These Terms of Service (the “Agreement”) constitute an agreement between you (“User” or “you” or “your”) and CloudWhiz Digitech Global Ventures Pvt Ltd,an Indian corporation.

This Agreement outlines the general terms and conditions governing your use of the products and services provided by us through our website (collectively referred to as the “Services”).

Additional Policies and Agreements

Your use of the Services is subject to the following policies, which are integrated into this Agreement by reference. By using the Services, you also accept the terms outlined in the following policies:

Acceptable Use Policy

Copyright Infringement Policy

Refund Policy

Data Request Policy

Privacy Notice

Furthermore, specific Services may be subject to additional terms, which are incorporated into this Agreement as applicable. For instance, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum may apply to you and are considered part of this Agreement.

Account Eligibility

By registering for or using the Services provided by CloudWhiz Digitech Global Ventures Pvt Ltd, 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 violates 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 regarding 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 a need to contact you, we will use the primary email address we have on file. You must ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times. We are not liable for any lapse in the Services, including any lapsed domain registrations due to outdated contact information associated with the domain.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 our billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in 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 requested information may result in the denial of your order.

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.

Company Content

Except for User Content (as defined below), all content available through the Services provided by CloudWhiz Digitech Global Ventures Pvt Ltd, including designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, as well as all software used to provide the Services (collectively referred to as “Company Content”), are the proprietary property of CloudWhiz Digitech Global Ventures Pvt Ltd or its licensors. Company 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 are prohibited from directly or indirectly reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code or other trade secrets from any Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by CloudWhiz Digitech Global Ventures Pvt Ltd and its licensors.

User Content

Through the Services provided by CloudWhiz Digitech Global Ventures Pvt Ltd, you have the ability to upload, store, publish, display, and distribute information, text, photos, videos, and other content for your website (referred to collectively as “User Content”). User Content encompasses any content posted by you or by users of any websites hosted through the Services (“User Websites”). You bear sole responsibility for all User Content and any transactions or activities conducted on or through User Websites. By posting or distributing User Content through the Services, you affirm and warrant to us that: (i) you possess all 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.

For the sole purpose of providing the Services, you grant CloudWhiz Digitech Global Ventures Pvt Ltd 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, CloudWhiz Digitech Global Ventures Pvt Ltd does not acquire any right, title, or interest in or to the User Content, all of which shall remain solely with you.

We do not exercise control over, and assume no responsibility for, User Content or the content of any information passing through our computers, network hubs, points of presence, or the internet. We do not actively monitor User Content. However, you acknowledge and agree that we may, at our sole discretion, take corrective action, 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 CloudWhiz Digitech Global Ventures Pvt Ltd shall bear no liability for any corrective action taken by us.

Compliance with Applicable Law

You agree to abide by all applicable laws, rules, and regulations, including local regulations in your place of residence or where your organization is located, concerning User Content, User Websites, online activities, email, and your utilization of the Services. Specifically, but not limited to, you agree to adhere to all relevant laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are managed and operated by us from our offices within the United States (although we may share data with third parties worldwide to aid in providing the Services, as detailed further in our Privacy Notice), and we make no assertion that the Services are suitable or 

accessible for use in other regions. Individuals accessing the Services from other locations do so at their own discretion and risk, and are solely responsible for compliance with all applicable laws in those regions. We do not offer the Services in areas where prohibited by law.

In compliance with European Directive 95/46/EC, the General Data Protection Regulation 2016/679 (“GDPR”), and any relevant national implementing laws in your jurisdiction, as well as concerning your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as defined in the GDPR), and we act as a Processor (as defined in the GDPR) to the extent that you may store personal data through your use of our Services, only as permitted and subject to the terms of this Agreement. You further acknowledge and agree that you are responsible for adhering to all obligations of a data controller under applicable law (including the GDPR).

If the GDPR applies to you, you represent and warrant that in utilizing our Services, you will clearly outline in writing how you intend to utilize any personal data collected, and you will ensure you have a legitimate legal basis for transferring such personal data to us and that you possess the necessary authorization to permit us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms provided herein shall apply where you are a Controller subject to the GDPR.

HIPAA Disclaimer

The Services are not compliant with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for complying with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not suitable for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not oversee or monitor the information or data you store on, or transmit through, our Services. We explicitly disclaim any representation or warranty that the Services, as provided, comply with HIPAA. Users seeking secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and allowing access to “Protected Health Information” constitutes a material violation of this Agreement, and grounds for immediate account termination. We do not enter into “Business Associate Agreements,” and you agree that CloudWhiz Digitech Global Ventures Pvt Ltd is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have inquiries about the security of your data, please contact us by phone or chat.

Certain Services; 404 Error Page

If you fail to configure a 404 error page, CloudWhiz Digitech Global Ventures Pvt Ltd will automatically configure a default 404 error page to appear when an internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the placement of a default 404 error page and its associated content on your website by CloudWhiz Digitech Global Ventures Pvt Ltd. The default 404 error page may include advertisements and other materials selected by CloudWhiz Digitech Global Ventures Pvt Ltd in its sole discretion. This may encompass, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You retain the ability to change the 404 error page configuration at any time. CloudWhiz Digitech Global Ventures Pvt Ltd reserves the right to collect and retain all revenue obtained from such advertising and other materials.

Third Party Products and Services

Third Party Providers : We may offer certain third-party products and services, subject to the terms and conditions of the third-party provider. Discounts, promotions, and special offers from third-party providers may be subject to additional restrictions and limitations. You should review the terms of any purchase and the use of goods or services with the specific third-party provider. Please refer to Appendix A for links to the terms and conditions of certain third-party providers. Appendix A is a representative list, not a comprehensive list, of goods or services offered by third-party providers.

CloudWhiz Digitech Global Ventures Pvt Ltd does not make any representations or warranties regarding the quality, availability, or timeliness of goods or services provided by third-party providers. Transactions with these third-party providers are undertaken at your own risk. We do not warrant the accuracy or completeness of any information regarding third-party providers. CloudWhiz Digitech Global Ventures Pvt Ltd is not an agent, representative, trustee, or fiduciary of you or the third-party provider in any transaction.

The Company as Reseller or Sublicensor

We may act as a reseller or sublicensor of certain third-party services, hardware, software, and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed, or provided by us to you, will not be deemed a breach of CloudWhiz Digitech Global Ventures Pvt Ltd’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us 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 Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export, or re-export any Resold Product or any technical data derived therefrom in violation of any applicable law, rules, or regulations.

Third Party Websites

The Services may include links to other websites not owned or controlled by CloudWhiz Digitech Global Ventures Pvt Ltd (“Third Party Sites”), as well as articles, photographs, text, graphics, designs, sound, video, information, and other content or items originating from third parties (“Third Party Content”). We do not assume responsibility for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not scrutinized, monitored, or verified for accuracy, appropriateness, or completeness by us. Should you choose to access Third Party Sites or utilize any Third Party Content, you do so at your own risk, and it should be noted that our terms and policies no longer apply. You are advised to review the relevant third party’s terms and policies, including their privacy and data gathering practices, before navigating to any website.

Prohibited Persons (Countries, Entities, And Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively referred to as “U.S. Trade Laws”). You may not utilize the Services to export or re-export, or permit the export or re-export of software or technical data in contravention of U.S. Trade Laws. Additionally, by using the Services, you affirm and warrant that you are not: (a) an individual, organization, or entity organized or located in a country or territory subject to OFAC sanctions (including Cuba, Iran, Syria, North Korea, Crimea, Donetsk People’s Republic, or Luhansk People’s Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such an individual; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical, or biological weapons activities in which U.S. persons may not participate without a U.S. Government license. Unless explicit written permission is provided, CloudWhiz Digitech Global Ventures Pvt Ltd also refrains from registering, and prohibits the use of any of our Services in conjunction with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory subject to OFAC sanctions. The obligations outlined in this section shall persist beyond the termination or expiration of this Agreement or your use of the Services.

Billing and Payment Information

Prepayment

Ensuring that your payment information is current and that all invoices are settled punctually is your responsibility. You agree to pay for Services in advance of the period during which such Services are rendered. Subject to applicable laws and regulations, we retain the sole discretion to apply payments to outstanding invoices in your billing account.

Autorenewal

Unless stated otherwise, you consent to recurring billing until you notify us of your intention to cancel Services. This autorenewal mechanism, using your stored credit card or other billing information, aims to prevent any interruption to your Services.

Advance Account

Should you maintain a credit balance, it will be utilized for purchases of products or services from us. If the credit balance is insufficient for processing an order, said order may not be fulfilled. Any negative balance in the Advance Account must be settled immediately. Failure to rectify a negative balance within 24 hours may lead to the immediate termination of Services without prior notice.

Taxes

Fees listed for Services do not include applicable sales, use, revenue, excise, or other taxes imposed by taxing authorities, unless stated otherwise. Such taxes will be itemized on your invoice as a separate charge for payment by you. All fees paid are non-refundable unless otherwise specified.

Late Payment or Non-Payment

Outstanding invoices may result in the suspension or termination of Services. Access to your account will only be reinstated upon receipt of payment. Failure to pay fees as outlined may lead to the suspension or termination of your account, with the Company reserving the right to pursue collection costs, including arbitration and legal fees, as well as reasonable attorneys’ fees. New orders or packages will not be activated for customers with outstanding balances on their accounts.

Dedicated Servers

Failure to make timely payments for dedicated servers may result in reclamation and the permanent deletion of all content. You have fifteen (15) days from the expiry date to settle outstanding amounts. After this period, data on the dedicated server will be irrevocably deleted and cannot be recovered.

Domain Renewals

You have the ability to manage domain renewals within your control panel. Domain renewal notices serve as courtesy reminders, and we do not accept responsibility for any failure to renew a domain or failure to receive renewal notifications. No refunds will be provided once a domain is renewed.

Fraudulent Activities

Misusing or fraudulently using credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method is a violation of this Agreement. We reserve the right, at our sole discretion, to report any such misuse or fraudulent activity to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.

Invoice Disputes

Should you have any inquiries regarding a charge on your account, please contact our billing department for assistance.

Price Changes

The Company retains the right to adjust prices, monthly payment amounts, or any other charges at its discretion. We will notify you of any price changes at least thirty (30) days before implementing them. It is your responsibility to regularly review billing information provided by us through the user billing tool or other communication methods, including notices sent or posted by us.

Coupons

Discounts and coupon codes are exclusively for first-time accounts or customers and may not be applied to domain registrations unless otherwise specified. If you have previously registered with a particular domain using a coupon, you may not use another coupon for that domain at a later date. Violations of these policies will be assessed by our Sales department, and appropriate charges will be applied to the account. Coupon abuse may result in account suspension or termination. All coupons and discounts are applicable only to the initial purchase and do not affect renewal or recurring prices.

Cancellations and Refunds

Refunds

Please refer our Refund Policy to know more.

Non-refundable Products and Services

There are no refunds for fees on Sectigo WebDNS, dedicated servers, or additional products such as Codeguard, Digital Certificates, Domain Backorder Service, shared VPS hosting, SiteLock install fees for custom software, and any other products or services.

Cancellation Process

You may cancel or terminate Services from the control panel. Upon cancellation, all accrued fees and charges are payable. Access to the control panel for product or service renewal or account information updates will be suspended. However, access to purchased Services remains until the prepaid term ends.

Pending orders on your account at cancellation will be processed if your Advance Account has sufficient funds. Unfulfilled orders will be reversed, and we reserve the right to cancel them.

We may deny or cancel any order within thirty (30) days of processing, refunding the charged fees if necessary.

Termination

We reserve the right to terminate your access to the Services, either entirely or partially, including the deletion or confiscation of all files, content, and/or domain name registrations, without prior notice if:

(i) You fail to pay any fees due to CloudWhiz Digitech Global Ventures Pvt Ltd;

(ii) You breach the terms and conditions outlined in this Agreement;

(iii) Your actions pose a threat to CloudWhiz Digitech Global Ventures Pvt Ltd or others, result in liability for CloudWhiz Digitech Global Ventures Pvt Ltd or others, or disrupt CloudWhiz Digitech Global Ventures Pvt Ltd's business operations, as determined by CloudWhiz Digitech Global Ventures Pvt Ltd at its sole discretion;

(iv) You engage in abusive behavior towards CloudWhiz Digitech Global Ventures Pvt Ltd's staff;

(v) Any other lawful reason, including compliance with applicable law, or as stipulated in this Agreement.

In such circumstances, CloudWhiz Digitech Global Ventures Pvt Ltd will not refund any prepaid fees, and you will be liable for all fees and charges accrued prior to the termination.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.

CPU, Bandwidth, and Disk Usage

Permitted CPU and Disk Usage

Shared hosting space is intended solely for web files, active email, and content of User Websites. It may not be utilized for storage purposes, including offsite storage of electronic files, email, or FTP hosts. We reserve the right to review shared accounts for excessive CPU, disk space, and resource usage resulting from a breach of this Agreement or the Acceptable Use Policy. We may, at our discretion, terminate access to the Services or remove User Content for accounts found in violation of these Terms and Conditions and other policies. Dedicated and VPS usage is subject to the resources allocated to the specific plan purchased.

Bandwidth Usage

Bandwidth usage is unmetered for shared hosting services only. Bandwidth usage for dedicated, reseller, and VPS services is subject to the terms and limitations of the purchased plan, which can be found in your control panel.

Reseller Terms and Client Responsibility

Shared accounts are not intended for reselling web hosting to others. Reseller accounts must be used for hosting reselling purposes.

Resellers are required to ensure that each of their clients, customers, or users ("Reseller Users") adheres to this Agreement, including Appendix A, for clarity.

Resellers are responsible for supporting Reseller Users, including providing customer service, billing support, and technical assistance. The Company does not offer support to Reseller Users directly. If a Reseller User contacts us, we reserve the right to suspend a reseller client account until the reseller takes responsibility for the Reseller User. All support requests must be made by the reseller on behalf of the Reseller User for security reasons.

Resellers are also accountable for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller liable for any actions of their clients that violate the law or this Agreement.

The Company is not liable for the actions or omissions of our resellers. Resellers agree to indemnify the Company from any claims made by any User resulting from the reseller's actions or omissions.

The Company reserves the right to modify our Reseller Program at any time. Changes will be effective when posted online or on any subsequent date specified by the Company.

Resellers in the Company’s Reseller Program assume full responsibility for billing and technical support for each User signed up by the reseller.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, USER CONTENT, USER WEBSITES, OR OTHER MATERIALS ACCESSED THROUGH THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE COMPANY’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY 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.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, our affiliates, and their respective officers, directors, employees, and agents (each an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including 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.

Arbitration

Your use of the Services is also governed by the following:

Unless you are in India, you hereby agree to the Company’s Arbitration Agreement, incorporated into this Agreement by reference and accessible here.

Alternatively, if you are in India, the following provision applies:

All disputes, controversies, and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”), shall be referred to and resolved by arbitration in Mumbai, India, under the provisions of the Arbitration and Conciliation Act, 1996. However, if a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy due to the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, exempt from this Section. The arbitration tribunal shall consist of one arbitrator jointly appointed by the parties within fifteen days from the date of the first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on the appointment of such arbitrator, the arbitrator shall be appointed as per the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the arbitrator(s)' appointment, they shall produce a final and binding award within six months of their appointment. The parties shall use their best efforts to assist the arbitrator(s) to achieve this objective. The parties agree that this six-month period shall only be extended in exceptional circumstances, to be determined by the arbitrator(s) in their absolute discretion.The arbitral award shall be final and binding on the parties and enforceable according to its terms. The arbitrator shall state reasons for their findings in writing. The parties agree to be bound by and act accordingly to the award. All arbitration costs shall be shared equally by the parties.

Independent Contractor

The Company and User are independent contractors, and nothing in this Agreement establishes the relationship of principal and agent, partners, or joint ventures between them. Neither party has, expressly or implicitly, the authority to make contracts or enter into agreements in the name of the other party, or to obligate or bind the other party in any manner.

Governing Law and Jurisdiction

If you are in India, any dispute arising from or related to this Agreement, including its formation or breach, shall be governed by the substantive laws of the Republic of India.

However, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Backups and Data Loss

Your use of the Services is at your own risk. The Company does not maintain backups of dedicated accounts or Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. The Company is not liable for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain appropriate backups of files and data stored on the Company’s servers.

Limited Disclaimer and Warranty

The services provided under this Agreement are on an “as is” and “as available” basis. Except as expressly provided in this section, the Company, 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. We make no representations or warranties that the Services will be uninterrupted, error-free, or completely secure; as to the results that may be obtained from the use of the Services; or as to the accuracy, reliability, or content of any information provided through the Services. We are not liable for the content of any data transferred to or from users or stored by users on or through the Services. The terms of this section survive any termination of this Agreement.

Entire Agreement

This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations, and agreements between the parties regarding the subject matter herein, constituting the sole and entire agreement between the parties.