Terms of Service

IMPORTANT NOTICE: *All Payments To CloudBlock, Inc Are Non-Refundable*

CloudBlock, Inc ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of CloudBlock, Inc Service constitutes acceptance and agreement to CloudBlock, Inc's AUP as well as CloudBlock, Inc's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of CloudBlock, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Broward applicable to contracts enforceable in that state. Venue will be Orange County, Florida.

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who presents a court issued subpoena without further consent or notification to the Subscriber. In addition CloudBlock, Inc shall have the right to terminate all service set forth in this Agreement.

     
  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

     
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

     
  4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 24 hours past past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectable by CloudBlock, Inc may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

     
  5. Refund and Disputes: All payments to CloudBlock, Inc are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in CloudBlock, Inc's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay CloudBlock, Inc an "Administrative Fee" of not less than $50 and not more than $150.

     
  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

     
  7. Account Cancellation: All requests for canceling accounts must be submitted through the control panel support system. The account will be cancelled as soon as we receive the request (you can't request it be turned off on a particular date/time) and are processed within 1 minute. Cancellations may NOT be made through phone, email, in person, or cell phone as the only way to validate the authorized users are cancelling the service is through the portal. Upon cancellation the administrator of the account will receive an email confirmation.
     
  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury.

     
  9. Support Boundaries: CloudBlock, Inc, provides 24 x 7 technical support to our subscribers at https://support.cloudblock.com.

     
  10. SPAM and Unsolicited Commercial Email (UCE): CloudBlock, Inc takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CloudBlock, Inc may not use or permit others to use our network to transact in UCE. Customers of CloudBlock, Inc may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    1. Violation of CloudBlock, Inc's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CloudBlock, Inc will initiate an immediate investigation (within 48 hours of notification). During the investigation, CloudBlock, Inc may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CloudBlock, Inc may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CloudBlock, Inc reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CloudBlock, Inc will notify law enforcement officials if the violation is believed to be a criminal offense.

       
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that CloudBlock, Inc personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

       
    3. Massive relays, mail bombing, marketing lists and other massive mailing list operations are strictly prohibited through ExchangeDefender outbound relays. CloudBlock, Inc takes reasonable precautions to limit abuse (such as limiting the number of recipients per message, limiting the size / number / type of attachments) and any attempt to bypass these measures for purpose of distributing bulk mail or mailing list / distribution group services will lead to an immediate cancellation.

  11. Network

    1. IP Address Ownership: If CloudBlock, Inc assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CloudBlock, Inc, and Customer shall have no right to use that Internet Protocol address except as permitted by CloudBlock, Inc in its sole discretion in connection with the Services, during the term of this Agreement. CloudBlock, Inc shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CloudBlock, Inc, and CloudBlock, Inc reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies.

       
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). CloudBlock, Inc will monitor Customer's bandwidth and disk usage. CloudBlock, Inc shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CloudBlock, Inc's sole and absolute discretion. If CloudBlock, Inc takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the CloudBlock, Inc Network. Violations of system or network security may result in civil or criminal liability. CloudBlock, Inc will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

         
      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

         
      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

         
      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

         
      5. Taking any action in order to obtain services to which such User is not entitled.

     
  12. Notification of Violation:

    1. CloudBlock, Inc is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

       
    2. First violation: Any User, which CloudBlock, Inc determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CloudBlock, Inc's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

       
    3. Second Violation: Users that CloudBlock, Inc determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

       
    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.

     
  13. Suspension of Service or Cancellation: CloudBlock, Inc reserves the right to suspend network access to any customer if in the judgment of the CloudBlock, Inc network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CloudBlock, Inc chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

     
  14. CloudBlock, Inc reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of CloudBlock, Inc must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

     
  15. Indemnification: CloudBlock, Inc wishes to emphasize that in agreeing to the CloudBlock, Inc Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CloudBlock, Inc for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CloudBlock, Inc or the bringing of any claim against CloudBlock, Inc by any third-party. This means that if CloudBlock, Inc is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CloudBlock, Inc, plus all costs and attorney's fees.

     
  16. Branding: CloudBlock, Inc does not grant reselling rights of CloudBlock, Inc services or it's brand name or logo. All CloudBlock, Inc materials used in the branded communications must retain CloudBlock, Inc copyright with respect to the logos and trademarks of CloudBlock, Inc.
     
  17. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

       
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

       
    3. CloudBlock, Inc takes no responsibility for any material input by others and not posted to the CloudBlock, Inc Network by CloudBlock, Inc. CloudBlock, Inc is not responsible for the content of any other websites linked to the CloudBlock, Inc Network; links are provided as Internet navigation tools only. CloudBlock, Inc disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

       
    4. CloudBlock, Inc is not responsible for any damages your business may suffer. CloudBlock, Inc does not make implied or written warranties for any of our services. CloudBlock, Inc 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 CloudBlock, Inc.

       
  18. Responsibility for Content: You, as CloudBlock, Inc's customer, are solely responsible for the content stored on and served by your CloudBlock, Inc servers.