Our Terms and Conditions

By using OUR WEBSITE, you agree to fully comply with and be bound by OUR Legal Terms. Please review them carefully. If you do not accept OUR Legal Terms, do not access and use OUR WEBSITE or SERVICES. If you have already accessed OUR WEBSITE and do not accept OUR Legal Terms, you should immediately discontinue use of OUR WEBSITE.

Definitions

1. The phrase "our website" or "this website" refers to http(s)://itcloudsolutionsllc.us including: all sub-pages, all sub-domains, and any associated web-based and mobile applications (collectively, "Website") owned and operated by itcloudsolutionsllc.us. 2. The terms "we", "us", "our", " itcloudsolutionsllc.us", " itcloudsolutionsllc.us itcloudsolutionsllc.us", " itcloudsolutionsllc.us" and "itcloudsolutionsllc.us" shall be used interchangeably and shall refer to itcloudsolutionsllc.us, a sole proprietorship organization, its affiliates and/or OUR subsidiaries and any person or entities associated with itcloudsolutionsllc.us. 3. A "visitor" is someone who merely browses OUR WEBSITE, but has not registered as a MEMBER. 4. A "member" or "client" is an individual that has registered with US to use OUR SERVICE. 5. OUR "service" or "services" represents the collective functionality and features as offered through OUR WEBSITE to OUR MEMBER. 6. A "user" or "users" is a collective identifier that refers to either a VISITOR or MEMBER. 7. All text, information, graphics, audio, video, and data offered through OUR WEBSITE are collectively known as OUR "Content". 8. "Professional Service" or "Professional Services" are defined as any SERVICE outside of OUR monthly subscription plans in which WE quote, invoice and bill a MEMBER once the MEMBER has agreed to the service. 9. "FMH" refers to OUR Free Managed Hosting Service.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of OUR WEBSITE. itcloudsolutionsllc.us reserves the right to investigate complaints or reported violations of OUR Legal Terms and to take any action WE deem appropriate, including but not limited to cancelling your MEMBER account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under OUR Privacy Policy.

Intellectual Property

OUR WEBSITE may contain OUR service marks or trademarks as well as those of OUR affiliates or other companies, in the form of words, graphics, and logos. Your use of OUR WEBSITE does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. OUR WEBSITE is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of OUR WEBSITE is strictly prohibited. Your use of OUR WEBSITE does not grant you ownership rights of any kind in OUR WEBSITE.

Links to Other Websites

OUR WEBSITE may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, WE do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within OUR WEBSITE does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. itcloudsolutionsllc.us has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms

OUR Legal Terms shall be treated as though it were executed and performed in Uttar Pradesh, India, and shall be governed by and construed in accordance with the laws of Uttar Pradesh, India, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to OUR WEBSITE, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of OUR Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in OUR WEBSITE conflicts or is inconsistent with OUR Legal Terms, OUR Legal Terms shall take precedence. OUR failure to enforce any provision of OUR Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of itcloudsolutionsllc.us under OUR Legal Terms shall survive the termination of OUR Legal Terms.

Service Terms

As a condition of your use of THIS WEBSITE, you warrant that:

1. you are at least 18 years of age, and 2. you possess the legal authority to create a binding legal obligation, and< 3. you have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their web sites and other IT resources, and< 4. you are responsible for all Content posted and activity that occurs under your account. You are responsible for any changes made to your web site by others acting on your behalf, if any, and 5. you will use THIS WEBSITE in accordance with this Agreement, and 6. all information supplied by you on THIS WEBSITE is true, accurate, current and complete, and 7. you may not use the SERVICE for any illegal or unauthorized purpose. You must not, in the use of the SERVICE, violate any laws in your jurisdiction (including but not limited to copyright laws), and 8. by using the SERVICE, itcloudsolutionsllc.us has the right to place a link to OUR WEBSITE on your site, and 9. if you have an account with itcloudsolutionsllc.us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. WE retain the right, at OUR sole discretion, to deny access to anyone to THIS WEBSITE and the SERVICES WE offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Payments, Refunds, Plans, and Plan Modifications

A valid credit/debit card is required to use the SERVICE.

You will be charged in advance for SERVICES. We begin development process only post advance/initial payment.

Refunds may be issued in full only during the first thirty (60) days of the delivery of services, unless we fail to provide you promised services or you are not satisfied with services provided.

When cancelling your plan, your plan will be cancelled effective at the end of the current billing cycle. Cancellations are not prorated.

Cancellation and Termination of the Service

itcloudsolutionsllc.us has the right to suspend or terminate your account and refuse any and all current or future use of the SERVICE, or any other SERVICE, for any reason at any time.

You are solely responsible for cancelling your account. If you cancel the SERVICE before the end of the billing cycle, your SERVICE will continue until the end of the billing cycle and you will not be charged again. You are free to cancel your account at any time.

Once SERVICE is terminated, if your website and content resides on OUR FMH servers, you have fourteen (14) days after the end of the billing cycle to request your content. WE will export and provide your content to you, as requested. WE will not transfer your website (hosted on OUR FMH servers) to another web host or content management company. On the 15th day, after the end of the billing cycle, your website and any related content may be removed from OUR servers.

Changes to Services and Prices

WE reserve the right at any time to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice. Prices of all SERVICES, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to OUR WEBSITE and/or emailing you.

Privacy Policy

You agree that you have read, agree with, and understand OUR Privacy Policy.

Operating Hours and Vacation Policies

OUR operating hours are for 24 hours (IST), Monday through Sunday.

OUR staff may, on occasion, attend company-wide vacations or outings. During this time, OUR offices may be closed. If this effects the SLA (Service Level Agreement) for your plan, you may be eligible for a prorated, partial refund for the days in which OUR offices were closed. You must request a partial refund.

Free Managed Hosting

WE reserve the right to refuse free managed hosting ("FMH") at any time, for any reason. Typically, this is due to an abuse of resources.

FMH does not include email hosting services. WE can work with you, as part of a PROFESSIONAL SERVICES contract, to setup a free, high-quality email provider for you. Typically, WE recommend Outlook.com.

FMH is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use OUR SERVICES to support large enterprises or internationally based businesses with a sustained demand that places undue burden on OUR systems or negatively impacts use by small, independently owned and operated businesses.

WE do not allow a MEMBER to directly access OUR FMH servers, either by FTP, SCP, SFTP, or any other technology. WE manage the servers and services within entirely.

Appropriate Use

FMH is a shared web hosting service, which means that a number of customers' websites and other services are hosted from the same server. WE use abuse controls to help ensure that use of OUR services does not adversely affect the performance of OUR system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files, or for high traffic websites.

Disk Space

If you use FMH Services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, WE will place some constraints on how fast you can grow. The vast majority of OUR customers' sites grow at rates well within OUR rules, but OUR abuse controls may cause a brief delay while WE evaluate if expansion is appropriate.

Data Transfer

In most cases, if you use OUR services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, OUR server processing power, server memory, or abuse controls could limit transfers to and from your site.

You can also serve as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).

Server Abuse

Any attempt to undermine or cause harm to a server or customer of itcloudsolutionsllc.us is strictly prohibited.

WE will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" or "phishing" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to itcloudsolutionsllc.us, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action or pursuit of compensation, depending on the seriousness of the attack.

WE reserve the right to discontinue service, or deny access to anyone who violates OUR policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined in OUR Terms of Service.

You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by itcloudsolutionsllc.us to be unacceptable use of OUR services including abuse of server resources.

All web applications that are out-of-date and actively being exploited with be shut down immediately WITHOUT PRIOR NOTICE. You are solely responsible for and should evaluate your web-based applications and/or script on a regular basis to ensure their security and orderliness.

FMH accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Storage Space Abuse

WE will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on itcloudsolutionsllc.us servers. Websites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of itcloudsolutionsllc.us Management ("MANAGEMENT"), with or without prior notice.

WE are the sole arbiter as to what constitutes a violation of these provisions.

Bandwidth Abuse

The intention of itcloudsolutionsllc.us FMH is to provide a reasonable allocation of bandwidth (10GB/month) to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in you being billed for excessive overages at $10.00/1GB/month.

WE are the sole arbiter as to what constitutes a violation of these provisions.

Unsolicited Email and Spamming

Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation.

WE take a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within OUR network. If found, WE will charge you up to $25 per unsolicited email message sent and delete your account with any prior notice.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

NOTE - If you use the services of another provider to promote a website hosted by or through itcloudsolutionsllc.us ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through OUR servers.

99% Uptime Guarantee

1. Coverage - This 99% uptime guarantee applies to any Customer in good financial standing with itcloudsolutionsllc.us at the time of a service outage.

2 .Service Level Agreement ("SLA") & specifications - itcloudsolutionsllc.us endeavors to have the content of your website available for http/https access by any party in the world 99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from itcloudsolutionsllc.us FMH server to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via OUR online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the itcloudsolutionsllc.us NOC. OUR administrators will determine the end of the downtime by a traceroute to your machine from outside the FMH network.

3. FMH Credits - In the event that your website is unavailable for less than 99%, WE will credit the following month's service fee as follows. You credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

4. Restrictions

Credit shall not be provided to you in the event that you have any outage resulting from:

1. scheduled maintenance as posted from time to time, and 2. outages incurred by OUR upstream provider, and 3. your behavior or the performance or failure of your equipment, facilities or applications, and 4. circumstances beyond OUR reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, and 5. you breaking any agreement policy in OUR "Terms of Service", and 6. causing a server to fail as a result.

Network Security

Customers may not use the FMH network with an 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 a server or account You are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WE will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. USERS who violate system or network security may incur criminal or civil liability.

Electronic Commerce

itcloudsolutionsllc.us will not be held responsible for damages or lost sales due to any reason. This includes, but is not limited to, damages or lost sales due to downtime. Electronic Commerce websites which have high volume sales, or sales which immediately impact the success of your business, are not recommended as candidates for FMH.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static and Dynamic Content Caching

You expressly:

1. grant to US a license to cache the entirety of your website, including content supplied by third parties, hosted by US under this Agreement, and 2.agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

WE shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us. WE reserve, at OUR sole discretion, the right to change or remove any and all such IP numbers and addresses.

Technology Support Boundaries

WE provide technical support for you that encompasses within OUR area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of OUR servers, and servers within OUR immediate responsibility and any other hosting related issues.

However, in under no circumstances are WE neither obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have unexpectedly stopped working as expected. If any issues experienced are due to OUR FMH servers, WE will correct them; otherwise, these technical support issues fall under OUR PROFESSIONAL SERVICES contracts.

Lawful Purpose

WE reserve the right to refuse SERVICE to anyone. You may only use OUR FMH servers or SERVICES for lawful purposes and OUR SERVICES may not be used for illegal purposes or in support of illegal activities. WE reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in India, it is not permitted to reside on OUR servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of the itcloudsolutionsllc.us management.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that WE may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Ghaziabad, Uttar Pradesh, and any dispute will be litigated or arbitrated in Ghaziabad, Uttar Pradesh. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Ghaziabad, Uttar Pradesh courts. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF itcloudsolutionsllc.us EXCEED THE CURRENT MONTHLY SUBSCRIPTION PRICE OF YOUR WEBSITE MAINTENANCE PLAN.

Indemnification

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD itcloudsolutionsllc.us HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST itcloudsolutionsllc.us, ITS AGENTS, ITS OWNERS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS itcloudsolutionsllc.us AGAINST LIABILITIES ARISING OUT OF:

1. ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH itcloudsolutionsllc.us SERVERS, AND 2. ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY, AND 3. COPYRIGHT INFRINGEMENT, AND 4. ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM itcloudsolutionsllc.us SERVERS.

Discalimer

itcloudsolutionsllc.us WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. itcloudsolutionsllc.us MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. itcloudsolutionsllc.us DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY itcloudsolutionsllc.us AND ITS EMPLOYEES. itcloudsolutionsllc.us RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF itcloudsolutionsllc.us MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.