The CloudCanvas Terms of Service have been updated on the 8th August 2017, please review the latest Terms of Service by following this link (https://cloudcanvas.website/tos/), or scrolling to the bottom of this post.
Introducing the Service Level Agreement (SLA)
We are proud to introduce a service level agreement for CloudCanvas, this gives users a guaranteed uptime and credits for downtime on their account. You can read our SLA below:
CloudCanvas provides a leading WordPress Hosting environment and is pleased to support it with this Service Level Agreement (“SLA”). This SLA is incorporated into Terms of Service. Terms not defined in this SLA have the definitions set out in the Terms of Service. The remedies set out in this SLA are Customer’s sole and exclusive remedy for issues covered by the SLA. Should we make a change to this SLA, we shall notify Customer (e.g. by email or by notification in the Customer Dashboard). The notification will set out the effective date of any changes. It is important that Customer review the SLA completely.
1. Service Availability.
CloudCanvas will provide service availability of 99.90% (“Service Availability”), calculated on a calendar month basis. The Service Availability will be calculated as follows:
[Total number of minutes Service is available in a calendar month DIVIDED BY (Total number of minutes in a calendar month LESS Excused Downtime)]
2. SLA Credits.
CloudCanvas Customers will receive a credit of five percent (5%) of their monthly fee for each hour in which we fail to meet the Service Availability for the previous completed month. If the customer is paying annually the monthly fee will be based on the equivalent monthly cost of their annual fee.
In order to receive SLA Credits, Customer must make a request in writing to CloudCanvas via Support or to Customer’s account manager (if applicable) within 30 days of the event giving rise to such SLA Credits. SLA Credits are based on our monitoring and may not exceed the total amount of recurring fees Customer has paid to us for the month in which we failed to meet the Service Availability, are forfeited at the expiration or termination of the Agreement, may not be aggregated, and will not be paid in cash.
Refunds will be issued via the payment method used to make payments.
SLA credits are only available to Customer’s who have confirmed acceptance of the Terms of Service.
3. Excused Downtime.
“Excused Downtime” means:
- scheduled outages or Force Majeure events;
- downtime caused by a non-standard environment, Customer machine access, Customer’s violation of the Agreement including the Terms of Service,
- Customer authored code or changes to the Site or Services by parties other than CloudCanvas, or use that exceeds Customer’s plan capacity;
- emergency maintenance (e.g. in order to apply a patch to address a security vulnerability); and
- maintenance that is performed during the below schedule.
Service Maintenance Times
CloudCanvas Terms of Service- 8th August 2017
CloudCanvas is owned and operated by Lakewood media Limited and its successors and/or assigns, collectively “Lakewood”, “we”, “us” or “our.”
Lakewood agrees to furnish services to you (“Subscriber”) subject to the following Terms of Service. Use of Lakewood’s CloudCanvas services constitutes acceptance and agreement to these Terms of Service.
We periodically update these Terms of Service and let Subscribers know by email. However, Lakewood reserves the right to modify these Terms of Service without notice.
Use of Services
You may use our services (the “Service”), provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom or Europe or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Lakewood of any unauthorised use of your account or any other breach of security. Lakewood will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using CloudCanvas. You will not engage in any activity that interferes with or disrupts Lakewood’s services or networks connected to any of our services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Lakewood, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Lakewood does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Lakewood be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Lakewood will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): Lakewood has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Lakewood’s services whether or not the message actually originated from our network.
Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Our services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the United Kingdom or Europe or the United States, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; uploading, posting, emailing, transmitting or otherwise making available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harmful to minors in any way. Lakewood’s services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Lakewood or our Subscribers.
Providing False Data on any Contract or Application: This includes fraudulent use of credit card numbers and identity theft.
You acknowledge that Lakewood may or may not pre-screen Content, but that Lakewood and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Lakewood and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.
You acknowledge, consent, and agree that Lakewood may access, preserve and disclose your account information and Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Lakewood, its principals, employees, associates, affiliates, users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Lakewood and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
All logos, product, and service names related to these TOS are trademarks of Lakewood media Limited (the “Lakewood media Limited Marks”). Without Lakewood media Limited’s prior permission, you agree not to display or use in any manner the Lakewood media Limited Marks.
Invoicing and Payment
You agree that Lakewood shall be permitted to charge your credit card/PayPal account on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing, or upon the recurring date of your initial credit card charge. Service may be interrupted on accounts that reach 8 days past due.
Subscriber is aware that Lakewood may change the specified rates and charges from time to time. If your CloudCanvas Site traffic grows to a point that it requires a higher payment rate, we will let you know in advance.
Lakewood is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Lakewood. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Lakewood provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Lakewood provides support related to your CloudCanvas Site being up and running from an infrastructure standpoint. Lakewood does not offer technical support for application specific issues such as application configuration, CGI programming, web or mail server configuration, or any other such issue.
Account Cancellation or Suspension
Lakewood reserves the right to suspend service to any Subscriber for any or no reason, with reasonable notice as outlined below. Lakewood also reserves the right to suspend network access to any Subscriber if, in the judgment of the Lakewood network administrators, the Subscriber’s server is the source or target of a violation of any of the other terms of service or for any other reason which Lakewood chooses. Lakewood will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the least amount of service interference. Lakewood reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s machines were suspended.
If at any time it becomes necessary for Lakewood to cancel a Subscriber’s service without cause, Lakewood will provide 30 days advance notice.
You may cancel the service at any time by using the “Cancel” link located on the “Account” section of the CloudCanvas Dashboard (https://cloudcanvas.website/plans). Accounts are cancelled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Lakewood assigns Subscriber a subdomain for Subscriber’s use, the right to use that subdomain address shall belong only to Lakewood, and Subscriber shall have no right to use that subdomain address except as permitted by Lakewood in its sole discretion in connection with the Services, and only during the term of this Agreement.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Lakewood, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Lakewood shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Lakewood. Subscriber further acknowledges that Lakewood’s liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Lakewood be liable for any special or consequential damages, loss or injury. Lakewood is not responsible for any damages your business may suffer. Lakewood does not make implied or written warranties for any of our services. Lakewood denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Lakewood.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Lakewood may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Lakewood shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Lakewood shall be at your sole risk. All services provided by Lakewood are available as is, without warranty.
By agreeing to the Lakewood Terms of Service, Subscriber indemnifies Lakewood for any violation of the Terms of Service that results in loss to Lakewood or the bringing of any claim against Lakewood by any third-party. This means that if Lakewood is sued because of a Subscriber’s or a Subscriber of a Subscriber’s activity, the Subscriber will pay any damages awarded against Lakewood, plus all costs and reasonable legal fees.
Lakewood Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorised by Lakewood Digital, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.
You agree that Lakewood may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Lakewood’s media outlets such as lakewood.media, CloudCanvas.website and wphelper.site.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Lakewood and govern your use of Lakewood services, superseding any prior agreements between you and Lakewood for the use of Lakewood services.
Choice of Law and Forum
The Terms of Service and the relationship between you and Lakewood shall be governed by the laws of the United Kingdom.
Waiver and Severability of Terms
The failure of Lakewood to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Lakewood services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.