Terms of Service

Cloud by IX's primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, Cloud by IX agrees to deliver the agreed upon services, as declared in the "New Account" confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Cloud by IX's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Cloud by IX's TOS and also to Tucows Master Services Agreement attached hereto as Exhibit A and incorporated herein by reference. Cloud by IX reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.

  1. Renewals and Refunds
    1. Notice for Customers Making Payment with Alipay
    2. Domain Registrations
    3. Renewal Procedure
    4. Ancillary Products
  2. 99.9% Uptime Guarantee
  3. Use of Website
    1. Prohibition of Adult Content
    2. Prohibition of Protected Healthcare Information
    3. Prohibition of Offensive Behavior
    4. Age Requirements on Purchases
    5. Intellectual Property Provisions
  4. SPAM and Unsolicited Commercial Email (UCE)
  5. Prohibited Scripts and Applications
  6. Payment
  7. Failure to Pay
  8. Account Cancellation
  9. Subscriber Acknowledgement
  10. Change of Nameservers
  11. Support Boundaries
  12. Network
    1. IP Address Ownership
    2. System and Network Security
    3. Use of Dedicated IPs
    4. Network Access - SPAM or Denial of Service Complaints
  13. Suspension of Service or Cancellation
  14. Miscellaneous Provisions
  15. Disclosure to Law Enforcement
  16. Indemnification
  17. Severability
  18. Applicable Law
  19. Prohibited Persons (Countries, Regions, Entities, and Individuals)
  20. Data Integrity
  21. Cloud by IX - Transfer Services
    1. Ordering Process
    2. Required Information
    3. The Transfer Process
    4. Non-disclosure of Confidential Information
    5. Refund Policy
    6. Limited Liability
  22. Cloud by IX - Additional Services

I. Renewals and Refunds

A. Notice for Customers Making Payment with Alipay

Alipay is a third-party payment service that is offered as a convenience to our customers. Alipay mandates that all transactions have a 90-day time limit for all merchant-issued refunds. For this reason, customers who submit their payment with Alipay are not eligible for any credits or adjustments provided beyond the first 90 days of service.

When Alipay is used to fund a Cloud by IX cloud hosting product, the product will default to Deposit Billing and will require an initial deposit of $20.

B. Domain Registrations

Cloud by IX utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Cloud by IX, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Cloud by IX. New domains may be cancelled and receive a full refund only within the first 24 hours after placing an order. This grace period only applies to new domain name registrations and is not applicable for domain renewals. If you cancel your Cloud by IX service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through Cloud by IX or through the Registrar. Domain names are only registered for a finite period of time.

Upon becoming a domain customer of Cloud by IX, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.

If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may elect to post a parked page and/or revise the "Whois" registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.

ICANN's Registrant's Benefits and Responsibilities
ICANN's site for registrant education

C. Renewal Procedure

We strive to prevent service interruptions or loss of service for you and so all service renewal settings are set to be automatically renewed to prevent these occurrences.

When Alipay or Paypal is used to fund a Cloud by IX cloud hosting product, the product will default to Deposit Billing. When a credit card is used to fund a Cloud by IX cloud hosting product, the product will default to Incremental Billing, but can be changed to Deposit Billing once the order is validated and processed.

With Incremental Billing, we bill your selected payment method when the threshold amount is met or 30 days have passed, whichever occurs first. The increment amount starts at $20. Once that amount is met, the assigned payment method is debited and the increment increases to $50. If $50 is met, the next increment will increase to $100. If the selected threshold amount is not met nor exceeded, we will bill the assigned payment method for the Cloud by IX cloud hosting product every 30 days. If the $100 threshold is met, we will bill the assigned payment method for the Cloud by IX hosting product every time $100 of usage has been met. Once the $100 threshold has been met, you may change the threshold to another amount for ease of use.

Deposit Billing requires a deposit, then daily usage is deducted from that deposit. If you switch to Deposit Billing and if you also fail to manually add funds to your account before it expires, you may experience a service interruption or a complete loss of service and you acknowledge and agree that we will not be liable for any losses to you or any third party arising out of such service interruption or loss.

D. Ancillary Products

Cloud by IX may, from time to time, offer customers the option to add services to their account (e.g. SiteLock) and shall pass along, to its customers, the terms under which the product is sold or subscribed. For example, if the terms of sale include no refund on an early termination, the customer shall receive no refund from either Cloud by IX or the product vendor in the event of an early termination by customer.

Site Builder

A subscriber may cancel their Site Builder product at any time online via the product’s settings in their account control panel. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription. Account resumption is possible via the same settings menu. Refunds for Site Builder are not provided.

II. 99.9% Uptime Guarantee

Cloud by IX guarantees that your account will be accessible at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime and service uptime. It does not cover any areas where Cloud by IX has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and Cloud by IX data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Cloud by IX cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via Cloud by IX's "Contact Us" form located at this URL:
If requesting a "service credit" we ask that subscriber briefly explains the reasons for doing so.

III. Use of Website

A. Prohibition of Adult Content

Subscribers of Cloud by IX's services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

B. Prohibition of Protected Healthcare Information

Subscribers of Cloud by IX's services are prohibited from creating, receiving, maintaining, transmitting and/or having access, custody or control of any Protected Healthcare Information as defined under the Health Insurance Portability and Accountability of 1996 Act ("HIPAA").

C. Prohibition of Offensive Behavior

Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

D. Age Requirements on Purchases

All subscribers must be of adult age in the subscribers' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

E. Intellectual Property Provisions

Subscribers of Cloud by IX's services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).

All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

IV. SPAM and Unsolicited Commercial Email (UCE)

Cloud by IX takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Cloud by IX may not use, or permit others to use, our network to partake in UCE distribution. Customers of Cloud by IX may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Cloud by IX will initiate an immediate investigation. During the investigation, Cloud by IX may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Cloud by IX may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Cloud by IX reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cloud by IX will notify law enforcement officials if the violation is believed to be a criminal offense.

V. Prohibited Scripts and Applications

Cloud by IX strictly prohibits the use of certain scripts and applications such as Proxy, SSH, Telnet, torrent servers or any other script or application which may overwhelm network resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script or application is found to be in violation of this clause, or is found to be overwhelming network resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

VI. Payment

Establishment of this service is dependent upon receipt of payment of stated charges by Cloud by IX. Cloud by IX offers two different payment methods, Incremental Billing and Deposit Billing.

With Incremental Billing, we bill your selected payment method when the threshold amount is met or 30 days have passed, whichever occurs first. The increment amount starts at $20. Once that amount is met, the assigned payment method is debited and the increment increases to $50. If $50 is met, the next increment will increase to $100. If the selected threshold amount is not met nor exceeded, we will bill the assigned payment method for the Cloud by IX cloud hosting product every 30 days. If the $100 threshold is met, we will bill the assigned payment method for the Cloud by IX hosting product every time $100 of usage has been met. Once the $100 threshold has been met, you may change the threshold to another amount for ease of use.

With Deposit Billing, the subscriber may add additional funds to their account at anytime.

When Paypal is used to fund a Cloud by IX cloud hosting product, the product will default to Deposit Billing and will require an initial deposit of $20. Once the order is validated and processed, this amount will be deposited in and the product can be changed to Incremental Billing, if desired.

If non-refundable credits are applied to your Cloud by IX cloud hosting product, they will only be applied after the order is validated and processed. Calculated usage (excluding support upgrades) for Cloud by IX Cloud Hosting products will be debited from these non-refundable credits on a daily basis until the credit is depleted. Once all non-refundable credits are depleted, billing will occur as described above.

VII. Failure to Pay

Cloud by IX may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

VIII. Account Cancellation

A subscriber may cancel his account at any time online via his account control panel's "Billing Options". If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Cloud by IX could improve service. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.

IX. Subscriber Acknowledgement

Subscriber acknowledges that in the event of a merger, acquisition or sale of all or a portion of Cloud by IX assets, your account, products and services may be transferred as part of the transaction and no consent of such transfer is required.

Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Cloud by IX and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Cloud by IX shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Cloud by IX.

Subscriber further acknowledges that the Cloud by IX's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Cloud by IX be liable for any special or consequential damages, loss or injury.

X. Change of Nameservers

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Cloud by IX's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Cloud by IX on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.

XI. Support Boundaries

Some of Cloud by IX services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of subscriber's website or the services to which you subscribe.

XII. Network

A. IP Address Ownership

If Cloud by IX assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Cloud by IX and the subscriber shall have no right to use that IP address except as permitted by Cloud by IX. Cloud by IX shall maintain and control ownership of all IP numbers and addresses, in accordance with ARIN rules and guidelines, which may be sub-assigned or allocated to subscribers by Cloud by IX. Cloud by IX reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

B. System and Network Security

Subscribers or any network users are prohibited from violating or attempting to violate the security of Cloud by IX's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Cloud by IX will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

  1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which subscriber is not entitled.

C. Use of Dedicated IPs

Subscriber agrees to use dedicated IP addresses for application, database, email, and other hosting services. Prohibited uses of IP addresses includes but are not limited to proxy servers, file sharing services, or other services that may impact shared network resources. If a IP address is found to be in violation of these conditions, Cloud by IX reserves the right to restrict access to the IP address.

D. Network Access - SPAM or Denial of Service Complaints

Cloud by IX reserves the right to drop, suspend or terminate services for the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet, or for which such IP space has become blacklisted. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. Cloud by IX will contact the subscriber as soon as it is feasible.

XIII. Suspension of Service or Cancellation

Cloud by IX reserves the right to suspend network access to any subscriber if in the judgment of Cloud by IX, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Cloud by IX deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete.

Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.

XIV. Miscellaneous Provisions

Subscriber must provide Cloud by IX real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

  1. Cloud by IX takes no responsibility for any material placed on its network by others. Cloud by IX is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Cloud by IX disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
  2. Furthermore, Cloud by IX reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.

XV. Disclosure to Law Enforcement

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Cloud by IX may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.

XVI. Indemnification

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XVII. Severability

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XVIII. Applicable Law

This TOS is subject to the governing laws of the State of Ohio. Courts of competent jurisdiction in Columbus, Ohio shall hear and decide any disputes.

XIX. Prohibited Persons (Countries, Regions, Entities, and Individuals)

Certain entities and individuals are prohibited from registering for and using our services pursuant to export and control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. In particular, without limitation, the U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a "Sanctioned Country/Region") and certain individuals, organizations or entities, including without limitation, "Specially Designated Nationals" ("SDN") listed by OFAC. By using our services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with explicit written permission, Cloud by IX also does not register, and prohibits the use of any of our services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country/Region.

XX. Data Integrity

The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Cloud by IX servers).

Cloud by IX is NOT RESPONSIBLE for any lost files, information or data.

XXI. Cloud by IX - Transfer Services

A. Ordering Process

Any Cloud by IX customer who wishes to utilize the Transfer Service must fill-out the appropriate order forms for the service, providing all information requested.

Payment is required before commencement of the moving process. Charges for all orders will be done by Cloud by IX.

Cloud by IX reserves the right to refuse any request for transfer service or to cancel the request if the project is deemed more complex than originally agreed to.

After completion of the ordering process, a Cloud by IX Representative will contact the customer within 48 hours to gather all the necessary information to start the moving process.

Orders will be considered inactive and will be deleted if the customer fails to give all the requested information within 30 days of order placement.

B. Required Information

The customer is responsible in providing all information necessary to complete the move (i.e. passwords, script lists, database information, etc.). Path-specific scripts or functions must be described to Cloud by IX to ensure a proper update and transfer. Failure to provide all required information within the specified timeframes may result in a delay or cancellation of the project.

Cloud by IX is not responsible for site functions or segments not listed or described by the customer. However, Cloud by IX may see the oversight and make the correction automatically, but this is not guaranteed.

C. The Transfer Process

Segment by segment, we will transfer and modify site scripts, content, databases, and accounts to Cloud by IX's services. During the website transfer process, Cloud by IX will provide regular updates and perform its own testing of the entire functionality of the website.

The end result of this service is to have the customer's web site transferred to Cloud by IX services.

Final responsibility is with the customer to ensure and confirm that the website is working properly, tested for any deficiencies or errors, and is working as originally intended.

If the customer does not respond with any feedback and corrections within five business days (unless pre-agreed) upon the final stage of the moving process, it will be assumed that the work is accepted and the completion of the website moving process is approved. Any further changes or modifications will be solely the responsibility of the customer.

D. Non-disclosure of Confidential Information

Cloud by IX agrees not to use any Confidential Information disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, the moving process.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

E. Refund Policy

Refunds may only be given provided that the customer's hosting account is in a financially good standing. No refund requests shall be granted otherwise.

If an order is cancelled within 5 days after making the payment and before any work has been done, we will refund 75% of the payment.

If the work has already begun, the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Cloud by IX.

F. Limited Liability

Cloud by IX is not liable for any damages or data loss that arise from the use of this service. Cloud by IX is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data.

Under no circumstances shall the customer hold Cloud by IX responsible for any loss of data or inability to properly configure complex scripts or programs. All customers should have dedicated recent data backups in the event data loss or corruption occurs.

The maximum liability of Cloud by IX is limited to the amount paid for by the customer for the Transfer Service and shall not exceed that amount.

XXII. Cloud by IX - Additional Services

Cloud by IX has partnered with third-party vendors to bring you special products and/or special deals. If you have purchased or subscribed to any of the products listed below, please visit the product's website to view their respective terms and conditions.

SSL: http://www.comodo.com/repository/terms.html
Sitelock: http://www.sitelock.com/terms.php
Site Builder: http://www.yola.com/terms
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