These Terms of Service (the “Agreement”) are an agreement between MCloud9.com, (Pty) Ltd. (“MCloud9” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by MCloud9 and of the MCloud9.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. MCloud9 is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the MCloud9 Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance legal authorities. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Transfers department will do their best to transfer your website to us. Transfers are offered as a complimentary service and are provided on a “best effort” basis. We must be able to obtain a full cPanel backup from your current host provider and the compressed account size must be 5GB or less.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to transfer some or all account data. In some cases, we may not be able to assist you with a transfer from an old host. The complimentary transfer service is available for thirty (30) days from your hosting order date.
Customers transferring from a cPanel environment will have their entire hosting account restored (incl. emails, databases, etc.) providing we can acquire a full cPanel backup. Customers transferring from a non-cPanel hosting environment will only have their website files and databases restored. We currently do not support website transfers from servers running Windows or using PostgreSQL.
Special Accommodations: If your transfer needs fall outside the above mentioned transfer requirements policy we might still be able to assist you but there may be a fee involved based on the level of work required. Please contact a member of our Sales department to receive a price quote.
In no event shall MCloud9 be held liable for any lost or missing data or files resulting from a transfer to or from MCloud9. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “MCloud9 Content”), are the proprietary property of MCloud9 or MCloud9’s licensors. MCloud9 Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any MCloud9 Content. Any use of MCloud9 Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any MCloud9 Content. All rights to use MCloud9 Content that are not expressly granted in this Agreement are reserved by MCloud9 and MCloud9’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to MCloud9 that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not, however, use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up regularly in third party locations. MCloud9 reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to MCloud9 a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, MCloud9 does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
MCloud9 exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through MCloud9’s computers, network hubs and points of presence or the Internet. MCloud9 does not monitor User Content. However, you acknowledge and agree that MCloud9 may, but is not obligated to, immediately take any corrective action in MCloud9’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that MCloud9 shall have no liability due to any corrective action that MCloud9 may take.
Third Party Products and Services
Third Party Providers
MCloud9 may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
MCloud9 does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. MCloud9 is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
MCloud9 as Reseller or Licensor
MCloud9 may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-MCloud9 Products”). MCloud9 shall not be responsible for any changes in the Services that cause any Non-MCloud9 Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-MCloud9 Products, either sold, licensed or provided by MCloud9 to you will not be deemed a breach of MCloud9’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-MCloud9 Product are limited to those rights extended to you by the manufacturer of such Non-MCloud9 Product. You are entitled to use any Non-MCloud9 Product supplied by MCloud9 only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-MCloud9 Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-MCloud9 Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by MCloud9 (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Account Security and MCloud9 Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. MCloud9 may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. MCloud9 may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by MCloud9 of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, MCloud9 may clean-up your account for an additional fee.
MCloud9 reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to cooperate fully with MCloud9 in connection with MCloud9’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, MCloud9 is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by MCloud9 to provide the Services, which may be changed by MCloud9 from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. MCloud9 does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify MCloud9 of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to MCloud9’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, MCloud9 may suspend or terminate your account and pursue the collection costs incurred by MCloud9, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. MCloud9 will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is solely your responsibility to notify MCloud9’s Billing department via a support ticket created from https://www.mcloud9.co.za/clientportal/clientarea/ after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and MCloud9 is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. MCloud9 may report any such misuse or fraudulent use, as determined in MCloud9’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by MCloud9. If you have any questions concerning a charge on your account, our billing department directly for assistance.
MCloud9 offers a thirty (30) day money- back guarantee for MCloud9’s hosting services only. Subject to the terms described below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a R119.00 setup fee for Web Hosting and R129.00 setup fee for WordPress Hosting. If you cancel your hosting within the first year, a non-refundable domain fee of R89 (plus any applicable taxes) will apply. Please note that newly registered domains cannot be transferred to another registrar during the first 60 days of the registration period. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the MCloud9 Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to MCloud9 for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of this Section. Requests for these refunds must be made in writing to the MCloud9 Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
If a refund request is approved, a small processing fee will be deducted from the refund amount.
Non-refundable Products and Services
There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at MCloud9’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving MCloud9 written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) MCloud9 may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” MCloud9 will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account’s renewal date.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify MCloud9’s Billing department via a support ticket created from https://www.mcloud9.co.za/clientportal/clientarea/ to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in South African Rands (ZAR) and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and MCloud9 is not responsible for any change in exchange rates between the time of payment and the time of refund.
MCloud9 may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm MCloud9 or others or cause MCloud9 or others to incur liability, as determined by MCloud9 in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, MCloud9 shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, MCloud9 may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Application of the Consumer Protection Act
A transaction (as defined in the CPA) between you and MCloud9 may or may not fall under the provisions of the CPA depending upon whether certain values set out in clause 2 in respect of the Customer (“Threshold Values”) are below a certain value at the time the transaction is entered into.
The Threshold Values are the Customer’s asset value or annual turnover, and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time.
MCloud9 ‘s duties towards the Customer may vary depending upon whether the transaction in question is subject to the CPA, and MCloud9 will act upon the information given to it by the Customer in this regard. Consequently:
the Customer warrants that any statement made to MCloud9 in respect of its Threshold Values is accurate;
if the Customer claims that all the Threshold Values are below the relevant value, or otherwise that the CPA applies to the transaction in question, MCloud9 may at its instance require the Customer to provide it with financial statements as proof thereof; and
if the Customer misstates the Threshold Values in such a way that MCloud9 considers for a period that the transaction is subject to the CPA when it is not, all provisions of this Agreement that do not apply to transactions subject to the CPA shall retroactively apply to the transaction in question, and the Customer shall be liable for any damage sustained by MCloud9 resulting from such misstatement.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by MCloud9 is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared web hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. MCloud9 expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. MCloud9 may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of MCloud9’s terms and conditions.
Unacceptable Resource Usage
Run cron jobs with intervals of less than 15 minutes.
Run MySQL queries longer than 30 seconds.
Use 25% or more of our system resources for longer than 90 seconds at a time. Some examples of activities that could cause this excessive use include: CGI scripts, FTP, PHP, HTTP, etc.
Shared servers are not limited in their bandwidth allowance. However, we do expect all of our customers to be fully compliant with our Terms of Service and to ensure that bandwidth is used in the normal operation of a personal or small business website.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of MCloud9 and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.mcloud9.co.za/clientportal/clientarea/ to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and WordPress solutions.
Abuse of Resources
Any attempts to compromise or actual compromise of a network device belonging to MCloud9 or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Denial of Service (DOS) attacks directed at MCloud9, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.
Any website using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms (i.e., upgrade). Although we offer 99.99% uptime we cannot fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
If any client is in any way disrespectful towards any member of the MCloud9 staff we have full right to remove them from our services without any refund.
MCloud9 reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by MCloud9 through the user billing tool or through other methods of communication, including notices sent or posted by MCloud9.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
In no event will mcloud9 its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if mcloud9 is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, mcloud9’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to mcloud9 for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless MCloud9, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
MCloud9 and User are independent contractors and nothing contained in this Agreement places MCloud9 and User in the relationship of principal and agent, partners or joint ventures’. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law. The Customer irrevocably consent to the jurisdiction of the Magistrate Courts in accordance with the Magistrates Court Act 32 of 1944, provided that MCloud9 may institute legal proceedings in the High Court of South Africa.
MCloud9 shall not be responsible for any damages your business may suffer. MCloud9 makes no warranties of any kind, expressed or implied for the Services. MCloud9 disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by MCloud9 or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. You agree to backup all of your files and data so that you can access and use it when needed. MCloud9 does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You as a MCloud9 User agree that in no case will MCloud9 be held responsible for the loss of data in any circumstance.
MCloud9’s backup service runs weekly and overwrites any of our previous backups. Weekly backups have a retention period of 1 day. This service is provided only to shared and WordPress hosting accounts as a courtesy and may be modified or terminated at any time at MCloud9’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in weekly backups. Any backup copy maintained by MCloud9 will not have any emails or media files included in it. MCloud9 is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on MCloud9’s servers.
Users using cPanel Backup Manager tool for backups should download the backup from the server and delete it. All backup files are removed from the server weekly without any notification. You are not allowed to use the hosting space to store backups.
The services provided under this agreement are provided on an “as is” and “as available basis.” Except as expressly provided in this section, mcloud9 and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. Mcloud9 and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. Mcloud9 and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. The terms of this section shall survive any termination of this agreement.
Disclosure to Law Enforcement
MCloud9 may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
MCloud9 may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the MCloud9 website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
MCloud9 reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or MCloud9 to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of MCloud9. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. MCloud9 may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.