For the purposes of this Terms of Service agreement ("Agreement"):
- "HolyCloud" shall mean HolyCloud, LLC
- “User" shall mean the person, ministry, corporation or business who is the registered account holder with HolyCloud, LLC
- “Terms" shall mean the “Terms if Service” or “Terms and Conditions.
- “Services" shall mean the any product or services provided by HolyCloud,LLC
- “AUP" shall mean Acceptable Usage Policy
- ACCEPTANCE OF TERMS OF SERVICE
The use of HolyCloud services constitutes agreement to these terms of service.
As a prerequisite and requirement for the use of any and all products and services provided and available through HolyCloud and its partners and affiliates, the User, and their affiliates or another person(s) if any, accept all terms listed herein effective immediately upon registration of any product or service through HolyCloud.
Each user of any HolyCloud product or service is subject to the Terms listed herein, and by using HolyCloud services, network and/or systems (collectively the “Services") the user agrees to be legally bound by and subject to all terms and conditions including as well as usage policies and other policies herein.
Users represents and warrants that, if an individual, User is at least 18 years old and otherwise legally competent in all respects, or, if an entity User is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms.
In addition, no one that represents a person or an entity that is sanctioned by the
USA government and or by HolyCloud and its affiliates is prohibited from signing up with or registering to receiving any Services from HolyCloud and its affiliates.
All information provided by the user at the time of registration is complete and accurate and shall continue to provide complete, accurate and current to HolyCloud at all times.
This includes but is not limited to registration or renewal processes and further services obtained through HolyCloud. The user also agrees to update all such information as necessary to maintain complete, accurate and current information.
Although users of paid services offered through registration or renewal processes agree to update all such information as necessary to maintain complete, accurate and current information, the User must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms.
A parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Parents and legal guardians who sign up for service each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
HolyCloud intends to provide the best possible web hosting service to each of its
users. We dedicate ourselves to providing the best and latest technology to its users at all times However, due to changing technologies, changing laws and the individual and collective needs of users, HolyCloud reserves the right, in its sole discretion, to change, modify, add or remove all or any part of its’ technology or services at any time with or without notice.
Users may view the most current version of these Terms on the website at any time.
Any use of the Services by any user, after changes, modifications, additions or deletions to these Terms are posted on the HolyCloud website, shall constitute that the user has accepted of all such changes, additions, modifications or deletions. If a user does not agree to any alterations to these Terms the user’s sole and exclusive resolution is to terminate service(s) with HolyCloud
If at any time HolyCloud makes significant changes to its Terms of Service as determined in its sole discretion, HolyCloud will notify all users of the changes and will post the changes on its website on the Terms of Service page. Each and every time HolyCloud. makes changes to its Terms it will change the “last modified date” at the bottom of the page. A user's use of HolyCloud's services after changes to the terms will constitute the user's acceptance of any new or additional terms that result from those changes.
If a user is registering a new domain name on the HolyCloud website or using and transferring a previously registered domain name in conjunction with the users use of services the user here acknowledges and agrees that the user’s use of the domain name is also subject to the policies herein and agrees that User's use of the domain name is also subject its own terms located on the Domain Registration Agreement page as well as to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN") located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
- ACCEPTABLE USEAGE POLICY
HolyCloud incorporates a strict acceptable usage policy of products and services
including that of any third party which are subscribed to or obtained through HolyCloud, and requires that each user adhere to it at all times. HolyCloud, reserves the right to modify this policy at any time without notice.
In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of HolyCloud so that no person who utilizes the web site or services of HolyCloud (regardless of whether that person is a user) may take any action utilizing the web site of HolyCloud that a user would be prohibited to take utilizing the services.
One important aspect of the Internet is that no ONE party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.When users or others obtain information through the Internet, they must keep in mind that HolyCloud cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that its’ users may acquire or disseminate.
For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted and distributed on the Internet is sexually explicit or otherwise offensive.
Because HolyCloud cannot monitor or censor the Internet, and will not attempt to do so, HolyCloud cannot and does not accept any responsibility for injury to its users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When users or others disseminate information through the Internet, they also must keep in mind that HolyCloud does not review, edit or take responsibility for any information its users, customers or others may create. When users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over HolyCloud's network and may reach a large number of people, including both users and non-users of HolyCloud, users' postings to the Internet may affect others and may harm HolyCloud's goodwill, business reputation, and operations. For these reasons, users violate HolyCloud policy and the service agreement when they, their employees, affiliates, or subsidiaries engage in activities described herein.
Users understand that HolyCloud is a christian based organization and we take our reputation and goodwill seriously. Users must use their own discretion when using HolyCloud services for hosting and disseminating religious and non religious based content alike.
The purpose of this AUP is to enhance the quality of the services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
The uses of HolyCloud services set forth in this section herein below are prohibited.
The engaging in any prohibited use as set forth herein by user(s) or by any affiliate of the user (as determined in the sole discretion of HolyHost) constitutes a material breach of these terms and will subject the user's account to immediate termination without notice and without any refund.
- PROHIBITED USE
HolyCloud has a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
It is the user’s obligation to ensure that e-mail sent by the user or on the behalf of the user does not violate this law. HolyCloud assumes SPAM complaints are valid unless provided with credible information to the contrary. To avoid action under our spamming terms, the user should please familiarize them self with the CAN-SPAM Act by following this link: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business In addition, e-mail sent, or caused to be sent, to or through the HolyCloud network or services may not:
- Use or contain invalid or forged headers
- Use or contain invalid or non-existent domain names
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
- Use other means of deceptive addressing
- Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
- Contain false or misleading information in the subject line or otherwise contain false or misleading content
- Fail to comply with additional technical standards described below
Under no circumstance does HolyCloud authorize the harvesting or collection of e-mail addresses or other information from or through its network. Under no circumstance may emails be transmitted through HolyCloud servers nor may email be collected about any HolyCloud user. HolyCloud services may not be used as an email marketing tool in order to gain users that way. HolyCloud strictly endorses third party services for the use of email marketing.
HolyCloud does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of its network or services, or that could interfere with any other party's use and enjoyment of any HolyCloud services.
HolyCloud strictly monitors all traffic that could and scans its servers for traces of spam traffic. Users suspected of using HolyCloud services for the purpose of sending SPAM will be investigated. Any and all users who are investigate and found to NOT be in compliance with this policy will have their account terminated immediately.
HolyCloud assumes SPAM complaints are valid unless provided with credible information to the contrary. It is HolyCloud's policy to immediately suspend and or terminate, and/or cancel any services related to the spamming. Additionally per all the products and services provided through the HolyCloud, we reserve the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification.
No user may utilize the services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
No user may utilize the services to provide, sell or offer to sell the following:
controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services; other content deemed adult related; antichrist messages are strictly prohibited.
PRIVATE INFORMATION AND IMAGES
Users may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor). Users should practice having consent forms on hand for publishing content related as to stated above.
Profanity or profane subject matter in the site content, in the domain name or in any other service including but not limited to web hosting and or radio streaming is prohibited.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. HolyCloud is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
MISLEADING OR TRANSMISSION OF INFORMATION
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
VIRUSES AND DESTRUCTIVE ACTIVITIES
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any User to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
HolyCloud does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
EXPORT CONTROL VIOLATIONS
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. User may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
The use of the services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HolyCloud is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services. The users’ account will be immediately suspended and a duplicate copy of said account handed over to law enforcement.
HolyCloud will immediately terminate any users account without notice if it becomes aware of the presence of any sort pornography on, or being transmitted through, the services.
OTHER ILLEGAL ACTIVITIES
The use of the services to engage in any activity that is determined by HolyCloud, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). HolyCloud will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
OBSENE, DEFAMATORY, ABUSIVE OR THREATENING LANGUAGE
The use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in HolyCloud's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, HolyCloud's business, operations, reputation, goodwill, users and/or user relations, or the ability of HolyCloud’s users to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these terms. In addition, the failure of the user to cooperate with HolyCloud in correcting or preventing violations of these terms or that result from the activity of, a user, patron, customer, invitee, visitor, or guest of the user constitutes a violation of these terms.
HolyCloud Strictly prohibits the use of language, teachings, music, books etc that consist of Astrology, Mysticism, Witchcraft, Sorcery, Mind Control, Ancient Spirits, Evocation, Conjuration, Chanting, Magic, Vodou, Hoodoo, Rootworking, Spells, Terrorism, Sexual Acts*, Other Religious Meditation, Religious Yogo Meditation etc Any users account that is found to be in violation will be terminated immediately and without notice.
- USAGE POLICIES AND DEFINITIONS
"Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts.
What "Unlimited" means.
In many instances HolyCloud does not set cap on the amount of resources a single User may use. In good faith and subject to these Terms, HolyCloud. makes every commercially reasonable effort to provide User’s with all the bandwidth resources needed to power their web sites successfully, as long as the User's use of the service does not effect the usage of other users and that the usage complies with these Terms.
What "Unlimited" DOES NOT mean
HolyCloud employs complex mechanisms to protect its Users and systems from abuse. HolyCloud's offering of "unlimited" services is not intended to allow the actions of a single or few Users to unfairly or adversely impact the experience of other Users.
The services provided through HolyCloud are shared hosting services, (unless others stated) which means that multiple Users web sites and radio streams are hosted from the same server(s) and share server resources. HolyCloud's service is designed to meet the typical needs of small to medium sized business and radio streams. Shared hosting plans are NOT intended to support the sustained demand of large enterprises or non-typical applications better suited to our dedicated server.
HolyCloud will make every commercially reasonable effort to provide additional resources to User’s who are using their website(s) consistent with these Terms, including moving User’s to different shared servers as necessary. However, in order to ensure a consistent and quality experience for all our users, HolyCloud does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until HolyCloud can evaluate sites resource needs.
Unlimited File Transfer
HolyCloud does not set limits on the amount of visitor traffic a web site can receive or on the amount of content a User can upload to their website in a given month, nor does HolyCloud charge additional fees based on increased use of bandwidth, as long as the User's use of the Services complies with these Terms. In most cases, a User’s web site will be able to support as much traffic as the User can legitimately acquire however, HolyCloud reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Users.
Unlimited Domain Hosting
HolyCloud. does not set limits on the number of domain names a user can associate with the User's web hosting account however HolyCloud reserves the right to move the client to a new server or require the client to upgrade their hosting package to a server that can better service the client based on the resources the client it using.
- COMPROMISED ACCOUNTS
If for any reason a hosting account is suspected to be compromised HolyCloud will immediately run a virus scan. All accounts that are found to be compromised will immediately be suspended until as such time as the compromised issue can be solved. Accounts that have been compromised because of negligence on the user’s behalf may be suspended immediately. Viruses or breaches that originate from the user’s computer must first cleared before the user is granted access to the account. Users understand that viruses can and often are transmitted via email and as such the user should insure that their email always remains free and clear of viruses at all times.
HolyCloud performs server wide backups once (one time) per week however we do not offer redundant or mirrored backups. Additionally HolyCloud runs backups before performing any upgrades to its’ servers as a precaution. Users are encouraged to run periodic backups through the provided cPanel and we recommend that users store such backups off site on your local system. Backups can also be done on specific script installs by using Softaculous. HolyCloud will assume zero responsibility for failed backups, lost data, or data integrity. Backups will be permanently deleted if the user fails to make a payment for their hosting services and the account is expired. It is the sole responsibility of the customer to make and keep copies of their data, HolyCloud will not attempt to keep data (including backups) of accounts that have been expired or deleted.
The Initial Term shall begin upon commencement of the Services and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the user prior to the commencement of such successive period or renewal period. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
The user is required to make a full payment as required per the product or services the user is registering for. HolyCloud make absolutely no acceptation to such terms.
Some services require that the user pay a one time setup fee. For such services the user’s service will not commence until the one time fee is also paid in full.
The user understands that HolyCloud charges a 3.0% transaction fee for all payments that are processed. All payments shall be made online through the HolyCloud website using one of the provided payment gateways. The user shall make all payments within 5 days of the due date on the invoice in order to avoid a $30 (USD) late fee and suspension of service. If for any reason service is suspended then the user will be required to pay the pas due balance plus the late fees that have been incurred. The user acknowledges that coupon codes not used at sign up can not be backdated and NO credits will be given. Users who experience any issues with using a coupon should contact the sales and support staff BEFORE signing up for service. The user’s agrees to update and keep current all of the users billing information, email and all other contact information. It is the User’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
- RENEWAL OF SERVICES
It is the user’s sole responsibility to make payments for services that are due.
All Invoices are sent out to the user via email to the email address that is listed in the user’s account. No phone calls will be made to the users and all communication regarding the due invoice will be done via automated email. If the client wishes to deal with an account specialist then the client may call HolyCloud at their leisure. Payments should be made online by logging in on the website or by calling HolyCloud on or before the due date of the invoice. Users should be aware that all invoice processes and renewals are automated and that failure to make a payment will result in the client services being suspended or terminated do to non payment.
- PROMOTIONAL PRICING
HolyCloud may periodically offer products and services at “free” or discounted rates or may offer credits if users sign up for certain products and services that is linked to promotional service. Such promotional offers are honored only in connection with the specific promotional package to which they apply. If in the event a user downgrades or otherwise changes their services to which a promotional offer does not apply, the user will forfeit any unused credits offered under the promotional and may not be able to return to the promotional product or service. HolyCloud offers a 10% (ten percent) discounts on select products and services to Christian, Faith Based ecclesiastical churches. HolyCloud is glad to support ministries that preach, teach and share the gospel of Jesus Christ/Yeshua Ha-Mashiach.
The discount constitutes that the church must use the service/s that are attached to the discount for ministry purpose whether or not an income is being derived from using the service(s).
If HolyCloud finds that the service(s) are being used for an organization other than the one listed on file with HolyCloud then the user will loose their non-profit discount and will be subject to paying the regular rate of service and will be billed a back charged for service already used. HolyCloud will also reserve the right to terminate the users account without refund and without notice.
- CANCELLATION OF SERVICES – REFUND POLICY
All payments made to HolyCloud, are Nonrefundable, subject to the following terms and conditions. In the event the User cancels services within three (3) calendar days of registration,
the user will receive a refund minus the three days and the domains purchased in conjunction with the hosting service. The User has the option, but not the obligation,
to retain ownership and control of Domains associated with the User’s account. In the event the User cancels the Services after three (3) calendar days of registration the user will receive absolutely NO refund. Users agree to direct all cancellation requests through the HolyCloud website or by calling. The user will need to insure that all emails, files, and databases are preserved and backed up somewhere other than their HolyCloud hosting account. All information stored on their HolyCloud account will be automatically deleted once there cancelation request is submitted. Users will receive no refund on deposits paid for website design or mobile application design.
- PROPERTY RIGHTS
HolyCloud claims no intellectual property or ownership of the users content, website(s) or media. The user hereby owns all their intellectual property. HolyCloud however reservers all rights to use and distribute any logos and graphics that were designed by any HolyCloud staff, indefinitely.
- LICENSE TO USE
By submitting content and data to the HolyCloud servers, the User grants HolyCloud,
a worldwide, royalty-free, and nonexclusive license to use, distribute, display, reproduce works from any content distributed by the user using the HolyCloud servers in any form of media for the purposes of marketing and promotion. This license shall terminate upon User's cancellation of the Services as set forth in the User Agreement. HolyCloud claims no ownership or interest in the content of a User’s web site(s).
The reseller shall purchase services and may resell the purchased services under its own brand to its own clients. All clients belong to the reseller unless the reseller is unable or unwilling to keep paying for the reseller service at which point the reseller understands that all current clients become the clients of HolyCloud. The reseller is responsible for meeting any and all legal requirements related to providing reseller service to its’ clients. This includes but is not limited to audio streaming licensing. The Reseller must expressly state on their website or in their contracts informing their clients of the client’s responsibility to provide their own audio streaming licensing. The reseller and their clients may only use up to the maximum bitrate that has been purchased by the reseller and allocated to the client. The reseller may be automatically disconnected and suspended from the server if the usage of higher bitrates are attempted. The service may remain down until manually reactivated by HolyCloud. Unauthorized usage will result in immediate termination of the reseller services.
Streaming lines are provided at an “as is” basis. This means that limited support is provided and is provided only to the streaming lines that we provide. HolyCloud will not provide support on any third party software at any time for any reason. Any equipment malfunctions, computer issues etc is completely the Reseller and or clients’ responsibility and is not supported by HolyCloud.
HolyCloud does NOT provide support to the Resellers’ clients, run the radio stations on behalf of the Reseller or its clients, Suspend or Terminate a Reseller’s clients for
non payment, Bill the Resellers’ clients on its behalf, provide maintenance of stations,
provide advanced technical assistance for any setup, or maintenance.
If for any reason a reseller is suspended or terminated for any reason at all the reseller understands that the resellers clients will also be suspended or terminated until the reseller’s account is restored.
- HOLYCLOUD, LLC. AS RESELLER OR LICENSOR
HolyCloud is acting only as a reseller and licensor of certain software that is used in connection with certain products and/or services offered by HolyCloud. This means that HolyCloud does not own the third party software but has license to use it in cases where required. HolyCloud shall not be responsible for any changes in third party software that cause the provided HolyCloud service to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. If the user provides cPanel or FTP access to a third party to utilize any part of the HolyCloud services then HolyCloud will be held blameless for any malfunctions or defects or any losses of any kind resulting from such access Any malfunction or manufacturer's defects of Non-HolyCloud services either sold, licensed or provided by HolyCloud to the User or purchased directly by User used in connection with the Services will not be deemed a breach of HolyCloud’s obligations under this Agreement. Any rights or remedies the User may have regarding the ownership, licensing, performance or compliance of Non-HolyCloud Product are limited to those rights extended to User by the manufacturer of such Non-HolyCloud Product. The User is entitled to use any Non-HolyCloud Product supplied by HolyCloud only in connection with User's permitted use of the Services. The User shall use its best efforts to protect and keep confidential all intellectual property provided by HolyCloud to the User through any Non-HolyCloud Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any HolyCloud Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
MONITORING AND DISCLOSURES
All activities occurring on, in, and/or via the Services or any website hosted by HolyCloud may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, HolyCloud does not monitor its Users' websites or activities to determine whether they are in compliance with these Terms. However, when and if HolyCloud becomes aware of any violation of these Terms, HolyCloud may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via HolyCloud, and/or removing non-complying information. In addition, HolyCloud may take any lawful action against a User because of the activities of such User or guest. HolyCloud reserves the right to take any such action even though such action may affect other Users, patrons, customers, invitees, visitors, or guests of the User. HolyCloud may disclose any information in its possession, including, without limitation, information about Users, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect HolyCloud or others from harm, and/or to ensure the proper operation of the Services. HolyCloud has no obligation to notify any person, including the User about whom information is sought, that HolyCloud has provided the information. If a User discovers anyone on the HolyCloud system violating any of these Terms or notices anything suspicious from the HolyCloud network, the User agrees to report the violation or suspicious activity by opening a ticket with the Terms of Service Department for investigation. HolyCloud reserves the right to and will immediately terminate any account which HolyCloud concludes to be in violation of any of these Terms.
- GOVERNING LAW
These Terms shall be governed by the laws of the State of Michigan, USA and the Nation of Canada without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of HolyCloud, the User agrees that all disputes, if any, involving HolyCloud. shall be subject exclusively to the jurisdiction of the Federal Courts of State of Michigan, USA the Nation of Canada and The Nation of Romania provided, further, that all action brought against HolyCloud in State Court must be brought in Wayne County, Michigan. The User hereby agrees that it is subject to the in jurisdiction of the courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving HolyCloud. The User hereby waives any and all objections that it has or might have, known or unknown.The User agrees that it has no right to and shall not file or otherwise bring a lawsuit against HolyCloud outside the State of Michigan; and, that User, if involved before a court in a lawsuit outside of the State of Michigan, shall be deemed to support and to stipulate to a motion made by HolyCloud to dismiss said lawsuit with respect to HolyCloud, LLC These Terms are binding upon HolyCloud, all existing and prospective Users, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
HolyCloud, LLC prohibits the release of any Users information except in limited circumstances, including with express permission from the User, as and when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on HolyCloud, LLC If for any reason you are seeking information regarding the identity of an account holder who have obtained services at HolyCloud in connection with a civil legal matter, you must, email, or serve HolyCloud with a valid subpoena.
Submission of Subpoenas
IMPORTANT NOTE: In The Event you send HolyCloud a notice of any kinda via email and do not receive a response please resubmit a duplicate copy. Due to the fluctuation of the internet and email communication in particular, including without limitation the burdens of spam and the occasional, unintended effects of spam filters, sending an alternate copy will help assure that your notices will be received by HolyCloud and acted on in a timely manner.
Upon the receipt of a validly issued civil subpoena, HolyCloud will promptly notify the User whose information is sought. If the circumstances do not amount to an emergency, HolyCloud will not immediately produce the User's information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court.
HolyCloud will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. HolyCloud's e-mail servers do not retain deleted or sent e-mail.
HolyCloud, LLC will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the HolyCloud invoice. HolyCloud's subpoena compliance costs are as follows:
Research - $50.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Flash Drive - $14.00/per Drive
Any applicable taxes will be charged in addition to the above fees.
- RIGHT OF SERVICE
HolyCloud reserves the exclusive right to refuse anyone service or to cancel service to any prospective User or existing User with or without reason at any time during User's hosting term with HolyCloud.
HolyCloud, LLC, the HolyCloud Website, Logo, product and service names are trademarks of HolyCloud, LLC. The use of such material for any reason but not limited to promotional material, endorsement or others is strictly prohibited. HolyCloud reserves all rights to use logos, domain names, websites, graphics, promotional material and any and all other material that is been created for the user for its own promotional and advertising purposes. Graphics which have not been designed by HolyCloud man also be used at any times to promote the services of users currently hosting with HolyCloud. HolyCloud strictly prohibits the modification of images, graphics and promotional material designed by HolyCloud by anyone at anytime and for any reason. Users may request changes from HolyCloud for changes to be made or for such logos and graphics. HolyCloud will retain rights to use pre modified images as promotional material.
- DESIGN & DEVELOPMENT
The User is required to pay a 50% deposit before any work will commence.
The remaining 50% will be required once the design & development is completed but before it is handed over to the user. HolyCloud retains all rights and ownership of the design(s) until such time as the final payment has cleared. If the user is unable or unwilling to make the final payment the user will lose their deposit and all rights and ownership will remain the property of HolyCloud, LLC Once the design and development process is completed the design will enter a review period and user will be given 7 business days to ask for changes. During this process the design may not be published or shared with the public. If the design is shared then this will constitute the completion of the design and development process and any changes will incur additional charges.
- SITE AND SECURITY UPDATES
HolyCloud uses sophisticated means of security in connection with the Services. It is exclusively User's obligation to maintain and control passwords to user's web site(s), and the user exclusively is responsible for all activities that occur in connection with user's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the user or authorized users.
The user agrees to immediately notify HolyCloud of any unauthorized uses of the service or any other breaches of security. It is exclusively user's responsibility to update and secure any programs or scripts available via the cPanel interface. User's failure to update and secure any programs or scripts available via the cPanel interface may result in HolyCloud either updating the programs and scripts or suspending your account services until they are updated. HolyCloud will not be liable for any loss or damages of any kind, under any legal theory, caused by User's failure to comply with any of the foregoing security obligations or caused by any person to whom User grants access to User's Services, or due to any updates performed by HolyCloud. It is the responsibility of the User to ensure that there is a valid email address and current root password for the user’s account. HolyCloud reserves the right to audit servers and perform administrative actions as needed.
It is required that you use a secure password.
Users understand that when ordering a WHMSonic/SHOUTcast server from HolyHost the user does not own the software but that the software is being rented. All services remain the property of HolyCloud. Users may only use up to the maximum bitrate that has been purchased by the user. Users may be automatically disconnected from the server if the usage of higher bitrates are attempted and service may remain down until manually reactivated by a member of the HolyCloud team. Unauthorized usage, such as attempting to access or interfere with other users data, will result in immediate termination of the users services. HolyCloud, LLC no longer provides software to users from a third party. HolyCloud staff may at times, but is not obligated to suggest software to Users for usage with our systems. Any an all Software not owned by HolyCloud must be purchased through the third party. HolyCloud will not be responsible for any software, other than our own, any any time. If at anytime the user wishes to obtain support for their software they may do so by contact the software developer. At times, but in rare occurrences, HolyCloud may provide support and services for third part products at an additional fee. Support that is given at no additional charge by any employee or representative, at their own discretion, should NOT be assumed as “Free Forever” support. Support on third part products is charged by the hour.
- LEGAL REQUIREMENT
The user is responsible for meeting the legal requirements for online audio streaming. This may include, but is not limited to, internet radio licensing. HolyCloud does not provide radio or streaming licensing or software. HolyCloud claims no responsibility whatsoever for what the user chooses to stream through the users account but the user must follow and comply with the these terms
- DEFAULT LISTENERS
WHMSonic/SHOUTcast software requires a maximum number of listeners to be set.
By default the users’ WHMSonic/SHOUTcast account will set to 9999 simultaneous listeners.
- LISTENER CAPTURING
The user shall refrain from using alternative audience generation methods, of which listeners are unaware (for example by using a player in mute mode or preventing using the stop function) or technical means (such as bots) generating listeners that are not real. All other means shall also be sanctioned immediately.
- AUTO DJ
"Auto DJ" is included as a free service with the users WHMSonic/SHOUTcast account, that service is included and HolyCloud therefor makes no guarantees regarding the quality of this service. HolyCloud reserves the right to discontinue the free "Auto DJ" service at any time.
- CHECK UPS
Periodic checks may be conducted by HolyCloud and its’ affiliates. Should an infringement be recorded, the user shall be notified to cease such actions within
- PRINTING AND ACCURACY
The users understands that with all respect to designs and printing that the user is liable to insure that all graphics and media getting ready to be printed are accurate. One the user has review the graphics or print material and responds to an email “I’m Ready To Print” then the user will remain liable to pay for all printed and mastered material even if such material is found to be inaccurate or in need of modification and the user will also be liable for additional printing costs and costs related to modification.
- DISCLAIMER OF WARRANTY
The User, Acknowledges that services and the software are provided at an “as is” basis. This means that limited support is provided and is provided and without any warranty of any kind. Any equipment malfunctions, computer issues etc is completely the users’ responsibility and is not supported by HolyCloud. HolyCloud hereby disclaims any warranty or conditions with respect to the quality, performance or functionality of the services and software or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services are software will be uninterrupted, error-free or free of viruses or other harmful components. The services may contain errors. No advice or information given by HolyCloud or a HolyCloud representative including but without limitation, user support staff, shall create a warranty. HolyCloud disclaims all warranties or conditions express, implied or statutory including without limitation warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability. HolyCloud does not guarantee that user will be able to use the services at times or locations of their choosing. HolyCloud doest not warrant that services are compatible with any third party service or software, even if such this party claims, represents or warrants that such service or software is compatible with any service or HolyCloud in particular
- LIMITATION OF LIABILITY
HolyCloud will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control. HolyCloud reserves the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership Terms of Service or terminate services at any time and without notice. HolyCloud is not liable to store any statistical data regarding servers, such as listener information.
The User, agree to defend, indemnify and hold HolyCloud and its affiliates, partners, respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from HolyCloud's own gross negligence or willful misconduct. HolyCloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the User.
HolyCloud will not attempt to sell or share any users information with any third party unless otherwise required to do so by court order or instructed to do so by the user via a support ticket.
HolyCloud is a Christian Faith-Based business and herein has the main focus of supporting faith based business and ministries. HolyCloud strictly prohibits the use its services for use of language, teachings, music, books, any and all other form of media etc that consist of Astrology, Mysticism, Witchcraft, Sorcery, Mind Control, Ancient Spirits, Evocation, Conjuration, Chanting, Magic, Vodou, Hoodoo, Rootworking, Spells, Terrorism, Sexual Acts*, Other Religious Meditation, Religious Yogo Meditation etc HolyCloud reserves the right to suspend, terminate or charge any user a penalty of $125.00 USD at its sole discretion, it it finds that any user is breaking any part of its Terms & Conditions. HolyCloud agrees to provide documentation as to why it has suspended, terminated or charged a user for reasons relating to non compliance with Terms & Conditions.
To report any and all abuse to Terms of Service please contact us via email@example.com
“We are happy and feel blessed to serve you.
Please don’t make us contact you for breaking our Terms of Service.
We don’t want to be forced to terminate your service/s”