Effective Date: August 14, 2017
Last Updated: May 28, 2026
You must read and agree to all terms in this document before using our Services. By using or continuing to use ChemiCloud Services, you automatically agree to the terms of this document.
This Service Agreement (the "Agreement") is a legal agreement between you ("you", "your", "Client", or "beneficiary") and CCHosting, Inc., a Delaware corporation with registered office at 1111B S Governors Ave # 48212, Dover, DE 19904 ("ChemiCloud", "we", "us", "our", or "provider"). It is the legal basis for the hosting Services we provide to you (shared hosting, WordPress hosting, reseller hosting, virtual private servers, dedicated servers, domain registration, SSL, email, and related services).
This Agreement, whose provisions have been agreed in the contractual freedom afforded by law, has been established by our mutual agreement and in compliance with applicable law. Any questions regarding this Agreement should be sent to [email protected] before signing up for service.
Capitalized terms used but not defined here have the meanings given in the Terms of Service.
WHEREAS, ChemiCloud owns, distributes and provides various products and services for conducting business on the Internet, including shared, reseller, VPS and dedicated web hosting, cPanel licensing, and the ChemiCloud family of services (collectively, the "Services");
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance, or maintain Client's business and/or presence on the Internet;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows.
1.1 Services. ChemiCloud agrees to provide to Client the Services agreed upon between ChemiCloud and Client as selected by Client in ChemiCloud's customer database, as specified at chemicloud.com.
1.2 Server Locations. At the time of this revision, the server locations are as follows. For the current, up-to-date list, see server locations.
Shared Hosting, WordPress Hosting, and Reseller Hosting:
Cloud VPS:
E-mail Hosting and Managed WordPress Hosting: servers located in the United States.
ChemiCloud retains the right to alter the default location for any account at its discretion as needed.
2.1 Fees in advance. In consideration of the performance of the Services, Client shall pay ChemiCloud in advance the amount set forth in ChemiCloud's customer database, as such records are amended from time to time, for the Services during the term of this Agreement.
2.2 Client responsibility for use. Client is responsible for all activities and charges resulting from Client's use of the Services. Client agrees to pay all fees, bandwidth charges, connect-time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a security breach affecting Client's account, Client will remain liable for any unauthorized use of the Services until Client notifies ChemiCloud by sending an email containing account information to [email protected].
2.3 Rate changes. Current rates for the Services are available at chemicloud.com. ChemiCloud reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, ChemiCloud may from time to time institute special trial offers, which will be reflected in the confirmation letter sent to Client at sign-up. If ChemiCloud does not receive the full amount of Client's Service account balance, ChemiCloud may suspend and/or terminate Client's account immediately without further notice to Client, in accordance with the late-payment terms in the Terms of Service.
2.4 Auto-renewal. All hosting Services renew automatically. Client may opt out of automatic renewal by managing the setting in the client area or by contacting [email protected]. The notification window before each renewal charge, the billing-retry schedule, and the unexpected-renewal refund policy are set out in the Terms of Service.
3.1 Means of Performance. ChemiCloud shall provide Client with the ChemiCloud hosting Services as described at chemicloud.com. ChemiCloud has the right to control and direct the means, manner, and method by which the host Services are performed. (See §1.2 above for current server locations.) ChemiCloud retains the right to alter the default location for accounts at its discretion as needed.
3.2 Support. ChemiCloud shall provide a reasonable level of technical support to Client via email ([email protected]) or LiveChat for the term of this Agreement.
3.3 Uptime Guarantee. "Uptime" refers to the amount of time the Services are available, as measured solely and only by ChemiCloud's internal monitoring systems. We will not accept third-party uptime monitoring systems as evidence that you are entitled to compensation. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by ChemiCloud's internal monitoring systems. Real-time uptime and incident history is published on our Status Page. ChemiCloud guarantees networking and services connectivity uptime of 99.99% on an annual basis. If we fall below the guaranteed uptime, we will compensate you as follows:
If such level of service is not provided, ChemiCloud will offer compensation as determined in the chart above, and only for your ChemiCloud hosting Services, but not for any of the following products and additional services: domain name registration, software licenses (WHMCS, LiteSpeed, cPanel, CloudLinux, Imunify360), set-up fees, Automated Remote Backups, SSL Certificates, labor charges, and other services unrelated to hosting Service Uptime.
Compensation is limited to the length of your current billing cycle, but cannot exceed twelve (12) months for the affected hosting Services.
To receive compensation, you must make a request by creating a Billing ticket from inside your client area. Each request must include the dates and times of the Downtime and the name and IP address of the server or servers that experienced the Downtime. The request must be received by ChemiCloud within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by ChemiCloud, compensation will be applied to your ChemiCloud account within thirty (30) days of receipt of the request.
The provisions of this Agreement pertaining to Force Majeure are unaffected by these terms referring to the Uptime Guarantee. Downtime caused by any of the following shall not result in any obligation by ChemiCloud to provide credit to you:
3.4 Other Work. ChemiCloud has the right to perform and license products to others during the term of this Agreement. ChemiCloud may elect to electronically monitor the host Services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host Services and protect its Clients. ChemiCloud reserves the right to block any site hosted by ChemiCloud that contains any content that ChemiCloud deems in its sole discretion to be unacceptable or undesirable.
3.5 Security and Certifications. Our hosting infrastructure operates in datacenters maintained by upstream providers that hold industry-standard information-security certifications, including SOC 2 Type II and ISO 27001 / ISO 27018 where applicable to the provider and region. ChemiCloud's own security practices are described in Privacy Policy §8.
4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client's obligations and use of the Services by Client, its customers, and users will not violate any applicable laws or regulations, will not cause a breach of any agreement with any third parties, and will not unreasonably interfere with other ChemiCloud Clients' use of the Services. Client assumes all risks related to the processing of transactions related to electronic commerce. Client agrees to provide ChemiCloud with the accurate, complete, and updated information required at registration (the "Client Registration Data"), including Client's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify ChemiCloud within thirty (30) days of any change to Client's Registration Data.
4.2 Breach of Warranties. In the event of a breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, ChemiCloud will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided the Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which are governed by a separate agreement between Client and the third-party domain-name registrar (see the Domain Registration Agreement).
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end-user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end-user licenses regarding the applicable third-party software. Client consents to and authorizes ChemiCloud to delegate the authorizations Client provides to ChemiCloud to its third-party service provider(s) as ChemiCloud deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such third-party service providers, who are deemed to be third-party beneficiaries of this Agreement. Client also agrees that all references to "ChemiCloud" within this Agreement and any incorporated terms include, where applicable, ChemiCloud's agents, such as the third-party service providers.
4.5 Advertising, Solicitation, and Client-Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to ChemiCloud Clients or to other Internet users unless Client has received the express permission of those individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the ChemiCloud network. Client may not use the Services to collect or "harvest" user-names of ChemiCloud Clients or other Internet users without their prior express permission. ChemiCloud reserves the right to block or filter mass-email solicitations sent from sites hosted on the ChemiCloud network.
4.6 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, ChemiCloud's then-current Terms of Service ("TOS"), and any generally applicable guidelines and service standards published by ChemiCloud. Client warrants that its site hosted on the ChemiCloud network (i) will conform to the ChemiCloud TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent, or any other third-party right; and (iii) will not contain any content that violates any applicable law, rule, or regulation. ChemiCloud shall have no obligations with respect to the content available on or through any site hosted on the ChemiCloud network, including any duty to review or monitor any such content. ChemiCloud reserves the right to block any site that violates any of the above terms, or which in ChemiCloud's sole discretion ChemiCloud deems objectionable or offensive, or that otherwise violates a law or ChemiCloud policy, or, in the alternative, to terminate this Agreement in accordance with §7.3 herein.
4.7 Compliance with Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and with the TOS, as updated by ChemiCloud from time to time. The TOS are incorporated herein and made a part hereof by this reference. ChemiCloud may change the TOS, with notice, which notice may be provided by posting such new TOS at the ChemiCloud Site. Client may request a current copy of the TOS by sending a request to [email protected]. Client agrees that it has received, read, and understands the current version of the TOS.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by ChemiCloud is the property of ChemiCloud, and all title and interest therein shall vest in ChemiCloud. To the extent that title to any such works may not, by operation of law, vest in ChemiCloud, all rights, title, and interest therein are hereby irrevocably assigned to ChemiCloud. All such materials shall belong exclusively to ChemiCloud, and ChemiCloud shall have the right to obtain and to hold in its own name copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Client agrees to give ChemiCloud and any person designated by ChemiCloud such reasonable assistance, at ChemiCloud's expense, as is required to perfect the rights defined in this paragraph.
5.1 Limitation. In the event that any limited guarantees are provided by ChemiCloud, such limited guarantees are null and void if Client fails to follow ChemiCloud's TOS and other policies or otherwise breaches this Agreement in any respect.
5.2 Backups. ChemiCloud performs nightly backups of Shared Hosting, Reseller Hosting, and WordPress Hosting accounts; however, these backups are for ChemiCloud's administrative purposes only and are in no way guaranteed. Customers are responsible for maintaining their own backups on their own personal computers or external storage. ChemiCloud does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on ChemiCloud's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer. The full backups policy, including the JetBackup details, the suspended-account rule, and the no-backup-solution use restriction, is set out in §9 of the Terms of Service.
5.3 No Other Warranty. ChemiCloud does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained therefrom is at Client's own risk. The Services are provided on an "as is" basis, and Client's use of the Services is at its own risk. Except as provided in the order form(s), ChemiCloud does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising from a course of dealing, usage, or trade practice. ChemiCloud does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
5.4 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. ChemiCloud does not and cannot control the flow of information to or from ChemiCloud's network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client's connections to the Internet (or portions thereof). ChemiCloud cannot guarantee that such events will not occur. Accordingly, ChemiCloud disclaims any and all liability resulting from or related to such events.
5.5 Aggregate Liability Cap. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client's remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of ChemiCloud and its third-party service providers, employees, distributors, agents, or affiliates, to Client or any party claiming by or through Client for any cause whatsoever, exceed the fees Client paid ChemiCloud for the Service during the twelve (12) months immediately preceding the event giving rise to the claim, regardless of the form of action and whether in contract, statute, tort, or otherwise. In no event will ChemiCloud be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
Client agrees to indemnify, defend, and hold ChemiCloud and its affiliates, agents, employees, and licensors (including the third-party service providers) harmless from any and all claim, demand, loss, costs, or expense, including attorneys' fees, made by any person arising out of Client's violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will ChemiCloud or its affiliates, agents, employees, or licensors (including third-party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, the Services, even if any such party has been advised of the possibility of such damages.
In no event will ChemiCloud or its third-party service providers be liable to Client or any third party for any tort, contract, or any other liability arising in connection with the use of the Services or reliance on any information or services provided by ChemiCloud. ChemiCloud and its third-party service providers will under no circumstances be liable to Client or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data, or other intangible losses, or any direct, indirect, special, consequential, incidental, or punitive damages whatsoever, even if ChemiCloud or its third-party service providers has been advised of the possibility of such damages, resulting from:
Client agrees that Client will not in any way hold ChemiCloud responsible for any selection or retention of, or the acts or omissions of, third parties (including third-party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability with respect to consequential or incidental damages may not apply to Client, and the respective liability of ChemiCloud and its third-party service providers, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those states.
The aggregate liability cap set out in §5.5 above applies to any claim under this section.
7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term, for any or no reason, upon either party giving the other no less than five (5) days' prior email notice of termination. No matter which party terminates the Agreement pursuant to this §7.1, any and all payment obligations of Client under this Agreement for Services provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five-day period.
7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, ChemiCloud may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client's breach or failure to comply with the TOS or other policies of ChemiCloud. Client may terminate this Agreement if ChemiCloud breaches any material term and fails to cure the breach within a reasonable period after written notice of same. If this Agreement is terminated by ChemiCloud under this §7.2, the entire balance of the then-current term shall immediately become due and payable. In addition to the foregoing, ChemiCloud reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which ChemiCloud believes in its sole discretion to be illegal or potentially harmful to others or which may expose ChemiCloud to harm or liability.
7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services or of this Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration or termination of this Agreement: Sections 4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation, or termination of this Agreement, Client shall relinquish any Internet Protocol ("IP") numbers, addresses, or address blocks assigned to Client by ChemiCloud or its network-services supplier (but not the URL or top-level domain connected therewith). ChemiCloud reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses, or address blocks.
8.1 Assignment. Client may not assign this Agreement or any of Client's rights or obligations hereunder without the prior written consent of ChemiCloud, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below: (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.
CCHosting, Inc.
Attn: Legal
1111B S Governors Ave # 48212
Dover, DE 19904
United States
Email: [email protected]
To the postal address and email address provided by Client at account set-up.
8.3 Governing Law. This Agreement and all future agreements Client may enter into with ChemiCloud, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. This is the case regardless of whether Client resides or transacts business with ChemiCloud in the United States or elsewhere. Client agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware, United States. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The dispute, governing law, and venue provisions of the Terms of Service §14 also apply to this Agreement, including the EU consumer-rights carve-out in TOS §14.4.
8.4 Modifications. No modifications, amendment, supplement to, or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties, or, in the case of modifications proposed by ChemiCloud, communicated by email or by a posted notice on chemicloud.com at least thirty (30) days before they take effect, after which continued use of the Services constitutes acceptance.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of this Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired.
8.7 Force Majeure. ChemiCloud and its affiliates, agents, employees, or licensors (including third-party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation fire, flood, strike or other industrial disturbance, failure to transport, accident, war, riot, insurrection, pandemic, act of God, or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8.9 Terms of Service. Client agrees to be bound by ChemiCloud's TOS for all Services and products used by Client. The current TOS can be found at chemicloud.com/terms-of-service. Should Client disagree with any update to ChemiCloud's TOS, it is Client's responsibility to notify ChemiCloud of Client's desire to terminate the Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND CHEMICLOUD'S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS. CLIENT'S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH §7.
8.11 Entire Agreement. This Agreement and the exhibits referenced herein, together with the Terms of Service, Privacy Policy, Resource Usage Policies, and Domain Registration Agreement, set forth the entire agreement and supersede any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, condition, or other provision which is different from or in addition to those proffered by the other party in any correspondence or other document, unless the party to be bound specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity, or by an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
ChemiCloud's current Terms of Service are available at:
ChemiCloud's current Resource Usage Policies are available at:
Mailing address:
CCHosting, Inc.
1111B S Governors Ave # 48212
Dover, DE 19904
United States
A dated history of changes to this Agreement and our other legal documents is published at terms revisions.
