These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between you (“Customer” or “you”) and Cloud Media Investments (Pty) Ltd t/a Cloud Bay (“we”, “us”, or “our”) governing your use of our web and email hosting services (the “Services”).
- Account Setup and Use
- 1.1 You must be at least 18 years old to use our Services.
- 1.2 You are responsible for providing accurate and complete information when setting up your account with us.
- 1.3 You are solely responsible for all use of your account, including the actions of any third-party using your account.
- 1.4 You agree to comply with all applicable laws and regulations, including but not limited to the laws and regulations governing the use of the internet and email.
- 1.5 You agree to use our Services only for lawful purposes and not for any illegal or unauthorized activities.
- 1.6 We do not allow any nudity or pornography on our servers.
- 1.7 We do not allow any spamming, scamming, phishing, trickery or any other such activities on our servers.
- Payment
- 2.1 You agree to pay all fees and charges associated with your use of our Services.
- 2.2 You agree to provide us with accurate and complete billing information.
- 2.3 We reserve the right to change our fees and charges at any time and will notify you of any changes in advance.
- 2.4 We reserve the right to suspend or terminate your account if you fail to pay any fees or charges due to us.
- Content
- 3.1 You are solely responsible for all content that you upload, publish, or otherwise make available through our Services.
- 3.2 You agree not to use our Services to publish or distribute any content that is illegal, defamatory, or infringes on the intellectual property rights of others.
- 3.3 You agree not to use our Services to publish or distribute any content that goes against our Christian principles, including but not limited to the promotion of Satanic or any other practice that is against or breaks down Christianity.
- 3.4 We reserve the right to remove any content that we believe violates this Agreement or any applicable law or regulation.
- Security
- 4.1 You are responsible for maintaining the security of your account and for ensuring that your password is secure and not shared with any third-party.
- 4.2 You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
- 4.3 Our servers will never email you about a problem with your account. A representative of Cloud Bay will contact you personally if there are any problems.
- Support
- 5.1 We will provide technical support to you during normal business hours through WhatsApp, email or phone.
- 5.2 We will use commercially reasonable efforts to respond to your support requests in a timely manner.
- Service Level Agreement
- 6.1 We will use commercially reasonable efforts to ensure that our Services are available and functioning properly.
- 6.2 We will provide at least 99.9% uptime for our Services each month, except during scheduled maintenance periods or in the event of a Force Majeure event.
- 6.3 In the event of any Service outage or disruption, our liability shall be limited to a refund of any fees paid for the affected Services during the period of the outage or disruption.
- Termination
- 7.1 Either party may terminate this Agreement upon written notice to the other party.
- 7.2 Upon termination of this Agreement, we will immediately disable your account and delete all content associated with your account.
- 7.3 Termination of this Agreement shall not relieve you of your obligation to pay any fees or charges due to us prior to the termination.
- Disclaimer of Warranties
- 8.1 We make no warranties or representations regarding the Services, including but not limited to the reliability, accuracy, or completeness of any content or data transmitted through the Services.
- 8.2 We do not warrant that the Services will meet your requirements or that the Services will be error-free, uninterrupted, or free from viruses or other harmful components.
- Limitation of Liability
- 9.1 We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.
- 9.2 Our liability for any direct damages arising out of or in connection with this Agreement shall be limited to the fees paid by you to us for the Services during the six-month period preceding the event giving rise to the liability.
- Indemnification
- 10.1 You agree to indemnify and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our Services or any breach of this Agreement.
- 10.2 We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims.
- Intellectual Property
- 11.1 We own all right, title, and interest in and to our Services, including all intellectual property rights.
- 11.2 You agree not to copy, modify, distribute, sell, or lease any part of our Services or any content or data provided through our Services without our prior written consent.
- Governing Law and Dispute Resolution
- 12.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which we are located.
- 12.2 Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the arbitration association chosen by us.
- 12.3 The arbitration shall take place in the jurisdiction in which we are located and the arbitrator’s decision shall be final and binding.
- Miscellaneous
- 13.1 This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements or understandings, whether written or oral, relating to the Services.
- 13.2 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 13.3 We may assign or transfer this Agreement, in whole or in part, without your consent.
- 13.4 You may not assign or transfer this Agreement without our prior written consent.
By using our Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you should not use our Services.