1. ACCEPTANCE OF TERMS
1.1 Welcome to ICONNHOST! These terms and conditions govern your access to and use of ICONNHOST’s website and the services offered therein. By using the Website and Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using the Website and Services.
1.2 ICONNHOST reserves the right to modify, update, or change these Terms at any time. The modified Terms will be effective immediately upon posting on the Website. Your continued use of the Website and Services signifies your acceptance of the revised Terms. Regularly review this page to stay informed about any changes.
2. USER CONDUCT
2.1 You are solely responsible for your conduct on the Website and the content you submit, post, or display. Ensure compliance with all applicable laws and regulations while using our Services.
2.2 ICONNHOST reserves the right to investigate and take appropriate legal action against violators of these Terms. Actions may include removing offending content, suspending or terminating accounts, and reporting violators to law enforcement authorities.
2.3 Prohibited actions include, but are not limited to, unauthorized access, data mining, harassment, and violating the privacy of others. Failure to comply may result in immediate termination of your account and legal action.
3. INDEMNIFICATION AND DEFENSE
3.1 To the fullest extent permitted by law, you are responsible for your use of the Website and Services. You shall defend, indemnify, and hold harmless ICONNHOST and its employees, officers, directors, affiliates, parent companies, agents, contractors, and representatives from all liabilities, claims, and expenses. This includes reasonable attorneys’ fees and costs arising from or relating to your Services Content, User Content, your End Users, or your access to or use of the Website and Services. This encompasses breaches of these Terms, applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right.
3.2 ICONNHOST reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, without limiting your indemnification obligations. In such cases, you will assist and cooperate with ICONNHOST in defending the matter at your expense.
4. MUTUAL CONFIDENTIALITY
4.1 If you receive or possess nonpublic information from ICONNHOST designated confidential, it must be handled according to these Terms. Confidential Information includes, but is not limited to, nonpublic information about ICONNHOST’s technology, customers, business plans, marketing and sales activities, finances, and operations. It also includes information about discussions or negotiations regarding your Account and/or use of the Services.
4.2 You may not use Confidential Information except in connection with your use of the Service as permitted under these Terms or as separately authorized in writing by ICONNHOST. You agree not to disclose Confidential Information during the term of these Terms and after they no longer apply. Take reasonable measures to avoid disclosure or unauthorized use of Confidential Information.
5. GENERAL LEGAL TERMS
5.1 ICONNHOST may make changes to the Terms from time to time. Updates will be effective as specified in the notice. By continuing to access or use the Website or Services after the specified date, you agree to accept and be bound by the updated Terms. If you do not agree, you may not continue to use the Website or Services.
5.2 ICONNHOST reserves the right to terminate your access to all or any part of the Website and/or Services at any time, with or without notice. Any termination may result in the immediate forfeiture and destruction of data associated with your account. Except as otherwise set forth herein or expressly agreed between the parties, any fees paid are non-refundable, and any fees still owed shall be immediately due and payable.
5.3 If ICONNHOST provides you with a translation of these Terms, the English version prevails in case of conflict. You agree to accept all notices electronically. ICONNHOST is not responsible for the availability of external sites or resources linked from the Services.
5.4 ICONNHOST is not liable for damages incurred due to network or software-related breaches. In case of a breach, ICONNHOST will notify you to take necessary actions.
5.5 These Terms constitute the entire agreement between the parties and supersede all prior agreements. Use of section headers is for convenience only. If any part of these Terms is invalid, the remaining parts will remain in full force and effect.
5.6 ICONNHOST may modify or discontinue Services at any time in its sole discretion. You agree that ICONNHOST is not liable for any consequences related to such modification or discontinuation.
5.7 These Terms of Use and any dispute related thereto are governed by the laws of the State of New York. The parties submit to the personal and exclusive jurisdiction of state and federal courts located within New York County, New York.
5.8 Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
6. BILLING AND PAYMENTS
6.1 We charge in arrears; you receive an invoice during the first week of every month for Services used in the previous month.
6.2 ICONNHOST is a ‘pay as you go’ service. You pay for the resources used and the time used (minimum one-hour increments).
6.3 Cloudways will refund unused prepaid account funds within three months of addition, excluding amounts deducted for consumed services.
6.4 We use third-party payment processors to bill you through your linked account. You agree to pay all sums for Services in accordance with our pricing and billing policies. Keep your account and billing information accurate and promptly update changes.
6.5 By using the Services, you agree to be billed on a recurring basis and automatically charged by us or our Payment Processors. We reserve the right to deactivate, terminate, or disable services for nonpayment or late payment.
6.6 You are responsible for duties, customs fees, taxes, and related penalties, fines, audits, interest, and back-payments relating to your purchase of the Services. Our pricing policies do not include Taxes unless otherwise stated. If we collect Taxes, you will be invoiced accordingly.
6.7 ICONNHOST may offer Service credits, subject to disclosures, terms, and policies. Credits are revocable at any time by us, including for abuse or misrepresentation.
