CloudChat wants your experience to be the best it can be. To that end, we have defined necessary guidelines and expectations, as outlined in the policies below. You should also refer to your service package in your clientarea for any additional uptime SLA commitments, which may complement or supersede these listed policies.
CloudChat expressly reserves any rights under applicable law in connection with its receipt, evaluation and any response to any third party requests or legal process.
"CloudChat", "CloudChat Online" and certain other marks in this Web site are intellectual property of CloudChat. Any use of such marks without the prior written consent of CloudChat is prohibited. Other trademarks and logos are the property of the parties to whom they are attributed. Content, images and other information made available by accessing our services are also copyright by CloudChat or their respective parties and use of without the prior written consent is prohibited. CloudChat.Online is not associated with cloudchat.com, cloudchat.ca.
It is CloudChat's policy to respond with reasonable promptness to subpoenas and other legal process served on CloudChat or its subsidiaries that seek information, documents or other business records. Third parties wishing to serve such process on CloudChat may do so in writing through CloudChat's Legal Department. CloudChat will evaluate each such request based upon the applicable law and facts.
An administrative fee of CA$250/hr will be charged for each request to cover CloudChat's fees and expenses in responding to legal requests. CloudChat may require the requesting party to pay the applicable hourly rate for requests that require significant engineering or technical support. CloudChat may also charge additional amounts for requests that require substantial photocopying, third party charges or other expenses.
If authorities present a warrant we will provide only the data requested in the warrant.
Immediate cancellation with prompt balance refund processing available self-serve via Client Area.
LAST UPDATED: FEBRUARY 19, 2016
This Affiliate Program Service Agreement ("Services Agreement") sets forth the terms and conditions of your use of UNMETERED Affiliate Program ("Affiliate Program") and serves to supplement the Registration Agreement ("Agreement") between you on the one hand and UNMETERED DOT IO CLEARINGHOUSE. ("UNMETERED") on the other. In this Agreement "you" and "your" refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to UNMETERED DOT IP CLEARINGHOUSE ("UNMETERED").
This Services Agreement explains our obligations to you, and explains your obligations to us for the Affiliate Program offered by UNMETERED. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional UNMETERED service(s) or products or to cancel your UNMETERED service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.
To enroll in the Affiliate Program, you must have an active UNMETERED account, subject to and in compliance with the requirements of the UNMETERED Registration Agreement. Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.
UNMETERED Affiliate Program allows you to provide a platform for advertising UNMETERED via your "web site" or "publishing location" (such as an electronic newsletter or blog), thereby driving traffic to UNMETERED web site or web site content, whereby you may earn a portion of the revenue generated ("commission") if a person or entity that is not you ("visitor") makes their first purchase of a UNMETERED product or service after being referred to the UNMETERED web site from an internet hyperlink ("link") contained on your web site or publishing location.
After being referred to the UNMETERED web site from a link contained on your web site or publishing location, visitors have fifteen (15) days to complete their purchase in order for you to receive a commission. Should the visitor click on another web site or publishing location’s link that is not controlled by you, or return to the UNMETERED web site via another source-coded advertising link during the initial fifteen (15) days, your link will be overwritten and you will not receive a commission for that visitor’s purchase.
You acknowledge and agree that only first purchases completed by visitor through UNMETERED web site will be eligible for a commission.
All UNMETERED products and services will be eligible for a commission – except premium domains, domains bought at UNMETERED Marketplace, hosting add-on products, additional mailboxes for UNMETERED Private Email, and additional domains for SSL certificates.
You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person as far as commission is paid for the first purchase only made by a certain person; and UNMETERED employees (and their immediate family members) are not allowed to participate in UNMETERED Affiliate Program.
You acknowledge and agree that you shall not:
You also acknowledge and agree that your web site or publishing location shall not:
You acknowledge and agree that UNMETERED may terminate Services if you, your web site or your publishing location violates, as determined by UNMETERED in its sole discretion, any of the aforementioned restrictions or additional restrictions.
UNMETERED will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. UNMETERED is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
As an affiliate, we provide you with the links and banners necessary to promote UNMETERED products and services, which you may display in any area of your web site or publishing location as you wish. The links will identify your site as a member of our Affiliate Program and will establish a link from your web site or publishing location to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique affiliate ID in the promo materials you use on your web site or publishing location. You may promote the products and services that UNMETERED offers in any manner you choose unless it misleads visitors about UNMETERED services.
UNMETERED is responsible for payment processing, cancellations, returns and other related customer service for UNMETERED products and services. However, UNMETERED will not be responsible for lost sales due to technical difficulties preventing UNMETERED from registering a domain name or providing any other product or service to the visitor. UNMETERED is also responsible for tracking affiliate sales and commissions and providing this information to the affiliate via activity reporting tool available within UNMETERED account.
At UNMETERED, our aim is to treat customers fairly and, together with our affiliates, to comply with all Federal Trade Commission regulations that relate to advertising that include, but are not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising. Among other criteria it requires that material connections between advertisers and endorsers must be fully disclosed. This means that affiliates that provide an assessment or endorsement of an advertiser (UNMETERED) must disclose financial or in-kind compensation that is provided by advertiser.
UNMETERED reserves the right to withhold referral fees and cancel the affiliate relationship with you, should we find, at our discretion, that you do not comply with UNMETERED's FTC disclosure policy or any other FTC regulations or guidelines we view as applicable.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
With respect to ICANN, the registry operators, and UNMETERED, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you. The terms of this paragraph will survive any termination or cancellation of the Agreements.
You attest that you are of legal age to enter into this Services Agreement.
This Services Agreement, the referenced agreements, the ICANN Policy and the UDRP, 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 Services 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.
Nothing contained in this Services 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 Services 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 Services 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.
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.
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 UNMETERED, 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, UNMETERED may immediately terminate this Services Agreement.
The section headings appearing in this Services 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.
You may cancel at any time: any prepaid balances for cancelled services will be returned prorated to the closest term rate and the balance refunded. Any other prepaid balances will be refunded via original payment method (immediately) or company check (after 90 days) in Canadian dollars (conversion rates calculated by xe.com).
We're really sorry you wish to cancel but it's easy. Please use our (multilingual) control panel and choose "Request Cancellation". If you'd like every semblance of your account deleted from our systems, please call our toll free management or billing line(s) or open a support ticket requesting us to do so from the account. It'd be nice if we could know why you're leaving but no description is required.
All IP addresses assigned to customers remain the sole property of CloudChat.Online and can only be used within the CloudChat.Online networks on active services. In the event of service termination, the IPs will be reclaimed and reused by CloudChat.Online.
Because IPv4 addresses are a scarce resource, ARIN and RIPE require CloudChat.Online to document that they are efficiently utilizing existing assigned addresses and are planning efficient utilization of any addresses being requested. ARIN/RIPE policies and RFC2050 promote conservation and deter wasteful use or stockpiling of IP space. CloudChat.Online is required to abide by these policies or we will be unable to receive further allocations from ARIN and RIPE.
All customer IP requests will be reviewed by CloudChat.Online to ensure efficient utilization. We do not guarantee IP requests will be approved. New customers are welcome to request approval of IP allocations prior to ordering services. CloudChat.Online will provide a determination as to new IP addresses prior to ordering services. Such approvals are valid for up to twenty-four (24) hours after notifying the customer.
Upon an initial request of IP address space, CloudChat.Online will review the information provided may request additional information to validate a technical need for additional IP addresses. CloudChat.Online reserves the right to review and verify IP allocations are being used for the approved purposes.
While CloudChat.Online will make every effort to review IP requests the same day, the initial review of an IP request may take up to 48 business hours. Larger or more complicated requests may take additional time to review and process. Accounts with overdue invoices, previously unpaid balances or unresolved abuse requests are not eligible for additional IP allocations until all account issues are resolved.
Customers may use assigned IP addresses as long as the usage is as described in the justification process. CloudChat.Online may periodically review IP usage and request information to confirm IP(s) are being used as approved during the justification process. In the event CloudChat.Online determines IP(s) is no longer being used as approved, we will reclaim resources.
CloudChat.Online will not allocate more than 5 IP addresses to any single server.
CloudChat.Online will not allocate IPs to customers unless there is a technical need for IP addresses. In the event a customer requests additional IP(s) and CloudChat.Online determines there is a reasonable method of avoiding using additional IP(s), the IP request will be denied.
CloudChat.Online encourages the policy of sharing an IP with all domain names on a server where possible to conserve IP resources.
For clients requesting IP addresses for Domain Name Servers (DNS): CloudChat.Online reminds clients that running multiple IP addresses for DNS does not add redundancy to the DNS infrastructure. For redundant DNS servers, CloudChat.Online recommends using two separate servers, using the CloudChat.Online provided DNS servers or the DNS servers provided by your domain registrar.
CloudChat.Online is required to provide customer reassignment information for all IP addresses, and does so via publishing publicly viewable ‘rwhois’ records. Details provided by customers during the IP address request process may be shared privately with ARIN/RIPE when needed to demonstrate CloudChat.Online’s adherence to policies of efficient utilization.
BETWEEN YOU ("USER") AND CloudChat.Online CLEARINGHOUSE ("CloudChat.Online")
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE CloudChat.Online ENTITIES FROM ALL DEMANDS, CLAIMS, AWARDS, ACTIONS, PROCEEDINGS, DAMAGES, LOSSES, COSTS, CHARGES AND EXPENSES, INCLUDING LEGAL FEES, INCURRED BY OR MADE AGAINST ANY OF THE CloudChat.Online ENTITIES, WHICH RESULT FROM OR RELATE TO:
Termination by You. Please be advised only the Account holder may terminate their Account. You may stop using the Services at any time, but CloudChat.Online will continue to bill you until you terminate your Account or the Services in accordance with this provision. You may cancel your Account or any Services by:
Terminatations by CloudChat.Online. CloudChat.Online may, in its sole discretion, suspend, restrict or terminate your Services or your Account, effective at any time, without notice to you, for any reason, including:
PLEASE VISIT http://unmetered.io/page/terms-of-service/ FOR LATEST REVISION
TERMS OF SERVICE SUBJECT TO CHANGE WITHOUT NOTICE ; LAST UPDATED : JANUARY 21, 2016