright infringers.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If You believe in good faith that content or material on made available on or through the Services infringes a copyright owned by you, you (or your agent) may send RemarkableCloud’s DMCA agent a notice requesting that the material be removed, or access to it blocked. This request should be sent to: [email protected]
The notice must be in writing and include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services should be sent to the address above.
Customers who receive a DMCA notification must respond within 72 hours or RemarkableCloud may suspend that Customer’s account without liability and Customer holds RemarkableCloud harmless from any such action.
Law Enforcement Cooperation
RemarkableCloud will cooperate fully with local and federal law enforcement as permitted or required by law and will provide customer information, subscriber documents, files, emails and any other documents based on advice of counsel.
Using RemarkableCloud’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. RemarkableCloud is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
All legal matters should be directed to: [email protected]
Modifications to these Terms of Service; Reservation of Rights
RemarkableCloud reserves the rights to modify these Terms of Service at any time upon posting the updated version. If you don’t agree with any material changes or updates we make to these Terms of Service, you must notify us of that fact by sending an email to us at [email protected] within thirty (30) days after the effective date of the change (“Effective Date“). Notifying us in this way will terminate the updated terms and conditions as to your use of the service and the terms and conditions that apply to you will be the terms and conditions in effect immediately before the change (unless the change made was made to comply with applicable law) and those terms and conditions will be in effect until (i) the end of the then-current term of your subscription prior to your next payment due date (e.g., the end of the current month if your subscription is month to month), or (ii) the date we cancel your account if we decide to cancel your account and offer a pro-rata refund ((i) or (ii) the “End Date“). Unless you notify us within 30 days as set forth above, your continued use of the service after the Effective Date will be deemed an acceptance of these changes and a renewal and extension of the Terms in effect at the Effective Date. Notwithstanding the foregoing, any changes to these Terms of Service will not apply to any pending dispute between you and us arising prior to the date on which we posted the revised version of these Terms of Service incorporating such changes or otherwise notified you of such changes.
RemarkableCloud reserves the right, as stated herein and to the extent permitted by applicable laws, to:
Refuse, cancel or suspend service, at our sole discretion as stated above
Access customer accounts located on RemarkableCloud servers or systems for troubleshooting, investigations and compliance audits