Terms of Service

Our Services

Cloud Clusters LLC provides Virtual Private Servers (VPS), GPU VPS, dedicated servers, GPU dedicated servers, Cloud applications and related enterprise add-ons (including Kubernetes clusters, high-availability database hosting, load balancing, RDP hosting, VPN solutions, and backup services) to a wide range of business and individual clients (collectively, the "Services"). Each VPS, dedicated server, and GPU server instance provides the customer with dedicated, isolated compute and storage resources as described in the applicable Service Order.

Acceptable Use Policy (AUP)

Cloud Clusters LLC has a responsibility to protect each of our clients and the integrity of our network. The following activities are strictly prohibited on the Services:

• Hosting, publishing, or distributing pornographic, sexually explicit, or indecent content, including content depicting extreme acts of violence.
• Sending unsolicited communications, promotions, or spam (including bulk email) of any kind.
• Transmitting altered, deceptive, or false source-identifying information, including "spoofing" or "phishing."
• Launching or facilitating DoS/DDoS attacks against any third party, or operating booter/stresser services.
• Probing, scanning, or testing the vulnerability of any system or network without explicit authorization.
• Breaching, bypassing, or circumventing any security, authentication, or access control measures.
• Accessing or tampering with non-public or restricted areas of the Services without express authorization.
• Interfering with or disrupting the integrity or performance of the Services or any host or network, including via viruses, flooding, or mail-bombing.
• Accessing or creating accounts through any means other than our publicly supported interfaces, including automated scraping or bulk account creation.
• Promoting third-party products or services without appropriate authorization.
• Unauthorized reproduction, sale, or distribution of copyrighted content or media.
• Hosting or operating IRC servers/bots, BitTorrent clients, or other P2P applications or services.
• Hosting, distributing, or linking to cracks, key generators, or pirated/unlicensed software.
• Advocating or inciting bigotry, discrimination, or hatred against any individual or group based on a protected characteristic.
• Violating any applicable law or regulation, including storing or sharing fraudulent, defamatory, or misleading material, or material that violates third-party privacy or intellectual property rights.
• Using the Services for cryptocurrency mining, blockchain validation, staking, mining-pool operation, or any automated system for generating digital-asset rewards.
• Using any GPU server, AI/LLM hosting, image-generation hosting (e.g., Stable Diffusion), or related compute Services to generate, store, or distribute: (a) child sexual abuse material (CSAM) or any sexualized content involving minors; (b) non-consensual intimate imagery or sexual deepfakes of real persons; (c) content generated in material violation of a third party's intellectual property rights, including outputs produced through unauthorized use of copyrighted training data; or (d) any output otherwise prohibited elsewhere in this AUP.

Software Licensing Responsibility

Customers are solely responsible for ensuring that all software, applications, operating systems, scripts, plugins, and other content installed, executed, or used on the Services are properly licensed and comply with all applicable third-party license agreements, terms of service, and intellectual property laws.

Cloud Clusters LLC does not verify or monitor the licensing status of software installed by customers and shall not be responsible for any unauthorized software usage, license violations, non-compliance with open-source licenses (including GPL, MIT, Apache, or other applicable licenses), or disputes between customers and software vendors. It is the customer's obligation to maintain proof of licensing and to renew or update licenses as required by the respective software providers.

Account Eligibility

• By registering for or using the Services, you represent that you are at least eighteen (18) years of age, and that the Services are intended solely for users 18 or older. Unauthorized use by anyone under 18 is a violation of this Agreement.
• If you use the Services on behalf of another party, you represent that you are authorized to bind that party to this Agreement.
• It is your responsibility to keep your account contact information accurate and current. Cloud Clusters LLC is not responsible for any lapse in Services resulting from outdated contact information.
• You are fully responsible for all use of your account and for maintaining the confidentiality of your account credentials.

Bandwidth Utilization

• Cloud Clusters monitors and manages bandwidth utilization to ensure optimal performance for all customers. Excessive or sustained high bandwidth usage that adversely affects network integrity may require us to take appropriate action, including throttling.
• We will make reasonable efforts to notify clients before implementing bandwidth management measures, except where immediate action is necessary to protect network integrity.
• At Cloud Clusters, bandwidth is shared at the rack level—this applies to both dedicated servers and VPS plans, so some degree of sharing is always present. The bandwidth tier shown in your plan is the maximum supported speed, but actual real time throughput depends on the current network load and congestion within the rack where your server resides, as well as usage by other servers sharing that same bandwidth. Your own local network conditions and physical distance from the server can also affect the speeds you experience.

Shared Resources Disclosure

Cloud Clusters LLC provides VPS and GPU VPS services on multi-tenant virtualized infrastructure. While each VPS instance is allocated virtual CPU, memory, storage capacity, and network resources according to the applicable Service Order, certain underlying physical resources are shared among multiple customers and managed through virtualization technologies to optimize overall infrastructure efficiency and reliability.

CPU Virtualization: Virtual CPU (vCPU) cores assigned to a VPS represent allocated virtual processing resources and do not represent guaranteed exclusive access to physical CPU cores. Actual CPU performance may vary depending on underlying hardware architecture, host system utilization, workload characteristics, and usage patterns of other tenants sharing the same physical infrastructure. Cloud Clusters LLC may implement reasonable resource management measures (including CPU throttling or scheduling adjustments) when sustained resource consumption negatively impacts infrastructure stability or other customers.

Memory Allocation: Memory assigned to VPS services may be managed through virtualization technologies, including but not limited to dynamic memory allocation, memory ballooning, page sharing technologies, and swap mechanisms. The memory displayed or available inside the guest operating system may vary depending on current workload, operating system behavior, virtualization management, and infrastructure optimization mechanisms. The memory capacity listed in the Service Order represents the maximum allocated memory available to the VPS unless otherwise specified. Customers are advised to monitor their actual resource usage through the control panel or operating system tools.

Storage Performance: Storage performance may vary depending on the underlying storage architecture (including HDD, SSD, or NVMe tiers), workload patterns, and concurrent usage by other customers sharing the same storage infrastructure. Storage capacity allocated to VPS services does not guarantee fixed IOPS, throughput, or latency unless such performance characteristics are explicitly included in the applicable Service Order.

Resource Contention Management: Cloud Clusters LLC continuously monitors infrastructure performance and may take reasonable corrective actions to address excessive resource contention or abnormal usage patterns. However, unless explicitly stated in a dedicated server, bare-metal server, or dedicated GPU Service Order, customers acknowledge that VPS and GPU VPS resources operate within a shared virtualization environment and do not include guaranteed exclusive access to physical CPU cores, physical memory, storage performance, or network capacity.

Refusal, Suspension, and Termination of Service

• Cloud Clusters LLC accepts orders from outside the United States but may limit accounts from certain countries or email domains with a history of fraud. Countries sanctioned by the U.S. Department of the Treasury are automatically ineligible for Services.
• To protect against fraud, we may request government-issued identification and/or a photo of the payment card used. Failure to provide requested verification may result in an order being treated as fraudulent and denied.
• Communications with our staff that are vulgar, threatening, or abusive toward staff will result in a warning; continued abusive conduct may result in suspension or termination without refund. For clarity, this clause applies only to genuinely abusive or threatening communications directed at our personnel, and does not restrict a customer's right to pursue legitimate legal claims, file a payment dispute/chargeback in good faith, or post an honest public review of our Services.
• Any customer who violates these Terms may have the violating service, and at our discretion all other services on the account, immediately cancelled, and may become ineligible for future Services.
• We reserve the right to refuse, cancel, or suspend Service at our reasonable discretion.

Backup Policy

• Clients are strongly encouraged to maintain their own independent backups of all Customer Content.
• Our VPS services, including GPU VPS, include automated backups by default. Data restoration from available backups is provided free of charge for these customers.
• (GPU) dedicated (bare metal) servers do not include automated backups by default unless separately purchased as an add on. We strongly recommend that customers set up their own regular, extra backups for any important data, as a precaution against unexpected incidents or data loss.
• Regardless of product type, any Service billed on an hourly or other short-cycle/pay-as-you-go basis does not include automated backups by default.
• A non-refundable $25.00 fee applies if a client requests backup files to be downloaded or delivered.
• Backup availability is not guaranteed in any case, and clients remain solely responsible for their own data.

Storage & Disk Usage

Storage Allocation: Storage allocations vary by plan and are specified at the time of purchase. For VPS plans, storage is provided on a shared storage infrastructure. For dedicated GPU bare-metal servers and traditional dedicated servers, storage is allocated exclusively to your server, though total usable capacity may differ from the advertised amount due to space required for the operating system, system files, control panel, and other supporting software.

Data Retention Upon Termination: Upon termination or expiration of your services, we reserve the right to delete all customer data from our systems. Customers are encouraged to retrieve any necessary data before service termination. We do not guarantee the availability of data after service cancellation.

Prohibited Data Types: The following types of data may not be stored on our servers:

• Protected health information (PHI) as defined under HIPAA
• Sensitive data such as information about children
• Any data that violates applicable laws or regulations
• Content that infringes on intellectual property rights
• Content that is defamatory, harassing, or discriminatory

IP Addresses

• Cloud Clusters LLC retains ownership and control of all IP numbers and addresses assigned to you, and may change or remove assigned IPs in its discretion.
• Dedicated IP requests are subject to justification requirements consistent with American Registry for Internet Numbers (ARIN) policy, and may be denied for insufficient justification or utilization.

IP Reputation and Blacklist Responsibility: IP addresses are assigned based on availability, allocation policies, and network management requirements. Cloud Clusters LLC does not guarantee that any assigned IP address has a neutral or positive reputation history, nor that it will remain free from listing on third-party blacklist databases or real-time blocklists (RBLs) during the term of service. Customers are solely responsible for maintaining appropriate usage practices, securing their systems and applications, and preventing any abusive or malicious activities (including but not limited to spam, phishing, or malware distribution) that may negatively impact the reputation of an assigned IP address. While Cloud Clusters LLC may, upon request and at its sole discretion, assist customers with investigation or remediation efforts concerning IP blacklisting, we do not control third-party blacklist operators. Removal from such lists is subject to the policies and procedures of the respective third-party operators. Cloud Clusters LLC does not guarantee successful delisting and shall not be held liable for any damages, email delivery failures, or service interruptions resulting from an IP address being blacklisted by third parties.

Support Services and Boundaries

• We provide support related to your server/infrastructure, not application-specific issues such as custom programming, HTML, or third-party applications.
• We do not provide live chat support for free services.
• We do not provide technical support to your end customers (for resellers).

Customer System Modifications

Customers have full administrative control over their VPS and dedicated server environments, including the ability to install software, modify operating system configurations, adjust firewall rules and security settings, change kernel parameters, install drivers, and perform other system-level changes.

Cloud Clusters LLC is not responsible for any service interruptions, security vulnerabilities, performance degradation, data loss, or system instability caused by customer-installed software, operating system modifications, firewall configurations, security settings, kernel changes, drivers, or any other customer-controlled modifications.

Customers are strongly advised to create full system backups before making any major configuration changes and to test modifications in a non-production environment where feasible. Customers remain solely responsible for maintaining the stability, security, and compatibility of their systems following any configuration changes.

Reseller Relationships

Customers Reselling Cloud Clusters Services: If you resell Cloud Clusters Services to your own end customers ("Reseller"), you are responsible for your end customers' conduct and compliance with this AUP. You must make your end customers aware of this Agreement and its consequences for violation. Cloud Clusters LLC reserves the right to take direct action (including suspension) against an end-user account where necessary to address an AUP violation, regardless of the Reseller relationship.

Resellers may only resell Cloud Clusters LLC's own infrastructure products — namely VPS, GPU VPS, dedicated servers, GPU dedicated servers, Cloud applications, and related enterprise add-ons.

HIPAA Disclaimer

We are not "HIPAA compliant." Clients are solely responsible for compliance with applicable laws governing the privacy and security of sensitive data, including health information. The Services may not be appropriate for storing "protected health information" under HIPAA, and doing so without our prior written agreement is a material violation of this Agreement and grounds for immediate termination. We do not sign Business Associate Agreements, and Cloud Clusters LLC is not a Business Associate, subcontractor, or agent of yours under HIPAA.

Sanctions, Export Control, and Prohibited Persons

The U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") prohibits U.S. companies from engaging in commercial activity with certain sanctioned countries and Specially Designated Nationals ("SDNs"). You may not register for, subscribe to, or use the Services if you are located in a country comprehensively sanctioned by the United States, or if you are listed as an SDN or otherwise restricted party, as such designations are updated by OFAC from time to time.

Additionally, because our GPU server and AI/compute Services may be subject to U.S. export control laws, including the Export Administration Regulations ("EAR"), you may not access, use, or permit access to advanced computing or GPU-based Services from, or on behalf of, any destination, entity, or person subject to U.S. export restrictions on advanced computing items, including parties on the U.S. Entity List, Denied Persons List, or comprehensively embargoed destinations. You represent that you will comply with all applicable export control and sanctions laws in your use of the Services.

KYC Verification

KYC Verification is performed to prevent fraud, block fraudulent orders, avoid service abuse, and ensure compliance with sanctions laws. Our Billing Team may request government-issued identification, proof of payment, business registration details, or other documents. We may request updated information from existing customers from time to time, with reasonable time provided for submission. If required documents are not submitted in a timely manner or fail verification, we reserve the right to cancel the order and terminate the Service; for recently paid orders, refunds will be issued to the original payment method.

Product & Plan Change

Right to Modify Products and Services: We continuously evaluate and update our product offerings to reflect changes in operational costs, technological advancements, infrastructure improvements, and evolving customer needs. We reserve the right to modify, suspend, or discontinue any aspect, feature, or requirement of our Services—including, but not limited to, hardware specifications, software inclusions, storage allocations, bandwidth limits, feature sets, and default service configurations—at any time. Such modifications may also result from changes imposed by third-party vendors we contract with to provide Services.

We may make technical and other changes to our Services within the scope of what is reasonable.

Pricing Adjustments: Prices are subject to change to reflect underlying costs, including but not limited to vendor licensing fees, infrastructure and hardware costs, foreign exchange rates, tax and duty changes, and other operational expenses. We reserve the right to adjust our pricing structure at any time.

Notifications: For significant or material changes that affect your active services, we will make commercially reasonable efforts to provide advance notice via email, your account control panel, or other appropriate channels. The notice period for material changes will be reasonable under the circumstances and may vary depending on the nature and urgency of the change. However, we are not obligated to provide individual notice for every minor, technical, or non-material change to our Services. The most current version of our product specifications and pricing is always available on our website.

Existing Subscriptions and Grandfathering: For customers who have already purchased a plan under a specific configuration and pricing structure, we will continue to honor the terms of that plan—including allocated resources, included features, and recurring fees—for the duration of the then-current billing cycle or contract term. Upon renewal, your plan will automatically roll over on the same pricing and configuration terms as your original purchase, unless you proactively elect to migrate to the then-current plan offering. Existing customers will never receive less than what was included at the time of their original subscription, unless changes are mutually agreed upon in writing or required by law. We will never force a plan change or price adjustment on you without your explicit consent.

Plan Upgrades and Migrations: Customers may choose to upgrade to a newer plan, add optional features, or migrate to a different service tier at any time. Such changes are subject to the applicable fees, terms, and conditions in effect at the time of the upgrade. Any prorated adjustments will be calculated and applied in accordance with our standard billing practices.

Discontinuation of Products: We reserve the right to discontinue any product, service, or feature at our sole discretion. In the event of a discontinuation, we will provide reasonable notice to affected customers and, where feasible, offer alternative solutions or migration paths.

Billing

Recurring Billing: Payment for Pre-Paid Services is due in advance of each billing period. Your payment method on file will be automatically charged according to your selected billing cycle (monthly, quarterly, annual, or biennial). Longer billing cycles are offered at a discounted effective monthly rate. However, this discount applies only to a full-cycle commitment. By selecting a longer term, you agree to a contract for that entire duration; no partial refunds or prorated credits will be issued if you cancel or downgrade before the cycle ends.

Payment Methods: We accept Visa, MasterCard, American Express, JCB, Discover, Diners Club, PayPal, wire transfer, check (US clients only) and Bank Account (ACH) (US clients only). Non-instant payment methods may delay service activation.

Currency and Taxes: All prices are in US Dollars. We are not responsible for currency exchange fees charged by your bank or card issuer. Cloud Clusters LLC is required by Texas law to charge 8.25% sales and use tax to Texas-based clients (including out-of-state/international companies with Texas subsidiaries).

Invoicing: Invoices are generated only for active accounts, typically 5 days before service expiration, or upon actions such as renewal, add-on purchase, or plan upgrade.

Chargebacks, Reversals, and Retrievals: If we receive a chargeback or payment dispute, your Services may be suspended without notice pending resolution. An applicable chargeback fee, plus any outstanding balance resulting from the chargeback, must be paid before service is restored. We encourage you to contact our billing team to resolve billing issues before initiating a dispute with your card issuer or PayPal. Billing errors must be reported in writing within thirty (30) days of the date billed; failure to do so waives your right to dispute the charge. Third-party fees are not subject to this dispute provision.

Service Suspension and Cancellation: Invoices unpaid 24 hours after the due date will result in service suspension. 24 hours after suspension, services may be gradually cancelled based on resource availability. VPS, Cloud APP, and GPU VPS backups, where applicable, may be retained for a limited period after cancellation; no backups are retained for GPU dedicated servers, traditional dedicated servers, or hourly-billed Services absent an active backup add-on. Cancellation requests must be submitted through the Service Management page in the Customer Portal at least two (2) days before the next billing date.

Refunds

Except as expressly stated in an applicable Service Order or as required by applicable law, all fees paid to Cloud Clusters LLC are non-refundable, including but not limited to fees for VPS, dedicated servers, GPU servers, and software licenses.

• Invoices paid more than once via multiple PayPal subscriptions will be added as account credit and cannot be refunded via PayPal.
• Any customer found to be in violation of these Terms is ineligible for any refund or credit.
• Customers are encouraged to use any available free trial before purchasing to evaluate whether a Service meets their requirements.
• If Cloud Clusters determines that a Service was materially unavailable or failed to perform as described due to an issue attributable to Cloud Clusters, the Customer may submit a refund request for review. Any refund or credit is granted solely at Cloud Clusters' discretion and may be limited to the unused portion of the Service. Cloud Clusters reserves the right to deny any request that is fraudulent, abusive, or otherwise inconsistent with these Terms.

Material Changes & Existing Customers

This Agreement, including the Refund and SLA-related terms referenced herein, is effective as of the Effective Date stated at the top of this document. Except where applicable law requires otherwise:

• Service Orders and renewals placed before the Effective Date remain governed by the version of these Terms (including any then-applicable money-back guarantee) in effect at the time of purchase, through the end of the then-current billing cycle.
• Service Orders and renewals placed on or after the Effective Date are governed by this version of the Terms.
• We will provide reasonable advance notice (e.g., by email and/or a notice on the Site) of material adverse changes before they take effect for active subscriptions.

Promotional Offers

• Promotional offers are time-limited and not valid after expiration. A customer who upgrades or downgrades service before or after a promotional offer expires is ineligible to return to that promotional rate and will revert to the then-current standard rate.
• From time to time, we may offer promotional pricing, discounts, credits, or other special offers for eligible Services. Unless expressly stated otherwise, such offers are available only during the applicable promotional period and apply solely to qualifying Orders placed and accepted during that period. The price in effect at the time an Order is accepted constitutes the agreed purchase price for that Order. We do not provide price protection, retroactive application of promotional pricing, price matching, refunds, credits, or other compensation based on any subsequent reduction in price or future promotional offer.

Section 230 / Third-Party Content

Cloud Clusters LLC is a provider of computer hosting and infrastructure services. We do not create or originate Customer Content, and to the fullest extent permitted by 47 U.S.C. § 230 and applicable law, we are not the publisher or speaker of any Customer Content. We reserve the right, but assume no obligation, to remove, restrict, or disable access to any Customer Content at our discretion, including content that violates this AUP.

Intellectual Property

As between you and Cloud Clusters LLC, you retain all right, title, and interest in and to your Customer Content. Cloud Clusters LLC and its licensors retain all right, title, and interest in the Services, our website, software, documentation, and all associated trademarks, logos, and trade names, and no rights are granted to you except the limited right to use the Services in accordance with this Agreement.

AI / GPU Compute Services Disclaimer

Certain Services, including GPU servers, LLM hosting, vLLM hosting, Ollama hosting, Stable Diffusion hosting, and GPT-OSS hosting, provide infrastructure for running artificial intelligence and machine learning models that you select, configure, and operate. Cloud Clusters LLC does not develop, train, or control the underlying models or their outputs, and makes no warranty regarding the accuracy, legality, appropriateness, or fitness for any purpose of any output generated using such Services. You are solely responsible for ensuring that your use of any AI model, and any content you generate, store, or distribute using the Services, complies with applicable law, third-party rights, and any applicable model license terms (including open-source model licenses).

Free Trial Policy

• Free trials are offered to qualified users with genuine business needs and purchase intent. We may approve or deny trial requests at our discretion.
• Each user may request up to three trial orders; repeat trials for the same plan are generally not permitted, with exceptions for resellers with ongoing needs.
• Valid, complete billing information must be submitted before a trial is approved.
• Trial duration: VPS, Dedicated, and GPU servers — 1 day; App products — 7 days.
• All AUP provisions, including the AI/GPU misuse prohibitions in Section 2, apply in full to trial usage. Trial abuse (false information, duplicate accounts, mining, proxying, or other misuse) may result in permanent blacklisting from future trials and promotions.
• Trials are automatically terminated unless upgraded to a paid plan; users are responsible for backing up all data before the trial ends.

Affiliate Program Policy

The Cloud Clusters Affiliate Program allows eligible individuals to refer visitors to Cloud Clusters in exchange for commissions on qualifying purchases.

Commission Calculation:

• VPS / APP Product Line: $10 one-time commission per paid order.
• Dedicated Server Product Line: $30 one-time commission per paid order.
• GPU Server Product Line: $30 one-time commission per paid order (excludes GPU products priced below $30).
• Orders must remain active for a minimum of 40 days to qualify for commission conversion.

Violations:

• Refund or cancellation within the initial 40 days may result in the commission being unconverted or revoked.
• No commissions for referred clients verified to be engaged in fraudulent activity; amounts already withdrawn from fraudulent orders may be deducted from other referred-order commissions.
• Commissions do not apply to non-direct hosting products.
• Registering multiple accounts to simulate a referrer-referee relationship may result in forfeiture of unwithdrawn commissions.
• Referred clients who do not complete a purchase within 30 days of clicking the affiliate link will not generate a commission. Commissions apply only to purchases made through the affiliate's link.
• Placing orders under your own name/account as your own "referral" is prohibited.

Commission Withdrawal: A minimum balance of $50 is required to initiate withdrawal. Withdrawal requests are processed within 7 business days.

Promotion of the Affiliate Relationship:

• Affiliates must use only approved links/creative and may not use cookie-stuffing techniques.
• Affiliates may not run SEM campaigns for Cloud Clusters' products without prior written approval, and may not bid on keywords containing Cloud Clusters' trademarks or confusingly similar terms.
• Affiliates may not use Cloud Clusters' intellectual property without prior written consent, and may not post unauthorized discounts or coupons.
• Cloud Clusters reserves the right to interpret and enforce these affiliate policies and to terminate any affiliate for fraud, abuse, or policy violations.

Ownership Changes and Account Disputes

Cloud Clusters LLC maintains records associated with each account, including the registrant's name, email, username, and associated payment information. We will grant access to a claimant who provides substantially all of: the original registrant's name, email, username (if available), associated payment information, and government-issued photo identification confirming rightful possession of the payment method. Absent such evidence, we will only transfer access pursuant to a valid court order or a notarized written statement from the original registrant confirming the transfer, accompanied by a notarized statement from the claimant agreeing to these Terms. You agree not to bring any claim against Cloud Clusters LLC arising from our good-faith application of this policy, and release us from related liability.

Cloud Clusters LLC is not responsible for determining ownership of websites or accounts. Where multiple parties dispute ownership and the dispute cannot be resolved within a reasonable time, we may, at our option, file an interpleader action in a court of competent jurisdiction in Texas; the prevailing party shall reimburse our reasonable costs and attorney's fees for that action.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE SERVICE LEVEL AGREEMENT. CLOUD CLUSTERS LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUD CLUSTERS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, ARISING FROM OR RELATED TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLOUD CLUSTERS LLC'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE AFFECTED SERVICE DURING THE ONE (1) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WHERE A SERVICE LEVEL AGREEMENT APPLIES, ANY SERVICE CREDIT AVAILABLE UNDER THAT SLA IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SERVICE UNAVAILABILITY OR HARDWARE FAILURE, IN LIEU OF ANY OTHER REMEDY AT LAW OR IN EQUITY.

You agree to indemnify, defend, and hold harmless Cloud Clusters LLC from any liability, losses, damages, costs, and reasonable attorneys' fees arising from your use of the Services, your Customer Content, or your violation of this Agreement.

Violations of this AUP should be reported to abuse@cloudclusters.io. All complaints will be investigated promptly.

Disclaimer; Reseller Status

Cloud Clusters LLC provides infrastructure services as described herein. Certain equipment, software, and services we use are not directly owned or written by us, and we depend on the terms of our upstream providers; where our Terms conflict with an upstream provider's terms for that specific service, the upstream provider's terms control. We are not liable for unexpected downtime, crashes, or data loss beyond what is expressly provided in the applicable SLA, nor for content or activity on customer-operated websites.

Governing Law, Jurisdiction, and Dispute Resolution

This Agreement is governed by the laws of the United States and the State of Texas, without regard to conflict-of-laws principles.

To the extent any dispute is not subject to arbitration under Section 28.1, the parties consent to the exclusive jurisdiction of the state and federal courts located in Texas, USA.

General Provisions

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

Entire Agreement: This Agreement, together with the Privacy Policy, SLA, AUP, and any applicable Service Order, constitutes the entire agreement between you and Cloud Clusters LLC regarding the Services, and supersedes any prior agreements on the subject.

Assignment: You may not assign or transfer this Agreement without our prior written consent. Cloud Clusters LLC may assign this Agreement in connection with a merger, acquisition, or sale of assets.

No Waiver: Our failure to enforce any provision of this Agreement shall not be deemed a waiver of that or any other provision.

Notices: Notices to Cloud Clusters LLC must be sent to admin@cloudclusters.io or to our mailing address above. Notices to you will be sent to the email address on file for your account.

Survival: Provisions relating to payment obligations, intellectual property, indemnification, limitation of liability, dispute resolution, and any other provision that by its nature should survive, will survive termination of this Agreement.

Force Majeure: Neither party is liable for delay or failure to perform (excluding payment obligations) due to causes beyond its reasonable control, including acts of government, war, fire, flood, labor disputes, or failure of third-party telecommunications, utility, or software providers.

Contact

Cloud Clusters LLC
4900 NW Waukomis Drive, Kansas City, Missouri 64151, USA