Effective Date: August 14, 2017
Last Updated: May 28, 2026
These Terms of Service (the "Terms") are a legal agreement between you ("you", "Customer") and CCHosting, Inc., a Delaware corporation with registered office at 1111B S Governors Ave # 48212, Dover, DE 19904 ("ChemiCloud", "we", "us", "our"). By signing up for, using, or paying for any of our Services you agree to be bound by these Terms.
Please read these Terms carefully. They incorporate by reference the following companion documents, which together govern your use of our Services:
Any questions about these Terms should be sent to [email protected] or asked in LiveChat before signing up for service.
1.1 "Services" means the shared web hosting, WordPress hosting, reseller hosting, virtual private server (VPS), dedicated server, domain registration, SSL certificate, email, and ancillary services offered by ChemiCloud at chemicloud.com and its subdomains.
1.2 "Account" means the customer account you create with ChemiCloud through which you order, pay for, and manage Services.
1.3 "Customer Content" means any data, files, code, websites, email, databases, or other material you or your End Users upload to or transmit through the Services.
1.4 "End User" means any person who interacts with Customer Content or services you operate using our Services.
1.5 "Renewal Term" means each successive billing term that begins automatically when a current term ends, unless cancellation has been completed in advance as described in §6 and §7.
2.1 Acceptance. You accept these Terms by (a) clicking "I agree" on a sign-up form, (b) paying for any Service, or (c) using any portion of the Services. If you accept on behalf of an organization, you represent that you are authorized to bind it.
2.2 Eligibility. You must be at least 18 years old (or the age of majority where you live) and able to enter a binding contract. ChemiCloud does not knowingly contract with minors.
2.3 Accurate Identity. You must provide accurate, current, and complete information at sign-up and keep it up to date. Providing false information, including a false name, false billing address, or someone else's payment method, is grounds for immediate suspension and may be referred to law enforcement.
3.1 Permitted Use. You may use the Services for any lawful purpose consistent with these Terms and the Resource Usage Policies. ChemiCloud will be the sole arbiter of what constitutes a violation of this section, and reserves the right to deactivate and remove any site at any time for a credible violation.
3.2 Prohibited Content and Activities. All Services provided by ChemiCloud may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene, and material protected by trade secret or other statute. Links to such materials are also prohibited. ChemiCloud may suspend or terminate any Account, with or without prior notice, on credible evidence of any of the following:
3.2.1 Phishing, scams, and fraud. Hosting or facilitating phishing kits, credential-harvesting clones, fake-storefront scams, romance or advance-fee fraud, fake-invoice or fake-shipping notices, technical-support scams, gift-card or crypto-recovery scams, fake-news content farms, or any site or service whose purpose is to defraud users of money, credentials, or personal data.
3.2.2 Child sexual abuse material (CSAM) and child exploitation. Any content that depicts, promotes, glorifies, advertises, sells, or links to child sexual abuse material, child exploitation, or grooming, is strictly prohibited. ChemiCloud will preserve evidence and, where required by law, report violations to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement.
3.2.3 Hate speech, terrorism, and incitement to violence. Content that promotes terrorism, incites imminent violence against persons or groups on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, disability, or other protected characteristics, or that coordinates doxxing or harassment campaigns.
3.2.4 AI-generated fraud, deepfakes, and synthetic-media abuse. Deepfake impersonation used to defraud, AI-generated phishing pages, voice-cloning sites used to deceive, AI-generated CSAM, and other malicious uses of synthetic media.
3.2.5 Cryptocurrency mining. Running cryptocurrency miners (proof-of-work, proof-of-stake, or any other consensus algorithm) is prohibited. Mining workloads are not permitted under any circumstances.
3.2.6 Anonymizing networks and open proxies. Operating a public Tor exit node, public VPN endpoint, public I2P or Yggdrasil router, open SOCKS/HTTP proxy, or any other publicly-accessible anonymizing or peer-to-peer relay that obscures the origin of traffic.
3.2.7 File storage, off-site backup, or sync-only services. Using a hosting account primarily as bulk file storage, off-site backup destination, cloud-sync endpoint (Nextcloud, ownCloud, Seafile, Dropbox-clone, photo backup, etc.) detached from a real website is prohibited. The Resource Usage Policies describe the enforcement thresholds. You may not use your hosting account as a backup solution; see §9.5.
3.2.8 Real-time chat applications and chat backends. Self-hosted real-time chat web applications and team-messaging platforms — including but not limited to Rocket.Chat, Mattermost, Matrix/Synapse, Zulip, Mumble, self-hosted Discord or Slack bridges, chat applications written in PHP, Perl, CGI, Python, Ruby, etc., IRC daemons and IRC bots, mass-chat servers, shoutboxes, chatboxes, and live-chat/live-help backends (such as but not limited to LiveZilla) — may be operated on a Virtual Private Server (VPS) or dedicated server only after prior written approval from the ChemiCloud team (see §3.3.2); they are NOT permitted on shared, WordPress, or reseller plans because of the connection and resource patterns they generate, and are not permitted on a VPS or dedicated server until that approval has been granted. Embedded third-party chat widgets (such as LiveChat, Crisp, or Tawk.to, where the chat backend runs on the provider's own servers) are permitted on all plan types.
3.2.9 Unlawful material. Transmission, storage, or presentation of any information, data, or material in violation of any law is prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to ChemiCloud servers or any other server on the Internet. Adult content placement (pornography, adult-oriented e-commerce, adult video-chat, sex shops, and similar) is governed by §3.3 below; it is permitted only on a VPS or dedicated environment and only where the content is lawful in the United States.
Examples of non-acceptable content:
3.2.10 Other abuse categories. The following are also prohibited: sending spam (UCE/UBE) in any form (see §10.3); distributing malware, exploit kits, or stalkerware; hosting infringing intellectual property; running brute-force tools, port scanners, or DoS/DDoS amplifiers against third parties; reverse-engineering or attempting to evade the security or rate limits of our Services or any third-party service; and any activity that violates applicable law. ChemiCloud will be the sole arbiter as to what constitutes a violation of this provision.
The following categories of websites and business activities are subject to heightened regulation, generate disproportionate abuse complaints, or create resource and IP-reputation patterns that materially impact shared infrastructure and the wider ChemiCloud customer base. ChemiCloud does not broadly host these categories. They may be considered for hosting only on a Virtual Private Server (VPS) or dedicated server, only after the conditions in §3.3.1 and §3.3.2 below are met, and remain at all times subject to ChemiCloud's sole discretion. ChemiCloud is particularly sensitive to abuse complaints, takedown notices, or third-party reports concerning any account in these categories and reserves the right to suspend or terminate any such service immediately upon receipt of a credible report, without prior warning and without refund.
Before ordering or migrating any website that falls into one of these categories, you must first contact us at [email protected] and obtain written confirmation from ChemiCloud that the content is permitted. Under no circumstances will ChemiCloud host content in these categories that is illegal in the United States, and under no circumstances will ChemiCloud host content in these categories on a shared, WordPress, or reseller plan — these activities are permitted only on a Virtual Private Server (VPS) or dedicated server. To be considered for hosting, you must (i) contact us in writing before ordering or migrating, (ii) provide documentation evidencing that the activity is lawful in the United States (such as licenses, accreditations, or registrations where applicable), and (iii) agree to host the website on a VPS or dedicated server. The categories below are:
3.3.1 Lawful operation required. Operating any of the activities listed in §3.3(a)–(g) in a manner that is unlawful in the United States is prohibited. This includes, without limitation, unlicensed forex brokerages, unlicensed gambling operations, online pharmacies that do not hold the appropriate U.S. accreditation, and adult content that fails to meet U.S. age-verification and recordkeeping requirements (including 18 U.S.C. §2257 where applicable).
3.3.2 VPS or dedicated environment required, with written approval. Even where the activity listed in §3.3(a)–(g) is lawful in the United States — including the case of an affiliate website that only recommends or links to such services without itself transacting in them — ChemiCloud requires the affected website and accounts to be hosted on a Virtual Private Server (VPS) or dedicated server, and not on a shared, WordPress, or reseller plan, so that the abuse-complaint volume, takedown notices, IP-reputation impact, and resource patterns do not affect customers on shared infrastructure. Operating any activity listed in §3.3(a)–(g) on a VPS or dedicated server requires prior written approval from the ChemiCloud team; the activity is not permitted, even on a VPS or dedicated server, until that approval has been granted. ChemiCloud reserves the right, in its sole discretion, to require migration of the affected website to a VPS or dedicated environment, to deny or revoke approval at any time, or to suspend or terminate any Account at any time, including where the Customer fails to migrate within a reasonable period after written request.
3.3.3 Other regulated or high-risk industries. The list in §3.3(a)–(g) is not exhaustive. If ChemiCloud determines, in its sole discretion, that a website or business activity not listed above is similarly regulated, high-risk, or resource-intensive, ChemiCloud will notify the Customer in writing and may require migration of the affected website to a VPS or dedicated server. ChemiCloud may also suspend or terminate any Account at its sole discretion under such circumstances.
Certain entities and individuals are prohibited from registering for and using our Services pursuant to export-control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. In particular, without limitation, the U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a "Sanctioned Country/Region") and certain individuals, organizations, or entities, including "Specially Designated Nationals" ("SDN") listed by OFAC. By using our Services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with explicit written permission, ChemiCloud also does not register and prohibits the use of any of our Services in connection with any Country-Code Top-Level Domain Name ("ccTLD") for any Sanctioned Country/Region.
You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations of your jurisdiction, the United States, and any jurisdiction where your End Users are located. You will not use the Services in any way that violates U.S. export-control laws, sanctions regimes (including OFAC), or the laws of any other country where the Services are accessed.
4.1 Accurate information. You will provide accurate, current, and complete information at sign-up and keep it up to date.
4.2 Credentials. You are responsible for safeguarding your Account credentials, including hosting control panel passwords, FTP/SSH keys, database passwords, and any API tokens we issue. You agree to use strong passwords and, where supported, two-factor authentication.
4.3 Notification of compromise. You will notify us promptly at [email protected] if you suspect unauthorized access to your Account, your sites, or any data we host on your behalf.
4.4 One person, one Account. Accounts are issued to the individual or entity named at sign-up. You may not transfer your Account to a third party without our prior written consent. Multiple accounts created to evade limits, suspensions, or pricing tiers are grounds for termination of all related accounts.
5.1 Description. The Services we offer, their features, and their resource allocations are described on chemicloud.com at the time of order. We may add, remove, or modify features from time to time. Material reductions to a Service you have already purchased will be communicated to you in advance and, where commercially reasonable, you will have the option to terminate and receive a pro-rata refund for the unused portion of the prepaid term.
5.2 Service Level (uptime). The uptime commitment for the Services, including the definition of "downtime", the exclusions, and the remedy schedule, is set out in the Service Agreement. Real-time uptime and incident history is available on our Status Page.
5.3 Beta and pre-release features. Features that we label as "beta", "early access", "preview", or similar are provided as-is, without uptime guarantees, and may be modified or withdrawn at any time.
5.4 System Resource Usage. If ChemiCloud's system administration team determines that an Account is using an unacceptable amount of system resources, we may temporarily deactivate the Account. If our staff considers it necessary, an eviction notice may be sent giving you seven (7) days to either upgrade to a VPS or other hosting solution recommended by us or to locate a new provider. This only occurs in extreme cases; ChemiCloud will do all it can to assist customers before this scenario arises. The Resource Usage Policies describe the specific thresholds and metrics.
6.1 Pricing. Pricing for the Services is the pricing shown on chemicloud.com at the time of order, or the pricing in a separately signed order form. Promotional prices apply only to the first term of the Service; renewals are at the then-current standard rate unless the promotional terms expressly say otherwise.
6.2 Payment. You will pay all fees when due, in U.S. dollars, by an accepted payment method (credit/debit card, PayPal, Stripe ACH/SEPA, Authorize.net, or any other method we then accept). ChemiCloud screens all orders for fraud; in certain cases, if your order is flagged for fraud, it will not be processed. ChemiCloud has no liability for not providing the Services (including any third-party services) if your order fails the fraud screen.
It is your responsibility to ensure that all billing information on file is accurate and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any fees charged to your payment method by the issuer, bank, or financial institution, including membership, overdraft, insufficient-funds, and over-the-credit-limit fees.
6.3 Auto-Renewal Notification and Billing Schedule. We will provide you with at least ten (10) days' notice of your renewal pricing before the payment due date for monthly, annual, or longer-term plans. Unless otherwise provided, ChemiCloud will automatically bill the payment method on file as follows:
You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file for each Renewal Term, unless you terminate or cancel the Services before that charge as provided in this section. All fees are billed in United States dollars ("USD") and are subject to change with prior notice to you. ChemiCloud is only able to automatically collect payments from customers with credit cards stored on file. All other payment methods (for example, PayPal one-time payments) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their payment due date.
You may turn off auto-renewal at any time from your client area.
6.4 Price Change. ChemiCloud reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you any price change on any annual or longer-term plans. It is your sole responsibility to periodically review pricing on our website and the billing information provided through the client area or other methods of communication, including notices sent or posted by ChemiCloud.
6.5 Late Payments. Any account not paid in full by the end of the Term will be given a one (1) day grace period. If payment is not made within the one-day grace period, ChemiCloud reserves the right to suspend your Services. ChemiCloud reserves the right to terminate Services fourteen (14) days after the payment due date for Shared Hosting, WordPress Hosting, and Reseller Hosting, and three (3) days after the payment due date for VPS Hosting. ChemiCloud is not responsible for any damages or losses (including data loss) as a result of suspension or termination for non-payment, and reserves the right to refuse to reactivate Services until all outstanding invoices are paid in full.
6.6 Duplicate Payments. A "duplicate payment" is any payment made more than once for the same Service, whether inadvertently or due to system errors, via credit/debit card or PayPal. A common example is an active PayPal subscription where the customer also attempts a manual payment ahead of the automatic subscription.
Automatic Credit. Upon detection of a duplicate payment by our system, the excess amount is automatically allocated to your ChemiCloud account as account credit, pending further action by you.
Refund Options. You are presented with two options:
Notification Period. You must inform ChemiCloud of any duplicate payment within fourteen (14) days from the payment date. If you notify us beyond the 14-day period, the monetary-refund option is no longer available and the duplicate amount remains as account credit.
6.7 Taxes. Fees are exclusive of taxes. You are responsible for sales tax, VAT, GST, and similar taxes that apply to your purchase, unless we are required by law to collect them on your behalf (in which case they will be added to your invoice).
6.8 Chargebacks. Initiating a chargeback for charges that are valid under these Terms — rather than first requesting a refund through our Billing department — is grounds for immediate suspension. You agree to contact [email protected] before disputing any charge. If a payment dispute or chargeback is initiated for a renewal charge, the dispute process will proceed according to the policies of the respective payment provider. If the dispute is resolved in ChemiCloud's favor, the standard refund options under §7 are no longer available; the hosting service will remain active until its expiration date unless cancelled by you.
7.1 Cancellation Procedure. Cancellations are processed by our Billing department. A cancellation request must be submitted through the cancellation form inside your client area in order to (a) confirm your identity and (b) confirm in writing that you are prepared for all of your files and emails to be removed. This process aims to reduce the likelihood of mistakes and fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and Account may be removed immediately and permanently after a cancellation request is processed.
The form will ask you to:
Once the cancellation request form is submitted with all required information, our Billing team will process it based on your chosen cancellation type and send you a confirmation when the cancellation is complete.
7.2 Money-Back Guarantee — Duration and Scope.
The countdown to the end of the guarantee begins from the activation date of the Account, not the order placement date.
7.3 Exceptions to the Money-Back Guarantee. The following are NOT covered by our Money-Back Guarantee:
If there is any breach of these Terms, the Service Agreement, or any other policy of ChemiCloud, the Money-Back Guarantee is null and void.
General refund policy. After the Money-Back Guarantee period, ChemiCloud upholds a no-refund policy except in cases covered by the Renewal Refund Policy (§7.4). Any credits applied to ChemiCloud accounts are non-refundable; account credit never expires and can be used for any future invoice or purchase with us. Only first-time accounts are eligible for a refund. For example, if you have had an account with us before, cancelled, and signed up again, or if you have opened a second account with us, you are not eligible for a refund; the same policy applies if you purchase a second service similar to one that is already active in your account. Violations of these Terms waive your rights under the refund policy.
7.4 Renewal Refund Policy (Unexpected Renewals). We understand that unexpected renewals may occur. For the purposes of this section, an "unexpected renewal" is a hosting-service renewal that a customer did not anticipate, either due to an oversight, outdated payment information, or an unintentional auto-renewal setting in their account. Customers who wish to request a refund for an unexpected renewal must:
The following refund options are available for eligible hosting services:
Eligibility and refund windows. Refund requests must be submitted within the following timeframes after the renewal date:
If ChemiCloud is notified about a renewal-invoice refund beyond the 2-day or 7-day window, the partial monetary refund option is no longer available; instead, in the event of a cancellation, the amount is refunded as account credit to your ChemiCloud account.
7.5 Non-Refundable Services. Certain services are non-refundable, including but not limited to:
7.6 Refund Processing. As this process is not automated, refund requests must be manually reviewed and processed by our Billing team. Refunds are issued in accordance with the selected option and may take up to 7 business days to reflect, depending on the payment provider.
7.7 Second Orders. Customers may not circumvent renewal pricing by creating a new account or placing a second order under an existing account using a domain that is already hosted with us. If a new order is placed under these conditions, we reserve the right, in our sole discretion, to:
7.8 Introductory Offer Eligibility. Introductory Offers ("Introductory Offers") are provided by ChemiCloud to encourage the launch of new websites on our platform. These offers are accessible to both new customers creating a new account and existing customers commencing a new and separate project ("New Website"). Introductory Offers are designed to facilitate and support the growth of new initiatives by providing an advantageous starting rate. Existing customers may avail themselves of these Introductory Offers only when setting up a New Website distinct from any other project or service currently active in their account.
Existing websites ("Existing Websites") that are already hosted under an existing customer's account are not eligible for Introductory Offers. These projects must adhere to the standard or renewal pricing applicable at the time of service continuation or upgrade.
To maintain equity and the integrity of our promotions, existing customers may not transfer or re-register an Existing Website into a new account or under a new project for the purpose of claiming Introductory Offers. In the event of such a violation, the offending account(s) may be subject to immediate suspension or termination, and any transactions associated with the violation will not be eligible for a refund, including within the standard 7- or 45-day Money-Back Guarantee period.
8.1 Free Migration. Our Migrations Team will make every effort to assist you in transferring your website(s) to our platform. Migrations are provided as a courtesy service; however, we do not guarantee the availability, feasibility, or time required to complete an account migration. Each hosting provider is configured differently, and some platforms store data in formats that are incompatible or proprietary, which may make migration of some or all account data difficult or, in some cases, impossible. As a result, we may not always be able to assist in transferring data from your previous host.
The free migration service applies only to external migrations, meaning transfers from a third-party hosting provider to ChemiCloud, and is available for sixty (60) days from the date of sign-up. External migrations requested after this 60-day period will incur a migration fee. Internal migrations, which involve transferring data between ChemiCloud accounts, are not covered under the free migration service and are subject to a migration fee. Please contact our Support department at [email protected] for a price quote on internal migration services or any other migration-related inquiry.
In no event shall ChemiCloud be held liable for any lost or missing data or files resulting from a transfer to or from ChemiCloud. You are solely responsible for maintaining up-to-date backups of your data at all times.
8.2 Free Domain Name. Customers who sign up for a 36-month hosting plan are eligible to receive either a complimentary domain registration for one year or a free domain transfer. Some legacy customers may have received this benefit on a 12-month or 24-month billing cycle in the past; that promotion is not currently available, and the free domain is now offered only on 36-month hosting plans. If you believe a legacy entitlement applies to your account, please contact our Support team at [email protected] for details.
Domain Registration. The complimentary domain registration is applicable only to select extensions. A list of eligible extensions is available at chemicloud.com/free-domain. The free domain name must be registered at the time of sign-up and is available exclusively for new customers. Unless indicated otherwise, this promotional offer is limited to the first year of registration; domains renew at our standard rates after the initial promotional period.
Domain Transfer. The free domain transfer is available for specific extensions as outlined at chemicloud.com/free-domain-transfer. Customers must claim the free domain transfer within 30 days of hosting-plan activation by submitting a request to our Billing department. As a benefit of this transfer, the existing expiration date of your domain is extended by one year; subsequent renewals are subject to our standard rates.
Should you opt to cancel your hosting plan within our 7- or 45-Day Money-Back Guarantee period, you will receive a full refund for your payment, minus the prevailing rate for domain name registration or transfer. The current rates are available on our website.
8.3 Free WHMCS License. A complimentary WHMCS Starter License is included with our Grow, Expand, and Established reseller hosting plans. This license is provided solely for use with the reseller plan under which it was issued.
Any free WHMCS license that is not associated with an active domain within 45 days of issuance will be automatically cancelled without further notice. If your license has been cancelled due to inactivity or non-association with a domain, you may request a new license by contacting our Support team at [email protected]; a replacement license will be issued provided your reseller hosting plan remains active and eligible.
In the event you cancel your reseller hosting plan, any associated free WHMCS license will be terminated immediately and cannot be transferred or retained.
9.1 Nightly backups — administrative purpose only. 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. We use commercially reasonable efforts to maintain backup integrity but make no warranty that backups will be available, complete, or restorable. 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, except to the extent such liability cannot be excluded under applicable law. Always back your site up to your personal computer.
9.2 JetBackup. Our primary backup system relies solely on JetBackup. We do not use the default cPanel backup system to generate account backups. You may generate a manual backup of your entire account at any time through JetBackup, free of charge. Should you wish our team to manually generate a cPanel backup, the request will incur a fee; before initiating such a request, we recommend consulting our Billing department at [email protected] for a precise price quote.
9.3 Suspended accounts. Our backup system (JetBackup) does not create or retain backups for suspended accounts. If your account is in a suspended state, it is excluded from all scheduled backups, and no data is retained during that time. If a cPanel account remains in a suspended state for more than 30 days, no backups will be available for restoration. Before terminating any account that has been suspended for over 30 days, it is your responsibility to generate and securely store a full cPanel backup, as we will not be able to assist with data recovery afterward.
9.4 cPanel backups stored on the server. cPanel-generated backups stored on the server will be automatically deleted after fourteen (14) days.
9.5 No backup-solution use. You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. ChemiCloud reserves the right to remove backups from your hosting account with or without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers:
9.6 Filename limitations and excluded files. While our Backups system supports almost any characters for filenames (UTF-8), there are special characters and symbols that are generally best avoided as there are specific limitations across various filesystems and storage destinations that can cause unintended issues with your backups. The following knowledge-base articles are kept up to date:
10.1 Grounds. ChemiCloud may suspend or terminate the Services or any portion of them, with or without prior notice, if (a) you breach these Terms, the Service Agreement, the Resource Usage Policies, or any other incorporated document; (b) we receive credible evidence of unlawful activity on your Account; (c) you fail to pay fees when due and the failure is not cured as described in §6.5; (d) we are required to suspend or terminate by law, court order, or governmental request; or (e) we reasonably believe continuing to provide the Services would expose ChemiCloud, its other customers, or the public to material risk of harm.
10.2 Notice. Where practical, we will give you notice of suspension or termination and an opportunity to cure. For categories of abuse that pose an imminent risk to others (CSAM, active phishing, malware distribution, attacks against third parties), we will act immediately and notify you after the fact. Our normal policy is a warning first and account deactivation on a second offense, but no warning is required.
10.3 Spam enforcement. SPAMing, or the sending of unsolicited email, from a ChemiCloud server or using a return email address that is maintained on a ChemiCloud server, is STRICTLY prohibited. Using SPAM to advertise a site hosted on ChemiCloud's network also constitutes a violation of this provision. ChemiCloud will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated. For anyone intentionally spamming on our systems, we reserve the right to bill them at a rate of $90/hour for any cleanup, research, and related work from their illegal activities. Help us STOP SPAM! Please email our abuse department at [email protected] immediately to report a violation of our SPAM policies.
10.4 Support abuse. At ChemiCloud, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. If we terminate service for support abuse, you will be given ten (10) days' notice to find a new host. ChemiCloud will be the sole arbiter of what constitutes a violation of this provision; accounts found in violation may be subject to immediate deactivation. ChemiCloud will turn over all available information about abuse incidents, including customer contact data, to the proper authorities and may press charges.
10.5 Sole discretion to remove content. ChemiCloud reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable, or contraindicated. Failure to fully comply with these Terms is grounds for account suspension and/or deactivation; any accounts and/or servers contained within ChemiCloud's network must adhere to all of the above policies.
10.6 Effect of termination. Upon termination, your right to use the Services ends, and we may delete Customer Content after the retention period described in the Service Agreement. Sections 11 (Intellectual Property), 13 (Disclaimers and Limitation of Liability), 14 (Disputes), and 15 (General) survive termination.
10.7 Final data export. The procedure for requesting a final data export is described in the Service Agreement. To request a final export, contact [email protected] before the retention window ends.
11.1 Customer Content. You retain all ownership rights in Customer Content. You grant ChemiCloud a limited, non-exclusive, worldwide license to host, copy, transmit, display, and modify Customer Content (only to the extent necessary to provide the Services — for example, for routing, caching, and backups) solely for the purpose of operating the Services on your behalf.
11.2 ChemiCloud marks. "ChemiCloud", the ChemiCloud logo, and the chemicloud.com domain are trademarks of CCHosting, Inc. You may not use them except as expressly permitted in writing or as fair use permits.
11.3 Feedback. If you provide ChemiCloud with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
11.4 DMCA safe harbor and designated agent. ChemiCloud is a service provider under the U.S. Digital Millennium Copyright Act ("DMCA"). To report alleged copyright infringement on our Services, send a notification that complies with 17 U.S.C. §512(c)(3) to our designated agent:
Notices that do not comply with the DMCA will not be processed. Knowingly false notifications carry liability for damages under 17 U.S.C. §512(f). We will respond to valid counter-notifications under §512(g). Repeat infringers will have their Accounts terminated.
12.1 Privacy Policy. Our handling of personal data, including data collected from EU/EEA/UK residents under the General Data Protection Regulation and from California residents under the CCPA/CPRA, is described in the Privacy Policy.
12.2 Data Processing Addendum. Customers who require a signed Data Processing Addendum for GDPR Article 28 compliance can download our current DPA at GDPR Addendum, or request one by emailing [email protected].
12.3 Cookies. Information about the cookies set on chemicloud.com, including how to manage your consent, is in the Privacy Policy.
12.4 EU residents. EU/EEA/UK residents may contact [email protected] to exercise their rights under the GDPR.
13.1 As-is. Except as expressly stated in these Terms, the Service Agreement, or any separately signed order form, the Services are provided "as is" and "as available". To the maximum extent permitted by law, ChemiCloud disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.
13.2 Limitation of liability. To the maximum extent permitted by law, ChemiCloud's aggregate liability arising out of or relating to the Services, whether in contract, tort, or otherwise, will not exceed the fees you paid us for the Service during the twelve (12) months immediately preceding the event giving rise to the claim. 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.
13.3 Indemnification. You agree to defend, indemnify, and hold harmless ChemiCloud, its officers, directors, employees, and agents from and against any claim, loss, damage, expense, or liability (including reasonable attorneys' fees) arising out of (a) your use of the Services, (b) Customer Content, (c) your violation of these Terms or any incorporated document, or (d) your violation of any law or the rights of any third party.
13.4 Consumer rights. Nothing in these Terms limits any non-waivable rights you have under the consumer-protection laws of your jurisdiction.
14.1 Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.
14.2 Venue. Subject to §14.4, the state and federal courts located in Delaware will have exclusive jurisdiction to resolve any dispute, and you and ChemiCloud each consent to personal jurisdiction and venue in those courts.
14.3 Injunctive relief. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
14.4 EU consumer rights. If you are a consumer resident in the EU, the EEA, the UK, or Switzerland, you may bring proceedings in the courts of your country of residence to the extent that local consumer-protection law requires it; in that case, the law of your country of residence applies to the extent it cannot be overridden by contract.
14.5 Statute of limitations. Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the cause of action arises, except where applicable law requires a longer period that cannot be shortened by contract.
15.1 Entire agreement. These Terms, together with the Service Agreement, Privacy Policy, Resource Usage Policies, Domain Registration Agreement, Affiliates Terms of Service (where applicable), and any separately signed order form, constitute the entire agreement between you and ChemiCloud regarding the Services.
15.2 Order of precedence. If there is a conflict between these Terms and an incorporated document, these Terms control unless the other document expressly says otherwise. A separately signed order form controls over both.
15.3 Severability. If any provision of these Terms is held unenforceable, the remainder will remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law.
15.4 Assignment. You may not assign these Terms or your Account without our prior written consent. ChemiCloud may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
15.5 Waiver. A waiver of any breach is not a waiver of any subsequent breach. Failure to enforce any provision is not a waiver of that provision.
15.6 Notices. Notices to ChemiCloud must be sent to [email protected] with a copy by mail to CCHosting, Inc., 1111B S Governors Ave # 48212, Dover, DE 19904, USA. Notices to you may be sent to the email address on file for your Account.
15.7 Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, fire, flood, earthquake, pandemic, labor disputes, governmental action, internet or telecommunications outages, or the failure of upstream networks or third-party service providers.
15.8 Modifications. ChemiCloud may modify these Terms from time to time. Material modifications will be communicated by email or by a notice on chemicloud.com at least thirty (30) days before they take effect, except where a shorter notice is required by law or to address an imminent risk. Continued use of the Services after a modification takes effect constitutes your acceptance of the modified Terms.
The fastest way to reach the right team:
Mailing address:
CCHosting, Inc.
1111B S Governors Ave # 48212
Dover, DE 19904
United States
A dated history of changes to these Terms and our other legal documents is published at terms revisions.
