M6 CLOUD Terms of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by M6 CLOUD ("M6 CLOUD," "us,", "our" ). M6 CLOUD is the trade name of M6 CLOUD Hosting Ltd. By purchasing one or more Services from M6 CLOUD, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the M6 CLOUD website. It is essential that you read this TOS prior to purchasing any Service(s) from M6 CLOUD.
1. APPLICATION OF TERMS
1.2. The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and M6 CLOUD. Sending an Order to M6 CLOUD constitutes acceptance by you of these TOS.
1.3. In addition to these TOS, all registrations of domain names are subject to the terms and conditions set out in our Domain Name Agreement, an integral part of these TOS. The Domain Name Agreement incorporates by reference the terms and conditions of the respective Registrar, its rules and regulations.
1.4. In these TOS we mention certain legal rights you have, if you are a Consumer. These TOS do not affect or change these legal rights.
2. ORDER. ACCEPTANCE OF ORDER BY M6 CLOUD
2.1. In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” First-time customers must purchase our Service(s) through our website. Existing customers may purchase or renew Services through the M6 CLOUD User Area, or by contacting our customer support team via chat, phone or ticket. You acknowledge and agree that all conversations with our customer support team shall be recorded and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s).
2.2. Your Order will be deemed to be an offer by you to purchase the for Service(s) from us subject to these TOS No Order shall be deemed to be accepted by M6 CLOUD until we send you an email notification of our acceptance of the Order.
2.3. The date on which M6 CLOUD will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term it can be renewed as described in our Renewal Policy.
2.4. You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with M6 CLOUD.
2.5. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms "you" or "your" shall refer to such legal entity. In the event that M6 CLOUD establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.
2.6. By placing an Order to purchase our Services you declare that there is no other restriction to enter into an agreement with M6 CLOUD and you are not subject to trade sanctions, embargoes, and other restrictions.
2.7. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
2.9. Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Service(s) are not activated, M6 CLOUD will reimburse you for all pre-paid fees within seven (7) working days as of the date of M6 CLOUD’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.
3. PERSONAL DATA. DATA PROCESSING AGREEMENT
4.1. For the purposes of these TOS "Service" or "Services" means any and all services provided by M6 CLOUD under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, support services, third-party products and services, any any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages).
4.2. The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.
4.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. The hardware configurations may vary. M6 CLOUD may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by M6 CLOUD in order to ensure the quality and security of the Services.
4.4. The proprietary and third-party software we offer as part of the Service(s) will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Such software may have terms and conditions that are in addition to those set out in these TOS. You must agree to those terms to use the software. If you fail to do so, you will not be able to use the Service(s). Terms and conditions concerning the above mentioned third party software are incorporated by reference and links to any such terms and conditions are available in an appendix to these TOS.
4.5. We may assign an Internet Protocol ("IP") address for your use. You shall have no right to use that IP address except as permitted by M6 CLOUD in our sole discretion in connection with the use of our Service(s). We shall retain ownership of all IP addresses assigned to you by M6 CLOUD. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by M6 CLOUD shall be used by other customers as well.
4.6. We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it may be available as an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
5. SERVICE LEVEL AGREEMENT (SLA)
5.1. M6 CLOUD's Service Level Agreement sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
5.2. We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:
● 99.9% - 99.00% uptime: 1 month free hosting
● An additional month of free hosting for every 1% of uptime lost below 99.00%.
5.3. You may check the status of your hosting server uptime from your User Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.
5.4. The following events do not count towards our calculation of uptime:
● Scheduled maintenance;
● Emergency maintenance, hardware and software failure remedied under 1 hour;
● Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
● Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
● Downtime caused by you, your own configuration, or third-party applications you use;
● Downtime caused when you reach the maximum resources allocation for your plan;
● Downtime caused by your violation of these TOS or any other policy announced on our website;
Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;
● Downtime during processing of your technical support request(s); or
● Force majeure or any event beyond our control.
5.5. Our calculation of network availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.
6. FEES AND PAYMENT
6.1. You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.
6.2. The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between M6 CLOUD and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. M6 CLOUD reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
6.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.
6.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. M6 CLOUD has no control over such fees.
6.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to M6 CLOUD. Domain name registration fees must be paid in full before your domain name registration will be processed.
6.6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize M6 CLOUD to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to M6 CLOUD, we will not be liable for non-provisioning the Service(s).
6.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting y