General Information

The terms and conditions contained in this Agreement (“Agreement” or “TOS”) govern the relationship between Cloudsome (“Cloudso.me” or “Us”) and the Customer (“Customer” or “You”). Both individuals and organizations may enter into this Agreement with Cloudsome. If You are an organization, the representative who agrees to this Agreement represents that he or she has the authority to enter into this Agreement on the behalf of the organization, which shall be bound the terms of the Agreement.

By signing up for an account or enrolling in our services, You acknowledge that You are authorized to enter into this Agreement and agree to all terms and conditions contained herein.


Our Services

  • Cloudso.me provides services that enable you to determine if your website is live and will notify you when your website is down. Cloudso.me provides its services “as is.” Cloudso.me reserves the right to modify and improve its services and features at any time.
  • In the event Cloudsome needs to provide You with customer support, You agree that Cloudsome shall have the right to access Your account for this purpose.
  • Cloudsome may, in its sole and absolute discretion, limit or suspend its services for any reason. This limitation/suspension of service may be due to situations including, but not limited to, scheduled maintenance or Your violation of this Agreement.
  • Cloudsome will contact You via email regarding any scheduled maintenance to its website and any limited suspensions of service that may result. It is Your responsibility to ensure that Your email address is current.
  • Cloudsome’s services are contingent upon You providing Cloudsome with the most up to date information. In the event that any of the information provided by You to Us has changed, it is Your responsibility to notify Us via email of the change.

Your Use Of Our Services

  • You shall provide Cloudsome with a valid email address and accurate, up to date payment information.
  • You agree that Your use of Cloudsome is for the purpose of monitoring websites either owned and/or controlled by You. You acknowledge that Your use of Cloudsome for any other purpose, such as to monitor the website of a third party, is an unauthorized use of Cloudsome and may subject Your account to termination.
  • You agree that You will not use Cloudsome for any illegal or improper purpose. Improper purposes include, but are not limited to, actions that cause harm to Us or other users. You agree to be solely liable for any damages incurred with any illegal or improper use of Cloudsome. You agree that Cloudsome may terminate Your account at any time if it deems Your use of our services to be illegal or improper.
  • You agree that You shall not permit any third party to access or use Cloudsome on your behalf. You further agree that You will not use Cloudsome’s services on behalf of any third party.
  • You agree to not create multiple free Clousome accounts solely for the purpose of avoiding limitations imposed on unpaid accounts.
  • You shall be solely responsible for the security of any user information and passwords associated with Your account.
  • You shall take commercially reasonable measures to prevent the unauthorized use of Cloudsome’s services. You shall be responsible for all account activity conducted on Your behalf, whether authorized or unauthorized.
  • You agree that Cloudsome retains all intellectual property rights in its services, methods, and software. You agree to refrain from using any marks belonging to Cloudsome.
  • You agree to not disrupt, tamper with, or circumvent any protective mechanisms such as security measures or licenses. You agree to not attempt to access, copy, or modify any of Cloudsome’s software.
  • In the event of a security breach or the discovery of unauthorized access of Your account, You shall notify Cloudsome immediately.
  • You agree that Cloudsome’s services are solely for the benefit of the Customer and You agree not to copy, duplicate, sell, or resell any aspect of Cloudsome’s services.
  • Customer represents and warrants that its website is lawful and does not promote any goods or services which are not lawful in the jurisdiction where made available. Customer represents and warrants that its website shall remain lawful and shall not promote any illegal goods or services, as described above, for the entire duration of Client’s subscription with Cloudsome.

Billing & Payments

  • By enrolling in Cloudsome’s paid services, You authorize Cloudsome to charge Your credit card for fees connected with Cloudsome’s services and for other fees, including, but not limited to taxes, renewal fees, and fees associated with extra services.
  • You agree to maintain current and valid billing and payment information. You agree that in the event that Cloudsome is unable to process payment due to invalid or expired information, You shall not receive the benefit of Cloudsome’s services until payment is received.
  • You acknowledge that Cloudsome provides its paid services on a subscription basis and that accordingly, You will automatically be billed every month, for Cloudsome’s services.
  • You agree that Your subscription will automatically renew on a monthly basis until You cancel Your subscription or contact Us to opt out of the automatic renewal.
  • You shall have the option to pre-pay for one full year of Cloudsome’s services. In the event that You choose this payment option, Your subscription shall renew on a yearly basis until You cancel Your subscription or contact Us to opt out of the automatic renewal.
  • You shall have the right to cancel Your subscription to Cloudsome’s services at any time. In the event that You cancel Your subscription prior to Your renewal date, You shall continue to receive the benefit of Cloudsome’s services until Your renewal date. You shall not be entitled to a pro rata refund for the services provided from the date of Your cancellation until Your next billing date.
  • Cloudsome shall reserve the right to change the prices it charges for its services and may make such changes at any time. Cloudsome will provide You with reasonable notice via email regarding all changes in price. Such changes shall become effective the next billing cycle, unless otherwise specified in a notice to the Customer. Continued use of Cloudsome’s services and failure to cancel Your subscription shall constitute acceptance of the new prices charged by Cloudsome. If You do not accept these pricing changes, You must cancel Your subscription to avoid being charged the different rate. You shall continue to receive the benefit of Cloudsome’s services until Your renewal date. You shall not be entitled to a pro rata refund for the services provided from the date of Your cancellation until Your next billing date.

Account Cancellation

  • You may cancel Your subscription at any time by logging into Your account and following the steps listed regarding cancellation.
  • Cloudsome reserves the right to suspend or terminate Your subscription at any time and without prior notice if, in its sole and absolute discretion, it determines that You have breached any of the provisions of this Agreement. Such suspension or termination shall be effective immediately and Customer shall not receive a refund for the time remaining on Customer’s subscription.

Refunds

  • Customer may cancel its subscription at any time pursuant to the previous Section of this Agreement.
  • No refunds will be given for the period of time from the date of cancellation until the renewal date, unless required by law.
  • In the event that You experience any technical problems with Cloudsome’s services, You should immediately contact Us via email or phone at the contact information listed on our “Contact Us” page. Within a reasonable time, Cloudsome shall take remedial action to fix such technical problem, if caused by Cloudsome. If Cloudsome shall remedy the technical problem, such remedial action shall constitute Customer’s sole and exclusive remedy regarding any breach of this Agreement.

Data and Its Uses

  • From time to time, Cloudsome may provide You with analytical data regarding the website(s) that we have been contracted to monitor (“Customer Analytical Data”). This Customer Analytical data shall be owned by You. However, You may only use the Customer Analytical Data for internal business purposes (unless otherwise provided under this Agreement) and according to applicable law. All other data shall be owned by Cloudsome
  • Cloudsome shall have the right to use Customer Analytical Data in an aggregated and/or anonymous manner (“Aggregated Data”), provided such use will not reasonably lead to the identification of the Customer or the Customer’s website.
  • Cloudsome shall retain the right to use Aggregated Data for the purpose of analysis and statistics.
  • Cloudsome will not share any other data provided or processed by the Customer unless: (i) We have Your consent; (ii) We determine that disclosure is required by law or We determine that disclosure is reasonably necessary to protect the rights, property, and safety of Cloudsome, its users, or the public; or (iii) as otherwise provided in this Agreement or our Privacy Policy.
  • Cloudsome and its employees and contractors shall take all appropriate measures to secure against the unlawful processing of the Customer’s data.
  • Cloudsome shall store and handle the Customer’s data in a manner consistent with industry security standards in order to minimize any risk of unauthorized use or access to the Customer’s data.
  • In the event the Cloudsome experiences a security breach that may affect the Customer, Cloudsome shall notify the Customer regarding such breach. However, it is the responsibility of the Customer to take any action necessary to mitigate the potential impact of such breach.

Changes to This Agreement

  • Periodically, Cloudsome may, in its sole and absolute discretion, modify the terms of this Agreement. Any modifications and/or updates to this Agreement may be made by Cloudsome without prior notice to You and are effective once posted to this page.
  • Your continued enrollment in Cloudsome’s services shall constitute Your acknowledgement of and acceptance to the modifications and changes to this Agreement.
  • You acknowledge that it is Your responsibility to visit this page to ensure that You are aware of the most recent provisions of this Agreement. You further acknowledge that any modifications or updates made to this Agreement replace all previous versions and provisions of this Agreement.

Disclaimers

  • Periodically, Cloudsome may, in its sole and absolute discretion, modify the terms of this Agreement. Any modifications and/or updates to this Agreement may be made by Cloudsome without prior notice to You and are effective once posted to this page.
  • Cloudsome gives no guarantees with respect to the continuous availability or response time of Cloudsome’s services and website.
  • Cloudsome gives no guarantees regarding the accuracy of the Consumer Analytical Data it provides Customer and the ability of Cloudsome in detecting whether or not Customer’s website(s) are live.
  • Cloudsome gives no guarantees regarding the time it will take for Cloudsome to notify Customer regarding an interruption in their website(s)’ service, and cannot guarantee that it will be able to successfully notify You to inform You of any interruption.
  • Cloudsome shall not be responsible for any loss or corruption of data or content. Customer acknowledges and agrees that it is solely responsible for maintaining a system to protect and back up its data.
  • In its discretion, Cloudsome may use third party vendors and hosting partners to provide any necessary hardware, software, network, and other technology necessary to provide its services to Customer. Cloudsome shall not be liable for any damages attributable to any third parties.
  • No implied conditions, or warranties, including those relating to quality and fitness for a particular purpose shall apply to Cloudsome’s services, website, method, and software.

Force Majeure

  • Neither party shall be liable for breach of this Agreement, other than Customer’s failure to pay for Cloudsome’s services, to the extent that the breach was caused by a condition beyond the party’s reasonable control (such as natural disaster, act of war or terrorism, riot, governmental action, internet interruption, and telecommunications/power failure). The party responsible for such breach shall use reasonable efforts to mitigate the breach and resume performance as soon as reasonably practicable.

Limitation of Liability

  • You expressly acknowledge and agree that Cloudsome shall not be liable for any direct, indirect, incidental, special, consequential, liquidated, or exemplary damages, including, but not limited to damages for lost profits, goodwill, use, data, or other intangible losses resulting from (i) the use or inability to use Cloudsome’s services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained through or from Cloudsome’s website; (iii) unauthorized access to or changes of Your data; (iv) statements or conduct of any third party on Cloudsome’s service or website; (v) any other matter relating to Cloudsome’s services.
  • Cloudsome’s liability to You for any damages or losses whether in tort, contract, negligence, or otherwise, shall not exceed that amount paid by Customer, if any, for Customer’s subscription during the twelve (12) months preceding the event that caused such loss.
  • You agree to indemnify, defend, and hold harmless Cloudsome and its officers, directors, employees, and agents from any third party claims, liability, damages, and attorneys’ fees and costs arising from (i) Your use of Cloudsome’s website and services; (ii) Your breach of this Agreement; (iii) the infringement of Your account by You or an unauthorized user; (iv) the violation of any of Cloudsome’s intellectual property rights; and (v) the violation of the rights of any other person or entity.

Miscellaneous

  • This Agreement, along with any sales transaction and any documents incorporated by reference herein, shall constitute the entire agreement between the Customer and Cloudsome and shall supersede any and all agreements, written or oral, concerning this matter.
  • This Agreement shall prevail over any additional terms regarding Cloudsome’s services which have not been approved by Cloudsome in writing.
  • If for any reason any of the provisions of this Agreement is held to be ineffective or unenforceable, such determination shall not affect the validity or enforceability of any other provision of this Agreement or the Agreement as a whole. If any part of this Agreement is held to be invalid, unenforceable, or unlawful, the remainder of this Agreement shall continue to be valid and enforceable to the fullest extent of the law.
  • This Agreement does not create an employer-employee relationship between Cloudsome and the Customer. Furthermore, Cloudsome shall not be deemed an agent of the Customer. Nothing in this Agreement is intended to create a partnership or joint venture between Cloudsome and the Customer.
  • Nothing contained in this Agreement is intended to confer any rights upon any third party.
  • The terms of this site will be governed and have the venue of the laws of the State of Arizona without regard to its conflict of law principles to the contrary, except that the Arbitration provision above shall be governed by the Federal Arbitration Act.