This terms of service is an agreement between you, the customer (including you and any agents or representatives authorized by you), which may heretofore be referred to as "you", "your", "customer" or "user", and Unlimited Net, LLC d/b/a OnTheCloud.co, which may heretofore be referred to as "we", "us", "our", "OnTheCloud", "OnTheCloud.co", "Unlimited Net, LLC" or "Unlimited Net". This agreement covers the services offered by Unlimited Net, LLC and used by or purchased by you. The services generally fall in the category of web site server hosting and may be referred to interchangeably as dedicated server, server hosting, web site hosting, network connectivity, Internet bandwidth, Internet traffic, server management, or other applicable or similar terms.
These terms of service may be changed by Unlimited Net, LLC from time to time, with or without notice.
IP addresses are assigned as per ARIN (as applicable). 1 IP address is included with each Dedicated Server at no cost to the client. Additional IP addresses will not exceed $2/mo per IP address. We will assign up to 5 IP addresses per Dedicated Server without ARIN justification, but may offer more with proper justification, depending on availability. All IP addresses remain the property of Unlimited Net, LLC or it's service providers, as applicable, and assignments of IP addresses to customers will be revoked when service is cancelled or suspended, if IP addresses are not being used, or if IP addresses are being used in a way inconsistent with ARIN rules (as applicable).
Dedicated Servers are rented on a monthly basis. Therefore, any server cancellation will be effective at the end of the current monthly billing cycle.
We allow users to cancel their service at any time during the month, or to schedule with us ahead of time when service should be discontinued. In order to avoid being charged for a month of service you do not want, be sure to provide at least 48 hours notice of cancellation before the end of the current monthly billing cycle.
Refunds will typically be made to the same account that the original payment was made. In the event that our payment processor does not allow us to refund the payment, refunds will either be made via PayPal or check. Customer can also opt to have a refund applied as a credit against future service charges.
Invoices for Dedicated Servers will be sent out 7 days before the end of the monthly billing cycle. All services not paid for by the start of the monthly billing cycle are at risk of suspension or termination.
Prices may be changed at any time, effective at the start of the next billing cycle. Due to the historically declining prices of bandwidth and server hardware, we anticipate that price increases generally will not be necessary. However, events outside of our control, such as prices charged to us for software licenses, power, space, labor, or due to changes in regulations, taxes, fees, or other costs of doing business are unpredictable in nature and may at some point require raising rates unexpectedly.
Currently, all services are priced in US dollars. Estimated prices in other currencies may be given for informational purposes, but are not guaranteed to be accurate and will change along with exchange rates. In the future, we reserve the right to price some or all services in a different currency.
Prices listed on the web site, Unlimited Net, LLC, when not labeled specifically as a kind of promotional offer (such as "sale", "limited time offer", "clearance", "overstock", "special offers", or other similar wording), may be applied to any existing or new order of exactly the same item(s). In the case of plans or offers that are not exactly the same, ability to upgrade or downgrade from an existing plan to a new plan may be limited based on stock on hand.
From time to time, Unlimited Net, LLC may offer promotional pricing or discounts for newly introduced services, to eliminate excess inventory, to take advantage of promotional offers provided to us by our vendors, or for other reasons. Existing customers may order new services to take advantage of these offers, but these offers will not be applied to existing services or agreements.
Special promotional pricing may be offered to specific existing or potential customers, or specific groups of potential or existing customers, from time to time, on a case by case basis, taking into account the economics of the particular situation and our business goals at that time. As such, offers made to specific customers, specific potential customers, or specific groups of customers or potential customers are only valid for those customers the offer is made to, and may not be applied to existing or new orders by any other person or group.
Some Dedicated Server configurations include metered bandwidth or data transfer. This means that a customer will be given a particular port speed, along with an allowed monthly data transfer limit. In the case of metered bandwidth offerings, the maximum port speed would normally be capable of exceeding the customer's allowed monthly transfer limitation. The customer recognizes that it is their responsibility to stay within this transfer limit to avoid any overage charges. Unless specified otherwise alongside the advertisement of the particular hosting package, our standard fee for overage charges on all 1000Mbps (or less) port plans are $100 per each TeraByte of overage. Data transfer is the total number of bytes transferred in and out of your server.
This means that there are no overage charges and the customer may use as much bandwidth as their package specifies, 24/7 if they want to. If users wish to upgrade or downgrade their connection speed, they should submit a ticket to our sales department and we will be glad to quote a price for a higher or lower bandwidth package.
Unlimited Net, LLC may (but is not obligated to) contact the customer using any available contact information, in order to inform them when any billing, technical, or administrative issue may cause service interruption or other problems, to notify the customer of any abuse complaints or legal actions that need resolution, or to notify of important service changes, such as changes to the terms of service.
For this reason, we require that the customer maintain a working phone number and email address on file with Unlimited Net, LLC, and that the customer make sure that their spam filters do not block emails from Unlimited Net, LLC. Unlimited Net, LLC will not share this contact information with outside parties except as required by law, as required in order to provide the agreed upon services, or at the request of the customer.
The content and type of usage of the service is not regularly monitored for violation of these terms or of applicable law. In the course of performing other duties related to operating Unlimited Net, LLC, we may become aware of activities that are in violation of this agreement or applicable law. Upon noticing or being informed of these violations, we may take appropriate action, which, depending on the nature of the infraction, may include a warning, temporary or permanent service suspension, or, in cases of exploitation of children or other serious crimes, notification to the proper authorities.
Even if we become aware of a specific violation, this does not obligate us to regularly monitor for future violations by the same customer or any other customer, as we do not have the resources nor the authority to regularly monitor customers in this way. We may, however, monitor the quantity of resources used, such as bandwidth and other statistical information, to ensure proper billing, capacity planning, and service reliability.
In no case may Unlimited Net, LLC's services be used to conduct an attack on other networks or hosts, in any capacity. Doing so may result in permanent service suspension without refund.
If DoS attacks are made against a customer's Dedicated Server, our first priority is to take steps to mitigate the impact to other customers, which may include null routing the affected IP address(es) or otherwise suspending service of the Dedicated Server being attacked. In the case that an attack does not affect other customers or the Unlimited Net, LLC network, where possible, steps will be taken to mitigate the attack, and the Dedicated Server will not be taken offline or suspended.
If a Dedicated Server, which is the target of frequent or repeated denial of service attacks, negatively impacts the Unlimited Net, LLC network or it's customers, the Dedicated Server may be permanently suspended.
Unlimited Net, LLC reserves the right to disallow the usage of Internet services that are frequent targets of DoS attacks, such as IRC.
All legal adult content is allowed, as per applicable law.
Legal usage of bittorrent is allowed, including running trackers, clients, or web sites for non-copyright-infringing material. Laws regarding copyright infringement will apply, according to applicable US law. Frequent or unresolved DMCA complaints regarding bittorrent usage may be grounds for service suspension.
Because IRC usage attracts a disproportional amount of denial of service attacks, the Unlimited Net, LLC network does not allow usage of IRC clients, servers, bots, or other IRC technology. Customers who are found to be running IRC servers, clients, or bots, may have their service suspended temporarily or permanently, at the discretion of Unlimited Net, LLC. Customers who knowingly run IRC servers, clients, or bots, which are targeted by DoS attacks, may have their service permanently suspended without refund, at the sole discretion of Unlimited Net, LLC.
In order to minimize abuse, any proxy being ran must be properly secured according to industry best practices, to reduce the occurrence of complaints from our upstream provider, including, but not limited to, complaints regarding spam, denial of service, harassment, threats, impersonation, hacking, automated crawling, and other generally undesirable activity. Customers who operate proxies which are subject to repeated and disproportionate levels of abuse may have their service suspended.
Sending of bulk unsolicited commercial email (spam) is not allowed and will not be tolerated. We prohibit spam or any unsolicited commercial email from being sent either over the Unlimited Net, LLC network by clients or any other users of the Unlimited Net, LLC network (including the client's customers). Running a legitimate opt-in mailing list or emailing existing customers is, of course, allowed.
Although we may provide an opportunity to rectify spam problems that are not intentional on the part of the customer, ultimately, every customer is responsible for the activity that occurs via the services that they are paying for. Thus, customers who receive an occasional spam complaint but who do not appear to be knowingly sending spam, may be given notice to correct the issue, but repeated offenses may be grounds for service suspension. During any notice period given (if any), steps may be taken by Unlimited Net, LLC as necessary to stop spam from being sent by the customer's services, including temporarily suspending service, firewalling certain traffic, or other appropriate means.
Customers who are, as determined by Unlimited Net, LLC, knowingly sending spam may have their service permanently suspended without refund. Operating web sites or services on the Unlimited Net, LLC network that are being or have been advertised in spam are also not allowed and are subject to the same policies as applied to services used to send spam.
If customer's improper actions or inactions are the cause of Unlimited Net, LLC IP space being listed in any spam blacklist or database, that customer may be permanently suspended without refund, at the sole discretion of Unlimited Net, LLC.
Running web sites that attempt to steal a user's login information or other personal data (phishing sites) is strictly prohibited. Users who unknowingly host these sites must take them down immediately and their service may be temporarily suspended until action is taken to rectify the situation. Users who repeatedly host phishing sites risk having their service permanently suspended. Users who, as determined by Unlimited Net, LLC, intentionally host phishing sites using Unlimited Net, LLC services may have their service permanently suspended without refund, at our sole discretion.
Unlimited Net, LLC's networks and servers may only be used for legally permissible purposes under applicable law. Violations of this rule may lead to temporary or permanent suspension of service, with or without refund, and / or notification of appropriate law enforcement, at Unlimited Net, LLC's sole discretion. Uses that are not allowed include, but are not limited to:
Distributing child pornography
Violating applicable copyright law
Transmitting threatening messages
Violating applicable trademark or patent law
Using the service to commit denial of service attacks
Illegally defaming or slandering another person or group
Acting in any other way not consistent with applicable law
Committing any action which incurs legal liability for Unlimited Net, LLC
Attempting to hack into or otherwise attempt to disrupt any network or system not belonging to you
In the case of any legal action, customer agrees that the effective jurisdiction will be in Bartholomew County, Indiana, USA, unless this jurisdiction is not allowed by law. Applicable laws that must be followed when using our services include US law.
Unlimited Net, LLC offers both managed and unmanaged services for Dedicated Servers. Customers who opt for managed service are still given full root access to these services and are expected to do most things themselves, but are not on their own if they run into problems like they would be with a fully unmanaged service. Unlimited Net, LLC is happy to assist in solving problems related to performance issues, initial server setup and optimization, migrating data from an existing server, security hardening, network and OS installation, configuration and troubleshooting, installing Apache / MySQL / PHP / DirectAdmin / cPanel / Windows Server / IIS, and similar common, foundation-level web server software. Unlimited Net, LLC may, at its discretion, offer support for third party applications and scripts, but is under no obligation to do so, and any work done beyond that listed previously in this paragraph is done on a best-effort basis.
Accounts, passwords, and other private information are provided for customer's use only. The customer is responsible for any use of their services or accounts, and is therefore responsible for maintaining the security of their accounts and passwords. Unlimited Net, LLC will only ask for a user's password in response to a support ticket submitted via our secured ticketing system. At no other time should you give your username or password to anybody.
The services offered by Unlimited Net, LLC are being provided on an "AS IS" basis and Unlimited Net, LLC expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. In no event shall Unlimited Net, LLC be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if Unlimited Net, LLC is aware of or has been advised of the possibility of such damages. Without limitation of the foregoing, in any case, the maximum liability that can be incurred by Unlimited Net, LLC is equal to the amount actually charged for services during the time period of usage claimed for damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Unlimited Net, LLC and all affiliates of Unlimited Net, LLC, and all officers, agents, employees, and representatives of Unlimited Net, LLC, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the Unlimited Net, LLC products and/or services by Unlimited Net, LLC and its agents and employees. Further, You agree to defend, indemnify and hold Unlimited Net, LLC harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Unlimited Net, LLC be notified of a pending law suit, or receive notice of the filing of a law suit, Unlimited Net, LLC may seek a written confirmation from You concerning Your obligation to defend, indemnify Unlimited Net, LLC. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Unlimited Net, LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Unlimited Net, LLC of any such claim promptly in writing and to allow Unlimited Net, LLC to control the proceedings. You agree to cooperate fully with Unlimited Net, LLC during such proceedings.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account information you have provided.
You attest that you are of legal age to enter into this Agreement.
Unlimited Net, LLC does not have an official reseller program, but you are allowed to resell the services that we provide to you, to your own customers, provided that you or your employees or agents are responsible for first level technical support and billing for your customers. Any issues that require interaction with our technical support team must be raised in our help desk by yourself or your employees, and not directly by your customers.
Even when reselling service to others, resellers are responsible for the actions taken on the services they are paying for, including bandwidth overages, or violations of the terms of service.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Unlimited Net, LLC, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Unlimited Net, LLC may immediately terminate this Agreement.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
Last Revision: 2023.08.24.001
