Terms2017-08-25T09:09:02+00:00

US Cloud Terms and Conditions

Overview

US Cloud provides SharePoint® hosting, web hosting, email, dedicated servers, managed services, web design, programming, website and other marketing services, all of which may be referred to herein, individually or collectively, as US Cloud Services. US Cloud reserves the right to suspend or terminate any Customer’s access to any portion or all of the US Cloud Services and the network when Customer fails to pay for services on a timely basis, or when US Cloud determines, in its sole discretion, that the account has been used inappropriately, or for any other reason in the sole discretion of US Cloud. US Cloud reserves the right, consistent with applicable laws, to refuse service and/or access to its servers and/or US Cloud Services to anyone.

Agreement. These Terms and Conditions constitute an Agreement between you (hereinafter Customer), the subscriber to a US Cloud Hosting Service, US Cloud LC, f/k/a FrontPages Web Hosting Network, f/k/a Amp Technology, (hereinafter US Cloud), the service provider. Any other agreement or agreements which are referenced herein, or which are separately entered into between Customer and US Cloud and which by its terms explicitly refers to this Agreement, shall be deemed to be, and interpreted as, a part of this Agreement.

Term. This Agreement, as modified from time to time, shall be in effect as long as Customer is a customer of US Cloud.

Amendments. US Cloud reserves the right to alter, amend, supplement or otherwise change these Terms and Conditions from time to time, to be applicable prospectively to Customer after the later of (1) the effective date of such change as stated therein or (2) the date such change is posted by US Cloud on its website. Continued use by Customer of any hosting service provided by US Cloud after the effective date of a change in these Terms and Conditions will constitute acceptance by Customer of such Terms and Conditions as so changed. Customer agrees to review periodically the terms of this Agreement as posted by US Cloud on its website in order to be aware of any changes that may have been made.

Additional Agreements. If a provision in a separate written agreement between US Cloud and Customer conflicts with a provision of these Terms and Conditions, the provision in such separate agreement will control.


Guarantees

Maximum Uptime Network Guarantees

  • Shared Hosting – 100% guaranteed uptime.
  • Dedicated Hosting – 100% guaranteed uptime.
  • See our Service Level Agreement (SLA) for more details.

Backups

Data Backups

Website content

The client is responsible for keeping a copy of their most current Website files or email as backup on a remote system (not on US Cloud servers). US Cloud is not responsible for any lost files, information, or data.

Backup and restore

Should any data need to be recovered from US Cloud’s backup, there will be a nominal charge. US Cloud does not guarantee to possess the most current copy of a client’s Website or email.

Disaster Recovery Backups

Hosted SharePoint DR Backups

US Cloud conducts nightly disaster recovery backups where we backup each SharePoint store every night. This is the industry standard method of backing up hosted SharePoint services data. A SharePoint store is the SharePoint database that contains numerous SharePoint sites. This protects the customer in the event US Cloud suffers a system failure or other event that requires the recovery of an entire mail store. If a customer needs a specific SharePoint site recovered due to no fault of US Cloud, we may charge a service fee for this recovery service.

Due to the nature of this backup technology, our engineers are not able to restore data from an individual SharePoint site. Customers who need the ability to restore individual user data from a backup should consider the File Level Backup service.

Hosted Exchange DR Backups

US Cloud conducts nightly disaster recovery backups where we backup each mail store every night. This is the industry standard method of backing up hosted Microsoft® Exchange Server data. A mail store is the email database that contains numerous mailbox account. This disaster recovery backup is used if a mail store becomes corrupted or fails for another reason. This protects the customer in the event US Cloud suffers a system failure or other event that requires the recovery of an entire mail store.

Due to the nature of this backup technology, our engineers are not able to restore data from an individual mailbox. Customers who need the ability to restore individual user data from a backup should consider the Archiving service.


Domain Names

New Customers

A Customer must have a domain name at the time they first subscribe to US Cloud Services or use a subdomain provided by US Cloud such as yourco.sharepointspace.com.

Existing Customers

An existing Customer who has a domain name which is managed by US Cloud, will have their domain name transferred to Customer’s ownership and sole control as of the next renewal date of Customer’s domain name. This may or may not coincide with the renewal date of the Customer’s service with US Cloud

Domain Name Renewals

Customers will be responsible for obtaining their domain name, and for renewing their domain name on a timely basis. US Cloud will not perform these services for Customers, and is not responsible for the consequences of Customer’s failure to renew or maintain Customer’s domain name.


Customer Billing & Payment Policies

Payment Methods

  1. *Credit Cards
    • Visa, Mastercard, Discover and American Express
      Payments will appear as “US Cloud LC” on customer credit card statements
    • * Payment by credit card for invoices greater than $10,000 will only be accepted with prior approval
  2. Direct Debit (ACH)
    • A credit card is required on file for redundancy purposes for those selecting direct debit (ACH) for payment. If the ACH system has a problem, your credit card will be billed to prevent service interruption due to lack of payment.
  3. Personal Check, Company Check, Wire Transfer
    • Any ordered products or services cannot be started until full payment has been received and cleared by US Cloud’s bank.
    • Customers paying via personal/business check whose payment is not received before the renewal date are charged a reactivation fee and moved to credit card billing

Renewal and Billing Schedule

  • All services are billed on a monthly, quarterly, bi-annual, or annual basis and are prepaid
  • All accounts will be automatically billed on their renewal (anniversary) date unless cancellation is received from subscriber
  • Credit cards are charged at the beginning of the new billing cycle
  • Check payment must be received prior to the end of the billing cycle
  • If check payment is not received, the account will be suspended
  • There is no grace period for check payments
Additional Services

Additional services can be added at any time.
When a service is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle.

Foreign Countries

US Cloud welcomes orders from any country. All payments are in US Dollars.

Customer Past-Due & Non-Payment

Credit Card Failures

In the event of any credit card failure, a notice will be sent to the billing contact via email.
If the credit card continues to fail and alternate payment is not obtained, the account will be suspended.

Returned Checks and Insufficient Direct Debit (ACH) Funds

Non-sufficient fund checks and direct debit (ACH) will results in a a fifty dollar processing fee to the client.

Interest on unpaid accounts

Any amounts not paid by the due date shall be charged an additional amount equal to two percent (2%) for each month or fraction of a month that the payment is received after its due date.

If you are late in paying more than one payment and pay less than all amounts due at the time a payment is received by US Cloud, amounts received shall be applied first to the oldest amounts due and then to the next oldest, and so on.

Account Reactivation

If a service was cancelled due to client request or due to past-due / non-payment billing issues and the client desires to reactivate the account, a non-refundable reactivation fee applies according to the schedule below. If you would like to restore the original site once your account returns to a good-standing status, there is an additional data-recovery fee of $199.

Service Type Site Reactivation Data Recovery
Shared/Multi-Tenant Hosting $ 25.00 USD $ 99.00 USD
Dedicated Hosting $ 99.00 USD $ 595.00 USD

Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees if applicable. If an account was cancelled due to policy violation, US Cloud will not reactivate the account.


Cancellation & Refund Policy

(Applies ONLY to customers who are not subject to Hosting Agreements, Managed Services Agreements, or other written contracts for services.)

Cancellations

Cancellations are effective on the date when notice is received by US Cloud LC through the appropriate notification procedure.

Cancellation notification procedure

The appropriate notification procedure for a cancellation is either by email or fax on company letterhead from the person listed in the US Cloud account records as the billing contact.

  • Please include the following in the cancellation request:
    • Email address we have on file for the primary billing contact on the account
    • Domain name for the site you are canceling
    • Date you would like to cancel the service
    • Reason for canceling

Cancellations received will stop recurring billings for the next unbilled service period, and for any billed service period that has not started as of the date of cancellation, but may already have been billed by US Cloud LC.

Refunds

For Existing Services Upon Renewal

Customers that have existing recurring services that have been automatically renewed are eligible for a refund if US Cloud LC is notified within thirty days of the service period that they wish to cancel. After the first thirty days of renewed service, no refunds will be given.

Refund amounts for existing services upon renewal are based on the duration of the service term, and prorated in whole-month amounts as follows:

Service Term Length Prorated Refund
Monthly No Refund
Quarterly 2/3 of total recurring quarterly fees
Annual 11/12 of total recurring annual fees

Violations

US Cloud has the right to terminate or refuse service to anyone and reserves the right to immediately discontinue service to anyone violating its policies. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a five hundred dollar clean up fee. US Cloud reserves the right to delete the policy violating Website content without notice.

US Cloud prohibits sites engaged in:

Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.

Ecommerce customers/sites not paying for an ecommerce hosting plan.
Ecommerce site is defined as a Website that lists any product or service for sale. Excessive (determined by US Cloud ) affiliate linking unrelated to your primary business is also prohibited.

Adult content
The determination of what is “adult content” and prohibited shall be solely made by US Cloud.

Gambling content
The determination of what is “gambling content” and prohibited shall be solely made by US Cloud.

Internet abuse
Including but not limited to spamming – mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming or verbally abusing support staff. Spammers may be charged up to $5000 for cleanup fees and may face criminal prosecution.

Spamming
Sending spam (unsolicited electronic mail) through the US Cloud system is not permitted and will not be tolerated.

US Cloud defines spam as “the sending of bulk emails or the sending of email to users that have not explicitly asked to receive the sender’s message.” US Cloud will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending spam/bulk emails. We reserve the right to suspend or cancel US Cloud accounts that send bulk or unwanted junk mail (spam).  US Cloud reserves the right to limit the number of outgoing recipients of an individual email message to one hundred (100).

Systems abuse
Including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, redirects/masking without express permission of US Cloud, installing continuously running programs, such as IRC bots, and reselling CGI scripts.

Uploading Unsupported Databases
Clients who have uploaded database(s) to the Web server, and whose hosting plan does not support database(s), will be notified via email. Client will have 5 business days to remove database(s) or be automatically moved to the appropriate plan meeting the client’s quota needs.

Resellers

Reselling hosting services or hosting multiple Websites without the express permission of US Cloud is strictly prohibited.

Using DNStechniques such as redirects, masks, forwards, etc… to direct top/2nd/3rd level domains, subdomains, IPs inside or outside the US Cloud Hosting Network, to any folder, subfolder, subWeb or content outside the root of the domain on record, is prohibited. Subwebs within SharePoint sites not related to the site (for example, another company) are expressly prohibited. Each unique SharePoint site must have its own hosting plan.

Overages

Clients exceeding their monthly hard disk space usage or transfer quota will be notified via email and will have 2 options.

  1. Pay the overage
  2. Move to the next highest hosting plan meeting their current quota demands.
    If client does not respond within 5 business days of notice, the second option will be exercised on their behalf.

Support Parameters

Free Technical Support is provided via phone, 24/7 online help desk, and email for all paying customers. Technical support emails will be answered within 1 business day. Most support issues are resolved the same day reported. Billing inquiries will be answered within one business day. Client agrees not to spam or abuse support.

Our Technical Support representatives are always willing to diagnose issues related to server connectivity, user ID and passwords. Diagnosing or correcting issues with unsupported third-party software or scripts is beyond the scope of free support.

If you are experiencing problems that are a result of third-party software applications, we recommend that you either contact the manufacturer directly, or contact one of our Consulting Service representatives, who are billed out at a reasonable hourly rate. Instead of calling, you may prefer to use our online Help Desk System.

Our Technical Support staff is available to assist you with troubleshooting all of the areas listed below. For services extending beyond those listed, you can speak with one of our Consulting Services representatives, who are billed out at a reasonable hourly rate. Instead of calling, you may prefer to use our online Help Desk System.

Server Connectivity
  • Server not responding by domain or IP address
  • Inability to connect with FTPor FrontPage via domain or IP address
  • Inability to upload files via FTP
  • Inability to connect to your mail server
Script Paths
  • Verify the script was uploaded as a text file
  • Verify that the path to the interpreter is correct
  • Check that the path to your site is correct
  • Verify that you can publish and import a Web page (including publishing to a local drive)
  • Verify that our Email forms and confirmation forms are working properly on your server
FrontPage
  • Check that FrontPage Search Engine is functioning
  • Check that the FrontPage Counter is working
  • Re-install FrontPage Server extensions
  • Verify that the functions necessary for uploading your content (host name, user ID and password) will authenticate and allow you to build your Website
  • Check the permissions on directories to allow scripts to run
Mail Server
  • Verify that your domain can send and receive mail
  • Verify the mail server is up
  • Verify you can log on and administer your mail server
  • Verify the mail server is functioning properly
SharePoint
  • Connectivity to the SharePoint Service
    talking/instructing the end-user logging into to the SharePoint server(s)
  • Connectivity of FrontPage or SharePoint tools to modify SharePoint Sites
  • Creation of SharePoint sub-sites and users
  • Installation of SharePoint templates
Exchange
  • Connectivity to the US Cloud service
    talking/instructing the end-user through configuring and connecting to the US Cloud email server(s) and receiving/sending email
  • Configuration of Microsoft® Outlook® software
    talking/instructing the end-user through configuring Microsoft® Outlook® and higher for Windows PCs
  • Creation of additional mailboxes, distribution lists, and user aliases
  • Issues related to Public Folders
  • Issues related to security settings within the exchange (server-side) environment
SQL Server
  • Verify that you can log on to your SQL account
  • Verify you have administrator access to your SQL database
  • Set MIME types on NT servers only
SharePointSpace.com Sub-Domains
  • Verify your subdomain is on our DNSservers

Support Expectations

In order that you may be better able to plan the implementation of your Shared Hosting account,
here are examples of time frames you may expect.

REQUEST TYPE ACTUAL TIME STIPULATION
SSLcertificate” requests 24 hours Request and SSL certificate installation is handled within 24 hours
The customer is required to work with the company providing theSSLcertificate, therefore the entire process may take up to 1 week.
Plan changes
upgrades, downgrades
24 hours If you are using a subdomain of our sharepointspace.com domain, allow 24 hours for our name servers to update before new hosting account can be accessed via IP #.
Account cancellations 24 hours Accounts with open billing items may require extra time

System Updates

The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. US Cloud reserves the right to modify the processing times at any time without notice. If a client or US Cloud support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.


Security and Reliability

The security and reliability of the US Cloud Hosting and services is our highest priority. US Cloud works to maintain a fast, secure network and offer easy, hassle-free services. However, there are times when we cannot guarantee 100% reliability:

  • Unusual Internet (pipe) congestion
  • Automatic System Updates
    • US Cloud’s servers regularly update themselves with patches and bug fixes.
      Occasionally, these patches/fixes can affect our servers in an unexpected, detrimental way.
      Many of these patches/fixes are installed automatically and cannot always be tested prior to their implementation.
  • Terrorist Attack
  • “Acts of God”
    e.g. Tornado, Hurricane, Earthquake, etc…
  • Virus/Worm/Denial of Service Attack

You specifically agree that US Cloud cannot be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the US Cloud service in excess of the cost of service provided.  Cumulative liability of US Cloud to a customer shall not exceed the total monthly service fee of the immediate prior one month of service.

Transmission of Data

You agree that US Cloud is not responsible for any unauthorized access or modification of your data stored by or transmitted via the US Cloud services. You also agree that US Cloud is not responsible or liable for any content sent using, or received from, the US Cloud services including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.

Virus Policy

Exchange hosting services provided by US Cloud provide virus protection against incoming email viruses sent to your US Cloud addresses. All incoming messages to your mail domain are scanned. It is our policy to delete affected attachments prior to delivery to your US Cloud mailbox. US Cloud virus protection uses the latest technologies to help ensure your protection. Our server software (virus patterns) is updated nightly.

Virus protection is an ongoing process and it’s impossible to protect against 100% of the virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. End-users are responsible for protecting their computers and ensuring they are virus-free. We recommend that each end-user run a local antivirus and malware software package on their PC for additional protection. US Cloud will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending virus-infected emails. Most viruses are transmitted by email, but not all. If your email software is connected to another email service other than US Cloud, it is possible that virus-infected email could be pulled into your US Cloud account from another service. US Cloud cannot be held responsible for virus-infected email originally sent to email services outside of US Cloud.

Passwords

It is the end-user’s responsibility to keep his/her password confidential, and to change the password on a regular basis. US Cloud is not responsible for any data losses or security issues due to stolen passwords. US Cloud recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.). US Cloud support does not have access to viewing existing passwords. For security reasons, US Cloud support can only reset passwords.

Size of Mailbox (email)

Each mailbox has a storage capacity or limit. This is done to protect your account and others from potentially large volumes of email sent to a single address that could disable or halt the email system server. Additional storage can be purchased by emailing or calling the Sales Team. It is the end-user’s responsibility to ensure that his/her mailbox does not reach capacity. US Cloud is not responsible for email lost due to full mailboxes.


Legal & Disclaimer

Use of Microsoft® Outlook® Software

US Cloud hosted Exchange service includes the licensing for Microsoft® Outlook Software. The license fee is included with the monthly US Cloud service fee; however we may charge a nominal fee to ship the media to you. End-users are allowed to install the software one time and only on one PC for each US Cloud mailbox. Each end-user/individual using the US Cloud service must purchase an individual Subscriber Access License (SAL) – otherwise known as a “mailbox” for this service. Unfortunately, sharing of a single mailbox is not allowed unless additional licenses are purchased on a monthly basis for each user.  If you cancel your US Cloud account you acknowledge that you are responsible for uninstalling any Microsoft® Outlook® client software that is licensed as part of the US Cloud service.

License to US Cloud

Customer hereby grants to US Cloud a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Website. Except for the rights expressly granted above, US Cloud is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.

Disputes: Governing Law

This agreement will be governed and construed in accordance with the laws of the State of Missouri, without regard to conflict of laws provisions. You and US Cloud agree that the Missouri Circuit Court for the County of St. Louis, Missouri, USA, shall have exclusive jurisdiction over any dispute between you and US Cloud relating in any way to the US Cloud service or Website or these Terms and Conditions. You and US Cloud expressly and irrevocably consent to personal jurisdiction and venue in such court. You and US Cloud agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Marketing

Customer agrees that during the term of this Agreement US Cloud may publicly refer to Customer, orally and in writing, as a customer of US Cloud. Any other public reference to Customer by US Cloud requires the written consent of Customer.

Intellectual Property

US Cloud hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable US Cloud Technology solely for the purpose of accessing and using the Services. Customer may not use the US Cloud Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from US Cloud to Customer any US Cloud Technology, and all rights, titles and interests in and to the US Cloud Technology shall remain solely with US Cloud. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the US Cloud Technology.

US Cloud’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of US Cloud. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of US Cloud. US Cloud shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by US Cloud to Customer. US Cloud may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.

Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to US Cloud relating to the Services will be treated as being non-confidential and non-proprietary. US Cloud may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Indemnification

Client agrees to defend, indemnify and hold harmless US Cloud against any liabilities arising out of defective products sold to customers from US Cloud servers, personal injury or property damage caused by products or services sold or distributed from US Cloud servers, any material that infringes or allegedly infringes on the rights of a third party available from US Cloud servers, and any material that libels or allegedly libels a third party available from US Cloud servers.


Disclaimer

US Cloud is not responsible for any damages to any client’s business. US Cloud makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of US Cloud’s Internet services is at the client’s sole risk. US Cloud’s services are provided on an “as is, as available” basis.

US Cloud does not guarantee that our services will be uninterrupted or error free. US Cloud will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will US Cloud be liable for any claims resulting from the use or inability to use US Cloud’s services – including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to US Cloud servers, InterNIC problems, DNScaching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

US Cloud reserves the right to revise our policies at any time.

Last Revision Date: January 26, 2012