Acceptable Use Policy
CloudApps is dedicated to the use of the internet to improve the lives of individuals throughout the world. Our goal is to deliver premium internet hosting services and solutions to all of our Customer at a reasonable price and make available the benefits of the Internet as broadly as possible. The purpose of this AUP is to inform all Customer of the acceptable uses of the Services. CloudApps is committed to encouraging the use of the internet through its Services and Third Party Services, but such use must be consistent with the laws and regulations governing use of the internet and must protect the right of its other customers to use its Services. The AUP is designed to achieve these goals. Customer agrees to comply with the AUP and is responsible for the use of the Services and Third Party Services by all entities and individuals. CloudApps has the right to change or modify the terms of the AUP at any time, effective when posted to the CloudApps’s web site at http://www.cloudapps.sg/company/legal. Customer’s use of the Services or Third Party Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
The Public Network of CloudApps provides public internet access to Customer servers and data storage services on CloudApps’s network. All Customer are granted equal access to the Public Network.
All IP Addresses assigned to Customer are non-transferable, and Customer retains no ownership or transfer rights to such IP Addresses. All IP Addresses are assigned by the CloudApps engineering team on a per VLAN and/or per server basis. Attempted use by Customer of any unallocated IP Address or any IP Addresses on VLANs not assigned to Customer is a violation of this AUP.
The following list provides a number of general prohibited uses of the Services and/or Third Party Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses.
Unlawful Activities. The Services and/or Third Party Services shall not be used in violation of any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. This includes, but is not limited to:
- Unlawful gambling activities
- Threats, harassment and abuse of any individual, organization or business
- Fraudulent activities
- Terrorist websites or other sites advocating human violence and hate crimes based upon religion, ethnicity or country of origin
- Unlawful high yield investment plans, Ponzi schemes or linking to and or advertising such schemes
- Pornography: In particular, the Services and/or Third Party Services shall not be used to publish, submit, receive, upload, download, post, use, copy or otherwise produce, transmit, distribute or store any kind of pornography including but not limited to child and/or adult pornography.
- Unsolicited Email: The use of the Services and/or Third Party Services to send or receive mass unsolicited email ("SPAM"). This prohibition includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin or knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the Customer mails or sends.
- Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services.
- Proxy Email: The use of the Services and/or Third Party Services as a proxy email server to forward email to unrelated Third Parties.
- UseNet SPAM: The use of Services to send, receive, forward, or post UseNet unsolicited email or posts. This includes UseNet services located within the CloudApps network or unrelated networks of Third Parties.
- Hacking: The use of the Services and/or Third Party Services or hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network.
- Threatening Material or Content: The Services and/or Third Party Services shall not be used to host, post, transmit, or retransmit any content or material that harasses, or threatens the health or safety of others. In addition, CloudApps reserves the right to decline to provide Services and/or Third Party Services if the content is determined by CloudApps to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
- Violation of Intellectual Property Rights: The Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of CloudApps or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
- Distribution of Malware: The storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity is prohibited. The use of such programs in the normal ordinary course of business, however, may be requested by Customer and approved by CloudApps on a case by case basis. Example: Security company using the Services to analyze the latest root kit for new security analysis/software.
- Phishing: Any activity designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any activity related to phishing activities may result in the immediate suspension of Customer’s account.
- Violation of Agreements relating for Third Party Services. Any activity which violates any agreements for Third Party Services which are directly between the Customer and the provider of the Third Party Services.
- Denial of Service. Any activity to implement or assist in the implementation of denial of service attack. CloudApps absolutely prohibits the use of Services for the origination, propagation or control of denial of service attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customer may not utilize the Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) which may result in attracting inbound denial of service attacks toward the Services. Any relation to DoS or DDoS type activity is a direct violation of CloudApps’s AUP. If the Services are being attacked by any DoS or DDoS, and with that the attack continues and goes beyond the limit where the DoS protected network could mitigate, CloudApps will null-route, ACL or otherwise suspend the Services in its entirety to maintain quality of service for other Customer on the network.
We (“CloudApps”) are committed to protecting the confidentiality and integrity of personal information you (“Customer”) submit. We recognize our responsibility to keep confidential at all times any information about you which we acquire in connection with your application. Our secure server encrypts all personal information (including name, address, and contact details) so that it cannot be read as the information travels over the Internet.
Collection of Information – To enable us to process your application we will typically acquire information which includes your name, your e-mail and business addresses, and other relevant business details.
Security – We are committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. We store the personal information you provide in computer servers with limited access that are located in controlled facilities. Industry standard security measures are used which is made available through your browser called Secure Socket Layer (SSL). SSL protocol is used to safeguard your sensitive personal information, including your credit card number, during online transactions. Using this widely accepted form of encryption, your transaction is secured from your personal computer to the computer processing your request. As users enter the payment information, it is captured on a page that uses the SSL protocol by default. All personal and financial information is encrypted as it travels over the Internet.
Safeguards – We ensure our customers that appropriate security safeguards are in place to protect personal data against unauthorized access, misuse, disclosure, accidental loss, destruction or damage. Only authorized personals have access to our systems. Consultants, contractors or other temporary employees do not have access to the data.
Terms and Conditions
“Business Day” means a weekday (not being a Saturday and Sunday) on which the banks are open for business in Singapore.
“CloudApps” means a brand name created by wCore solutions pte ltd, a local Singapore registered company, with the business objective in providing premium internet hosting services and solutions including but not limited to Cloud Server, Dedicated Server, Managed Service as well as other internet hosting related solutions and/or services that may be added from time to time.
“Commencement Date” means the date as stated in the Quotation or Online Order, or such other date as the Parties otherwise agree in writing.
“Customer” means the individual or entity that has purchased and explicitly enabled Services from CloudApps
“Data Center” means data center in Singapore where servers and network equipments are located.
“Facilities” means the facilities that Customer is to install at the Data Center which includes, but is not limited to, all servers, routers and equipment, whether owned by Customer, or on loan from CloudApps or any other third party.
“Force Majeure Event” means an event that is unforeseeable and of which the occurrence and consequences cannot be prevented or avoided, such as, earthquakes, typhoons, floods, fires, and other natural disasters, wars, insurrections and similar military actions, civil unrest and strikes, slowdowns and other labour actions, embargoes, injunctions or other restraints and actions of government, or any other causes preventing such performance.
“Monthly Fee” means the fees to be charged by CloudApps for the provision of the Services as set out in the Quotation and/or Online Order.
“Online Order” means the Services that are to be subscribed through an online system available at CloudApps’s website at www.cloudapps.sg
“Quotation” means the Services that are to be subscribed through signing of quotation.
“Service” or “Services” means the services that are to be provided by CloudApps to Customer as set out in the Quotation and/or Online Order.
“Software” means any software that is in relation to and/or incorporated into the Facilities.
“Term” means the contract term referred to in the Quotation and/or Online Order.
“Third Party” means an individual or an entity which is not a Customer of CloudApps
“Third Party Services” mean services which are provided by Third Party directly to Customer. The definition of Services does not include Third Party Services.
Where the context permits, CloudApps and Customer shall be referred to individually as a “Party” or collectively as the “Parties” in the Terms and Conditions. Undefined terms used herein shall have the same meaning as in the Quotation and/or Online Order. In the event of any inconsistencies between these Terms and Conditions, the Quotation and/or Online Order, these Terms and Conditions shall prevail.
2. Commencement Date
CloudApps will begin providing the Services to Customer as soon as service installation is completed. An email containing access and service information will be emailed to the contact information provided in the Quotation and/or Online Order.
The provision of the Services by CloudApps to Customer shall be for the Term subject to termination in accordance with Clause 8. The Term shall be automatically renewed upon its expiry. The Quotation and/or Online Order as well as this Terms and Conditions shall continue to apply until such time as either Party provides one (1) month’s prior written notice of termination to the other or if termination takes place in accordance with the provisions of Clause 8.
4. CloudApps’s Obligations
CloudApps shall at all times during the Term use its reasonable endeavours to fulfill its obligations of the Services.
4.1 In consideration of Customer paying the Monthly Fee as and when they fall due, CloudApps shall:
- permit Customer to access and use the Services and
- use reasonable endeavours to maintain the Services so that Customer can access and use the Services at all times.
4.2 CloudApps reserves the right at all times to deactivate all or any of the Services thereof
- with 1 week prior notice in order to carry out any planned outage, system maintenance, upgrading, testing and/or repairs; and
- in the case of emergency works, CloudApps will give the Customer the maximum period of notice whenever practicable.
4.3 CloudApps undertakes to reactivate all or any of the Services after the completion of work as stated in Clause 4.2.
5. Customer’s Obligations
Customer shall at all times during the Term:
- fulfill all obligations hereunder including, without limitation, pay CloudApps the Monthly Fee in accordance with the payment provisions under Clause 6;
- implement anti-spamming measures with respect to any mail servers which form part of the Facilities; and
- fully cooperate and comply with all reasonable directions or requests of CloudApps in relation to the installation, maintenance and use of and any modifications to the Facilities and/or Software.
- fully abide by the CloudApps Acceptable Use Policy (“AUP”) as presented and updated from time to time on the CloudApps’s web site at http://www.cloudapps.sg/company/legal
Customer further acknowledge and agree that with respect to Facilities and/or Software that are on loan to Customer, legal title of the same shall at all times vest with CloudApps or the relevant Third Party, as the case may be, and that Customer shall not under any circumstances have any title or interest to any such Facilities and/or Software and shall not have the right to charge, pledge, lien, mortgage or encumber the same in any manner whatsoever.
Payment for the Services is subject to the following conditions:
6.1 First Payment as stated in the Quotation and/or Online Order is due and payable upon order confirmation.
6.2 For subsequent month’s payment, CloudApps will issue an invoice to Customer thirty (30) days in advance before the Services’ due date. Customer hereby undertakes to settle the invoiced amount in full within these thirty (30) days. CloudApps shall have the right to suspend the Services if Customer fails to settle in full any Monthly Fee and/or such other charges that may arise in connection with the provision of the internet hosting services and solutions.
6.3 In the event that Customer’s invoice becomes past due for fourteen (14) days, CloudApps may assume that Customer wishes to discontinue the Services fully and CloudApps will terminate the Services to Customer unilaterally and immediately without any further consent from Customer. In this case, Clause 8 of this Terms and Conditions is deemed to be invoked by Customer. However, prior to terminating the Services, CloudApps will first have notified the Customer of the outstanding amount due and provide sufficient time for the Customer to remedy the same. In the event the Customer fails to remedy the breach within the period stated in the notice given by CloudApps, CloudApps shall be entitled to exercise the provisions stated in this Clause.
6.4 If Customer has not settled any invoice by the relevant due date, CloudApps reserves the right to charge interest on any outstanding amount at 1.5% per month until the invoice has been paid in full by Customer and to charge a reconnection fee and handling fee of SGD100 if Customer’s access to the Services are suspended or terminated as a result of payment not having been made.
6.5 The Customer hereby acknowledges that non-receipt of statement of account, bill of charges or any correspondence in relation to the Services is not a valid reason for the Customer to hold back or delay any outstanding payment due to CloudApps.
6.6 CloudApps shall bear no liability for any loss or damage resulting from its suspension or termination of Services.
6.7 CloudApps shall be entitled to employ an external debt collecting agency and/or institution to collect any or all sums due but unpaid by Customer and in so doing, CloudApps may and is hereby authorized to disclose to such agency and/or institution any or all information available in relation to Customer and CloudApps shall not be liable to responsible for any default, negligence, act, conduct, misconduct and/or deeds of such agency and/or institution. Customer shall indemnify CloudApps for all losses, damages, expenses incurred by CloudApps in employing such outside debt collecting agency or institution.
7. Modifications and Enhancements
Customer may make requests for modifications or enhancements to any of the Facilities and/or the Services by giving thirty (30) Business Days’ prior written notice to CloudApps. CloudApps reserves the right in its sole discretion to:
- determine whether to allow Customer to carry out any of the proposed modifications or enhancements to any of the Facilities and/or the Services;
- suggest any changes to Customer’s proposed modifications or enhancements to the Facilities and/or the Services; and
- charge Customer additional fees in respect of the proposed modifications or enhancements.
Except where the modifications and/or enhancements to the Facilities and/or the Services are required by law or order of a court of competent jurisdiction, CloudApps shall first obtain Customer prior written consent before it carries out any modifications and/or enhancements.
8.1 Either Party may terminate this Quotation:
- if either Party commits a material breach of any of the provisions of this Quotation and/or Online Order, and fails to remedy the same within fourteen (14) days after receipt from the non-defaulting Party of a written notice giving particulars of the breach and requiring it to be remedied;
- forthwith if either Party becomes insolvent or goes into liquidation;
- by either Party giving not less than fourteen (14) days’ written notice to the other Party if a Force Majeure Event occurs and lasts for more than one (1) month from the date of its commencement and that event prevents either Party from performing all or a material part of its obligations during the period; or
- by giving thirty (30) days’ prior written notice to the other.
8.2 In the event that the Quotation and/or Online Order are terminated:
- Customer shall within two (2) Business Days after the effective date of termination, pay CloudApps all of the Monthly Fee for the remainder of the Term and any other outstanding sums that are due to CloudApps unless otherwise agreed in writing by CloudApps; and
- to the extent that any of the Facilities and/or Software are on loan from CloudApps and/or any other Third Party, CloudApps or the relevant Third Party, as the case may be, shall have the right to take possession of such Facilities and disconnect or, if applicable, disinstall the same from the Data Center at any time on or after the effective date of termination.
Notwithstanding the foregoing, CloudApps may terminate the Quotation and/or Online Order by giving Customer written notice if it decides, in its sole and absolute discretion, to terminate its internet hosting services and solutions business operations for any reason whatsoever.
CloudApps will perform maintenance in accordance with the maintenance schedule as presented and updated from time to time on the CloudApps’s web site at http://www.cloudapps.sg/company/customer-announcement. CloudApps reserves the right to perform emergency maintenance as needed. CloudApps will make commercially reasonable efforts to inform Customer prior to performing scheduled or emergency maintenance. If such advance notice is not possible, CloudApps shall notify Customer about such emergency maintenance as soon as is practicable. Maintenance periods are not eligible for Service Credit.
- Scheduled Network Maintenance - occasionally network maintenance will be required. CloudApps will do everything possible to minimize and avoid downtime during this maintenance. Customer will receive prior notification of upcoming maintenance at the email address CloudApps has on file.
- Hardware Maintenance - on rare occasions, the hardware in Dedicated Server may need maintenance or replacement. CloudApps will do everything possible to minimize any downtime in these situations per our Hardware Replacement SLA.
- Software Maintenance - an important part of managing a Dedicated server and/or Cloud Server is keeping the software up to date. If Customer chooses to have CloudApps manage the server, occasional software updates will be required to address security or performance issues. Usually Customer will experience little or no downtime in these situations, but CloudApps cannot guarantee a specific amount of time in all situations.
10. Service Level Agreement (“SLA”)
- “Hardware Downtime” is any server outage caused by a hardware and/or hardware components failure of the Dedicated server or Cloud Server
- “Network Downtime” means any interruption of continuous sixty (60) minutes or more in the availability of the connection between the equipment provided by the Customer and the equipment provided by CloudApps and the Internet. CloudApps takes no responsibility for the circuit or link between CloudApps routing equipment and routing equipment owned and maintained by other carriers. Network Downtime cannot result from or for any of the following reasons:
- The failure of equipment that is not fully owned and managed by CloudApps;
- Scheduled or emergency maintenance performed (as stated under Clause 9) at CloudApps’s initiative;
- Maintenance or service interruptions requested by Customer;
- Customer’s acts or failure to act in a timely and/or proper manner when notified to do so by CloudApps (including, without limitation, Customer’s failure to permit entry by CloudApps or make facilities or components available to CloudApps for testing or repair; or otherwise to comply with CloudApps’ instructions and service requirements).
- "Service Credit" is the percentage of the Monthly Fee for the Service that is credited to Customer for a validated claim.
10.2 Hardware Replacement SLA
CloudApps guarantees that in the event of a Hardware Downtime, the faulty hardware will be replaced within four (4) hours of problem identification. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, reloading the operating system, reloading and configuring applications, or rebuilding raid arrays. In the event that it takes CloudApps more than four (4) hours to replace the faulty hardware, Customer shall be entitled to a Service Credit of 5% of that month’s invoice, and a Service Credit of 5% for each additional 60 minutes of downtime, up to 100% of that month’s invoice, for the portion of the invoice that corresponds to the affected Dedicated Server or Cloud Server only.
10.3 Network SLA
CloudApps guarantees an overall availability of 99.98% for the network. If in one calendar month the Network Downtime exceeds continuous sixty (60) minutes, Customer shall be entitled to a Service Credit of 5%, and a Service Credit of 5% for each additional continuous sixty (60) minutes of downtime, up to 100% Service Credit towards the portion of the invoice that corresponds to the affected Dedicated Server or Cloud Server only.
10.4 Applying for Service Credit
In order to receive any Service Credit, Customer must notify CloudApps, in writing, within seven (7) days from the time Customer becomes eligible to receive such Service Credit. Customer’s failure to notify CloudApps within that period shall result in the waiver of Customer’s right to receive any such Service Credit. Service Credit under the SLA will be paid to Customer in accordance with the SLA only if Customer is not in default of the Agreement or was not in default of the Agreement during the period in which the deficiency occurred.
10.5 Service Credit Exclusion
Service Credit does not apply for periods during which the Services are not available for the following reasons:
- CloudApps or its vendor performing Maintenance as stated under Clause 9;
- Customer use of the Services in violation of the Terms and Conditions;
- issues relating to Customer’s content;
- problems with Customer’s access to Internet;
- system administration, commands, file transfers performed by Customer or its representatives;
- suspension of Customer’s access to the Services as stated under Clause 6;
- violation of the AUP;
- problems caused by Customer’s use of the Services after CloudApps advised Customer to modify such use, if Customer did not modify its use as advised;
- problems arising from Customer or any Third Party’s software, hardware, or other technology or equipment.
10.6 Force Majeure
A Hardware Downtime or Network Downtime shall not be deemed to occur upon the occurrence of routine maintenance or upon the occurrence of an act outside of the control of CloudApps, such as loss of power at the Customer premises or an act of nature. Notice for routine maintenance shall be provided via the CloudApps website and provided in writing to the contacts provided by Customer.
11. Warranty and Limitation of Liability
CloudApps shall not be liable to Customer or any other person for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, contracts or business, however caused (whether arising out of any breach of the Terms and Conditions, any negligence of CloudApps or any other person or otherwise), even if the same was foreseeable by, or the possibility thereof is or has been brought to the attention of, CloudApps
CloudApps’s liability under this Terms and Conditions shall not in any event exceed the total Monthly Fee paid by Customer to CloudApps for the immediately preceding twelve (12) months prior to any incident giving rise to a claim.
CUSTOMERR AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CLOUDAPPS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CLOUDAPPS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CLOUDAPPS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CLOUDAPPS'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM CLOUDAPPS'S SERVER.
13. Assignment and Sub-contracting
Subject to the above paragraph, neither Party may assign, mortgage, charge or dispose of all or any of its rights and obligations under the Terms and Conditions, unless with the prior written consent of the other.
All notices, consent, approvals or other communications required or permitted under the Terms and Conditions shall be in writing and shall be delivered by hand, facsimile, or pre-paid registered mail addressed to the Parties at their respective addresses as set out in the Quotation or as otherwise notified by the Parties from time to time.
15. Modification of Terms and Conditions
CloudApps reserves the right to change these Terms and Conditions from time to time in its sole discretion under which the Services are offered.
16. Governing Law and Jurisdiction
The Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Singapore and each Party hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Republic of Singapore.