Terms of Service (TOS)

Use of our services constitutes client acceptance of the
following terms and agreement to abide by them. Secure1Cloud reserves the right
to amend or change these terms at any time and continued use of our services
constitutes client acceptance.

General

1. In no event will Secure1Cloud be liable for any
damages, including, without limitation, direct, indirect, incidental, special,
consequential, or punitive damages arising out of the use of or inability to
use Secure1Cloud’s services or any content thereon.  This disclaimer
applies, without limitation, to any damages or injury, whether for breach of
contract, tort, or otherwise, caused by any failure of performance; error;
omission; interruption; deletion; defect; delay in operation or transmission;
computer virus; file corruption; communication line failure; network or system
outage; or theft, destruction, unauthorized access to, alteration of, or use of
any record.
2. Colocation customers agree to and shall maintain in force and effect
during the Term of this Agreement one or more policies of commercial general
liability insurance, with a company licensed to do business within the state
where the Building is located, insuring Customer against all hazards and risks
customarily insured against by persons locating equipment such as the Equipment
in space in buildings such as the Space in the Building. Customer shall
maintain property insurance (inclusive of coverage for data, media and
electronic data processing perils) written on a “Special Form” basis at full
replacement cost value. Customer’s policies shall contain provisions providing
that such insurance shall be primary insurance insofar as Customer is
concerned, with any other insurance maintained by Secure1Cloud being excess and
noncontributing with the insurance of Customer required hereunder; and the same
shall provide coverage for the contractual liability of Customer to indemnify Secure1Cloud.
Each of Customer’s policies shall name Secure1Cloud and any additional persons,
or entities that Secure1Cloud may reasonably designate in writing, as
“additional insureds”. All such policies shall provide that Customer’s insurer
waives all rights of subrogation against Secure1Cloud. The insurance
requirements set forth herein are independent of Customer’s indemnification and
other obligations hereunder and shall not be construed or interpreted in any
way to restrict, limit, or modify Customer’s indemnification and other
obligations, or to limit Customer’s liability. Prior to occupying the Space or
upon Secure1Cloud’s request, Customer shall submit to Secure1Cloud evidence
that Customer has the insurance policies required hereunder in effect and shall
provide to Secure1Cloud certificates, with copies of all applicable
endorsements attached, to Secure1Cloud.
3. Customers must adhere to our Acceptable Use Policy.
4. Customers must inform us of regulatory issues that may arise from
their use of our services. You may not use our services for the storage,
processing or transmission of Protected health information without informing us
in advance and obtaining written permission. Customers that store, process or
transmit Protected health information are required to enter into a business
associate agreement prior to using our services. Before storing, processing or
transmitting Protected health information the customer must have adequate
mechanisms in place for monitoring and protecting data, including implementing
access control systems. Customer agrees and must ensure Secure1Cloud staff
does not and  will not be given logical access to Protected health
information and the customer will meet all regulatory requirements for HIPAA
compliance.

Data/Backups

1. We are not liable for any loss of data for any
reason. This includes but is not limited to, colocation, data backups,
dedicated servers or virtual private servers.  It is the customers
responsibility to maintain adequate off-site backups of their data.
2. Customer acknowledges hardware or Software raid is not a form of data
backup.

Ordering

1. All orders must include your real name, street
address, phone number and e-mail address.  Providing false information may
result in immediate termination of your account without a refund.
2. Orders are deployed in the order in which they are received.
3. Payment is required at the time the order is placed.  Failure to
send payment will result in the order being canceled by our system.
4. Dedicated and virtual servers are setup within 24 to 48 hours of
order/payment.
5. All services are month to month and automatically renew unless you
have completed a cancellation request for each service.

Billing

1. Due to the nature of our industry and the cost
involved in maintaining your service, we do not offer refunds.
2. When you order your service, you are billed for an entire month up
front.
3. Invoices are generated and e-mailed to you 10 days before they are
due every month. The due date is the day you originally purchased the
service. They are available in your client support panel.
4. Services that are set to auto billing will use your default credit
card set on your account and will be charged on the invoice due date.
5. If your payment is declined or you fail to submit payment 5 days
after due date, your services will be suspended until we receive full
payment.  An e-mail payment reminder is sent to you on the following days:
– 5 days before the invoice is due
– 1st Reminder: 1 day after due date
– 2nd Reminder: 3rd day overdue
– 3rd & Final Reminder: 4th day overdue
6. We do not telephone or send postal mail notifying you of your
suspended services.  If you are concerned that an e-mail may not reach
you, then you should proactively check your account for outstanding invoices.
7. A $5 late fee will be added to your current overdue invoice if its 5
days past due. It will be paid by automatically charging your default payment
method that is on your account.
8. Your monthly bandwidth usage allotment is calculated by your total
transferred both inbound and outbound traffic.  Bandwidth overages are
invoiced 1 month following the usage period.
9. Failure to make payment past an invoice’s due date may result in your
services and account being terminated.  Terminated services data will be
erased and non-recoverable.  In no event shall Secure1Cloud staff be
responsible for loss of data.
10. A billing dispute or issue of any kind does not exempt you from
paying current and or future invoices.  Billing disputes resolved in the
customer’s favor will receive an account credit for over payment.  If any
charge-backs occur on your credit card or PayPal account at any time, we
reserve the right to terminate all services without notice.

Cancellations

1. All cancellations requests must be submitted
before the next renewal period date for each service you want to cancel. This
can be done in your customer support panel under the active service you want to
cancel and select Request Cancellation.
2. Failure to cancel your service before the next renewal period date
will result in the service renewing automatically and you will be charged for
an additional full month of service.
3. Colocation cancellations for shipped equipment:  we require
clients to pay their packing fees invoice before their packages can be picked
up.  Clients must purchase shipping labels for their packages and be
picked up with in 30 days of cancellation.  Clients equipment that has not
been picked up within 30 days of cancellation will become property of Secure1Cloud.
4. Colocation cancellations for pick up of equipment:  if client is
picking up their equipment at our facility they must have a $0 balance on their
account and have sent us an e-mail/ticket request for the scheduled
date/time.  Clients equipment that has not been picked up within 30 days
of cancellation will become property of Secure1Cloud.

Security/Abuse

1.Violations of system or network security are
prohibited, and may result in criminal and civil liability.  Secure1Cloud
will investigate incidents involving such violations and may involve and will
cooperate with law enforcement if a criminal violation is suspected.
2. You may not upload any material that violates or infringes on the
copyright, intellectual property rights or trademark rights of any individual
or organization.
3. Piracy, hacking, cracking, phreaking, warez, pyrotechnics,
exploitative software or text that educates or encourages this activity and/or
use is not allowed.
4. You may not upload ROMs and Emulators.  This is non-negotiable.
5. You may not publish any material that is grossly offensive,
including, exploitation of children, blatant expressions of bigotry, hatred,
harassment, defamation, or invasion of privacy.  This includes material
that defames, abuses, harasses or threatens any person or group.
Pornography is allowed as long as it meets all U.S. laws and regulations.
6. Spam is not allowed, and you may not reference Secure1Cloud in any
unsolicited email that you send.  You may not link from spam messages to
websites hosted here.  If you receive multiple abuse complaints, spam
listings or hit spam traps your services may be suspended or terminated without
prior notice.
7. You may not use your service in the commission of any crime that
violates the laws of local, state, and federal government of the United States
of America.
8. You are solely and fully responsible for the contents of your
account.  Any and all repercussions will be born solely by you as the
account holder.
9. In no event will Secure1Cloud be liable for any damages, including,
without limitation, direct, indirect, incidental, special, consequential, or
punitive damages arising out of the use of or inability to use Secure1Cloud’s
services or any content thereon.  This disclaimer applies, without
limitation, to any damages or injury, whether for breach of contract, tort, or
otherwise, caused by any failure of performance; error; omission; interruption;
deletion; defect; delay in operation or transmission; computer virus; file
corruption; communication line failure; network or system outage; or theft,
destruction, unauthorized access to, alteration of, or use of any record.
10. We reserve the right to terminate any account without warning or
notice if any of the TOS or AUP restrictions are violated and we reserve the
right to examine the contents of any account at any time.
11. We will not give a refund if you are terminated due to violations of
our AUP or TOS policies.
12. If we receive abuse complaints about your service and you fail
to correct these issues or respond to our security department, we reserve the
right to suspend or terminate your service.
13. You may not use Secure1Cloud Dedicated Servers or VPS services for
mining crypto currency such as Bitcoin, or Litecoin.