Terms of Service
Our agreement
GodlyCloud, the company hereafter referred to as ("GodlyCloud"), ("Us"), or ("We") maintains this website and all Services ("Service") it provides.
1: Conditions
1.1 By purchasing any of the Services and opening an Account ("Account") with us, The Client ("Client"), ("You"), ("Customer") agrees to be bound by all of our legal agreements (including the Terms Of Service and Privacy Policy). These terms and conditions apply to all GodlyCloud Accounts.
2: Services
2.1 You agree that GodlyCloud is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. GodlyCloud is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of any applicable law.
2.2 From time to time GodlyCloud needs to carry out maintenance on the network, which may involve temporarily shutting parts of it down. GodlyCloud will give as much notice as possible and shall try to keep this work to the period specified in the notice. GodlyCloud accepts no liability whatsoever arising from such a suspension of the Service.
2.3 GodlyCloud is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, Service interruptions or by errors or omissions of the Customer.
2.4 GodlyCloud is not responsible for any losses suffered resulting from force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
3: Banned Content
3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. The list of banned content includes, but is not limited to the following:
(A) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(B) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
(C) HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
(D) Defamatory content - Any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
(E) Bit Torrents - Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes contained in Banned Content may have their Account terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify GodlyCloud against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by GodlyCloud in consequence of the Customers breach or non-observance of this in Banned Content.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against GodlyCloud arising from breach or breaches of Banned Content.
3.6 GodlyCloud may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide GodlyCloud with the assistance necessary to defend such claims, at the Customer's sole expense.
4: Domains
4.1 You agree and understand that we are not the domain registrar therefore we do not have our own nominet tags or NIC tags.
4.2 We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details.
5: Adult Content
5.1 We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
6: Abuse
6.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our Clients' Accounts.
6.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
6.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade).
6.4 Denial of Service (DOS) or Distributed Denial of Service (DDOS) attacks directed at GodlyCloud, or any attempts to launch a DOS/DDOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
6.5 GodlyCloud reserves the right to disable/delete any feature or application provided on shared hosting Service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.
6.6 If you are in any way disrespectful towards any member of the GodlyCloud staff we have full right to terminate your Account with us without any refund.
7: Bandwidth
7.1 If your Account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won't be exceeded again or upgrade your Account, whichever is earlier. The Account can then be reactivated.
8: Commercial Advertising & Spamming
8.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is strictly prohibited and will qualify your Account for immediate deactivation with no refund. GodlyCloud would be the sole arbiter as to what constitutes a violation of this Clause.
9: Affiliate Commissions
9.1 Affiliates cannot earn commission on the purchase of their own Website Hosting Account and/or purchases made on their own billing Account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal Account, you will not be entitled to receive any affiliate commission.
10: Backups
10.1 GodlyCloud will use reasonable efforts to protect and backup data for Clients on a regular basis, however, GodlyCloud does not guarantee the existence, accuracy, or regularity of its backup Services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.
11: Billing
11.1 Invoices are generated 14 days before the official due date. Payment must be made by the due date to avoid the suspension of your Account. We reserve the right to remove all data on the Services and immediately terminate your Account if payment is not received by the official invoice due date.
11.2 We accept monthly, quarterly, semi-annual & annual payments, although these can vary depending on the Service.
11.3 No grace period is given to active Accounts, only on the first order. They will be suspended on the 3rd day of the Account being past due. A notification email is sent informing the Customer about the hosting Service being suspended.
11.4 Accounts terminated due to any hosting violation, breach of our policies (Terms of Service & Privacy Policy) are not entitled to any sort of refund whatsoever. Instances where GodlyCloud has had to delete or terminate Accounts (after having evidence to substantiate the charges / violations) due to complaints of copyright infringement, Internet watchdog complaints would also not be entitled for any refund at all.
12: Refunds & Money Back Guarantee
12.1 We have a 24 hour money back guarantee period on our shared Services, including but not limited to VPS (virtual private servers) and website hosting. In this time the Customer is free to cancel their Service & claim a refund of the charges paid. Dedicated Servers, Service Add-ons, and domains are NOT refundable under any circumstances. Refunds to gateway and the 24 hour money back guarantee are only applicable for Customers with first time Services.
12.2 Refunds to the gateway of which the payment was made is completely at GodlyCloud's discretion.
12.3 All refunds that are not processed to the gateway will be applied to your GodlyCloud Account as a credit balance.
12.4 If a cancellation request is received within 6 to 0 days before the renewal date, this cancellation request will be effective on the following billing cycle and charges for the current month will apply.
13: Chargebacks
13.1 GodlyCloud does not allow chargebacks to occur to its merchant Accounts and contracts with any credit card supplier internationally. It is not recommended to initiate a charge back hence the customer agreed to the billing policies (this document) and the terms and conditions outlined in this document and GodlyCloud will use this document and customer agreements at the time of the order to wholeheartedly fight a chargeback dispute.
13.2 It's GodlyCloud's discretion to delete, terminate or suspend a Service as soon as a chargeback is initiated, it's also GodlyCloud's discretion to initiate communication on any of GodlyCloud.com communications with a Customer if a chargeback has been filed.
13.3 GodlyCloud will use all methods of communication to the gateway and or credit card supplier to communicate with the Customer after a chargeback has been initiated.
13.4 Any chargeback dispute will immediately result in suspension of the Account and another charge will be applied to the Customer to resume Services after the chargeback process is complete. Any Customer, who provides a credit card chargeback in response to a bill and/or order placed at GodlyCloud, will be subject to collections and legal action.
13.5 Chargebacks are never an acceptable means of attaining a refund. By ordering a Service from GodlyCloud you are bound by these terms and conditions and must follow and agree to them.
14: 3rd Party
14.1 GodlyCloud is not responsible for any actions taken by a 3rd party such as Control Panel Developers, Hardware Manufacturers and anything else that would apply as a 3rd party interaction.
14.2 If a 3rd party causes any issues that affects our Service to you which is beyond our control, GodlyCloud is not responsible for any Service related issues.
14.3 If a 3rd party fails in some form, GodlyCloud is not responsible for Service related issues.
14.4 If a 3rd party has ultimate control over the Service that we provide you, GodlyCloud is not responsible for any Service related issues.
14.5 If any Service related issues do occur of which this issue is directly from the 3rd party interaction, the Customer is not entitled to a refund in any such way as GodlyCloud is not responsible for their actions.
15: Service Security
15.1 GodlyCloud is not responsible for the restoration of data. If hardware failure is experienced and subsequent data loss occurs, Client is ultimately responsible for data restoration. GodlyCloud shall not be liable for loss of data under any circumstances.
15.2 GodlyCloud does not take responsibility for the overall security of the Service. If any Services are compromised in any way, GodlyCloud reserves the right to immediately audit the Service and server. GodlyCloud reserves the right to cancel the Service if any of the Services are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee will be incurred in respect to any security related work performed due to any such Service being compromised by negligence on the part of the Client.
16: Account Security
16.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
16.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
16.3 Sharing your password and Account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
16.4 Attempting to obtain another Client's Account password is strictly prohibited, and will result in termination of Service.
16.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
16.6 You may not attempt to circumvent user authentication or security of any host, network or Account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
16.7 You may not attempt to interfere with Service to any Client, host or network or carry out DOS/DDOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a Service, and attempts to "crash" a host.
16.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. GodlyCloud will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
17: Control Panels
17.1 Our support team will assist you with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end. Basic tasks that can be managed from the control panel are expected to be resolved from the Customer's end only.
17.2 You will need to upload your website from your end using a file manager or FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, and Parked domains which should be setup from the Client's end only.
18: Effect of Termination
18.1 On termination or expiry of your Account for whatever reason you shall pay all outstanding pending sums on your Account to GodlyCloud within 14 working days.
19: Modification of Terms of Service
19.1 GodlyCloud reserves the right to modify or change these Terms of Service at all times. All Customers are bound by the latest Terms of Service published on this website.
20: Indemnity
20.1 The Customer agrees that it shall defend, indemnify, save and hold GodlyCloud harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against GodlyCloud, its agents, its Customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
21: Limitation of Liability
21.1 GodlyCloud disclaims all liabilities in connection with the following:
(A) Loss of material uploaded.
(B) Incompatibility of the Services with any of the Customer's equipment, software or telecommunications links.
(C) Unsuitability, unreliability or inaccuracy of the Services.
(D) Technical problems including errors or interruptions of the Services.
(E) Any security breaches whatsoever affecting the Customer's Account.
21.2 In no event shall GodlyCloud be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
21.3 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.
22: Promotions
22.1 The length of a promotion, or the discount offered via the promotion may change at any time.
22.2 It is GodlyCloud's discretion as to whether or not a discount is valid on a Service.
This document was last modifed on January 16th, 2017.