Hosting Agreement

Term Inheritance:

The terms within this Hosting Agreement will be inherited by the Acceptable Use Policy, available on this website, unless otherwise denoted.

Additional Agreements:

This Hosting Agreement inherits all clauses from the Acceptable Use Policy and any other relevant Policies, available on this website, except where otherwise denoted.

Who This Agreement is for:

By purchasing any of the Services provided by the Provider covered under this agreement within the “General Purpose” section of this agreement, you accept and agree to be bound by the terms and provisions of this agreement and any other agreement published on this website and any website owned and operated by Create Azure LLC. In addition, when using any service provided by Create Azure LLC, or by cloudMonic (subsidiary of parent Create Azure LLC), you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at-will by Create Azure LLC/cloudMonic.

General Purpose:

The purpose of this agreement (“Hosting Agreement”) is to provide the specific guidelines for Services provided by the Provider that fall under the category of “Hosting.” These Services include, but are not limited to:

· VPS Hosting

· Dedicated Server Hosting

· Web and web application hosting

· Container (docker, rkt, etc) hosting

· File storage hosting

· CDNs

Some Hosting Services may also inherit other agreements. Conflicting statements, provisions or contradicting conditions will be handled as per the “Supersedes” clause in this Hosting Agreement.

For the purpose of this Hosting Agreement, no management plans are considered. Management plans will be subject to their own agreement(s), and this Hosting Agreement will only apply to the Hosting Service provided.

Network and Hardware:

The Provider and its agents, representatives, or vendors will be responsible for the network and hardware provided with the Hosting Services. The Service Level Agreement (“SLA”) that corresponds with specific Hosting Services (defined further within this Hosting Agreement) will dictate the level of service provided for the hardware and network.

The Provider and its agents, representatives or vendors reserve the right to monitor network activity, enact network filters to prevent unlawful or inappropriate use of their Services, monitor system statuses and hardware statuses, and monitor traffic between external and internal systems and networks.

Liability Limitations:

Due to the nature of the Provider’s work, there is a possibility of downtime or data loss. The User will not hold the Provider or its agents, representatives or vendors liable for damages or downtime incurred as a result of the work provided or execution of the Policies related to the Services.

The Provider will follow all compensation guidelines as determined in the corresponding SLA for the class of the Hosting Service in question and in accordance with the other Policies.

Security:

The Provider does not guarantee the security of the Services. The User will not hold the Provider or its agents, representatives, or vendors liable for damages or loss incurred as a result of vulnerabilities or security flaws not foreseen by the Provider.

The Provider and its agents, representatives, or vendors will do their best to ensure the security of their internal systems and systems related to the Hosting Services, including but not limited to security of the network, hardware, and software internals of systems that the Provider has access to following best practices and routinely monitoring for changes within the respective communities.

Confidentiality:

The Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Provider or its agents, representatives or vendors, divulge, communicate, or disclose any information that is proprietary to the User. The User consents with the communication of any proprietary information between the Provider and its agents, representatives or vendors for the benefit of the User or to help maintain the User’s relationship to the Provider.

Any contradicting clause or statement in the Privacy Policy, provided on this website, will prevail and will supersede this Confidentiality clause.

Prohibited Content:

The User agrees not to host any content, material or media that is prohibited under the Acceptable Use Policy, or in the following list (collectively “Prohibited Content”). This list should not be considered exhaustive and is supplemental to the list provided under the Acceptable Use Policy.

· Pornography or adult content that does not comply with all applicable sections of Title 18, United States Code and the pornography/adult content laws of the location of the Hosting Services, and specifically including – but not limited to – the reproduction, processing, accessing, or hosting of “revenge porn” or other form of unauthorized pornography

· IRC servers or bots except where allowed by written consent via support ticket from the Provider

· Unauthorized bots or spam tools, botnets, etc

· Any material or content, application or otherwise that may interfere with another User’s experience on the network or hardware

· Bitcoin or other digital currency mining tools

· Any extremely resource extensive applications, except where dedicated resources are provided and agreed upon

· Illegal gambling services

The Provider retains the right to amend or change this list at any time, and may remove content that it deems inappropriate as per the provisions set forth in the Acceptable Use Policy.

Compliance:

The User agrees to comply with the investigations and any rectifications necessary to remove the Prohibited Content as set forth in the Acceptable Use Policy and other Policies related to the Hosting Services.

The Provider will initiate a request for removal, or an investigation notice, with the User within seven (7) days of being notified of the content or materials being hosted, accessed, processed, or reproduced. The Provider will request compliance in removing the content within five (5) days of being notified. In the event of a more severe content, such as child pornography, the Provider may choose to limit this compliance further, or remove access to the Hosting Services until action can be taken by the User.

If the User is found to violate this agreement, or any of the Policies set forth by the Provider, repeatedly, the User will be terminated without notice, and all data will be securely scrubbed from the Provider’s servers within twenty-one (21) days of the termination.

In the event of child pornography or other vile acts, the Provider reserves the right to involve law enforcement and will immediately discontinue services with the User until a full investigation has been completed. The Provider reserves the right to provide law enforcement with an entire image of the Hosting Services and all stored material to law enforcement, as well as all personal data for the User and will comply to the fullest extent with law enforcement.

Vulnerability Testing:

The User accepts and agrees that they may not probe, scan, penetrate, or test the vulnerability of the Provider or its agents, representatives, or vendors’ systems, networks, software or hardware, sites or web applications, databases, e-mail service providers, or any other property, whether by intrusive or passive techniques, or conduct any security or malware research on the Services without prior written consent from the Provider.

Service Level Agreements:

The User accepts the following Service Level Agreements, dependent on the class of the Hosting Service in question:

· SLA Class I

o   99.9% network and hardware uptime

· SLA Class II

o   99.99% network and hardware uptime

· SLA Class III

o   100% network and hardware uptime

The corresponding Service Level Agreement with the Hosting Service will be publicly advertised on our Pricing page, and a single Service Level Agreement policy, available on this site, will contain all relevant information for all SLA classes.

Supersedes:

The User accepts and agrees that this Hosting Agreement will supersede any and all contradictory statements or provisions found in subsequent Hosting Agreements for the specific Hosting Service in question. This agreement does not supersede in any way the Acceptable Use Policy, or the Privacy Policy, or any other agreement that is not entitled “Hosting Agreement.” This agreement does not trigger any expiration, termination, or other rights that may be available to the Provider under any of the other Policies.