This web hosting agreement is between CloudToko B.V. (cloudtoko),a Netherlands based company having its registered address at Van Geenstraat, The Hauge and the customer ( individual or legal person) who orders and uses the services. This agreement governs the use of cloudtoko Services.

This terms of service also includes all our applicable policies:

Our Privacy Policy defines how we collect and use your information.
https://www.cloudtoko.eu/pp

Our No Spam Policy defines our policies regarding spam
https://www.cloudtoko.eu/nsp

Our Acceptable usage policy defines what is not allowed on our servers.
https://www.cloudtoko.eu/aup

Our Service Level Agreement defines the refunds we will credit to customers if we fail to meet our service guarantees.
https://www.cloudtoko.eu/sla

Services
cloudtoko agrees to provide the services for the fees stated in the order, subject to customer approval from cloudtoko.

Eligibility
Customer may use our services, provided that they are of legal age to form a biding contract and are not barred from receiving such services under the laws of Netherlands or other jurisdictions. In order to access our services, customers are required to provide current and factual identification, contact, and other information as part of the registration process. Customers are responsible for the confidentiality of their account information and for all activities that occur under their account. Customers are solely responsible for all content within their account. Customer agrees to immediately notify cloudtoko of any unauthorized use of their account or any other breach of security. cloudtoko will not be liable for any loss or damage as a result of their failure to provide us with accurate information or to keep their account secure.

Term
The initial service term of the agreement shall begin on the date that cloudtoko generates an e-mail message to customer announcing the activation of the customer’s account and shall continue for the duration stated in the Order (the “Initial Term”). Upon expiration of the initial term, this agreement shall automatically renew for as many successive renewal terms of the same length as the initial term (each a “Renewal Term”) unless cloudtoko or customer provides the other with written notice of non-renewal. The initial term and any renewal term may be referred to collectively in this Agreement as the term.

Fees
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. cloudtoko will require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes cloudtoko to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of this agreement; otherwise cloudtoko will send invoice Customer via electronic mail to the primary customer contact listed on the order. Invoiced fees must be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event later than the first day of each billing cycle. cloudtoko may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay cloudtoko reasonable reinstatement fee following a suspension of service for non-payment, and to pay cloudtoko’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

Suspension
Customer agrees that cloudtoko may suspend services to Customer without notice and without liability if: (i)cloudtoko reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii)cloudtoko reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.cloudtoko will resume the service without any extra costs if the reasons for suspension have been rectified.

Termination
The agreement may be terminated by customer prior to the expiration of the initial term or any renewal term. The agreement may be terminated by cloudtoko prior to the expiration of the initial term or any renewal term without further notice and without liability as follows: (i) upon seven (7) days notice if customer is overdue on the payment of any amount due under the agreement; (ii) customer materially violates any other provision of the agreement, including the AUP, and fails to cure the violation within thirty (3) days of notice from cloudtoko describing the violation in reasonable detail; (iii) upon one (1) days notice if customer’s service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if customer violates Section (Customer Information) of this Agreement. Either party may terminate this agreement upon seven (7) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Anytime Moneyback Guarantee
cloudtoko offers anytime moneyback guarantee on our web hosting, reseller plans and vps offers. Paying annual saves you 10% on those plans. In any event that customers do not want to continue in future, cloudtoko offer a no questions asked money back guarantee on the remaining months. The moneyback guarantee does not apply if customers are in voilation of our terms of service.

Backups
Customer agrees to maintain a current copy of all content hosted by cloudtoko nothwithstanding any agreement by cloudtoko to provide back up services. cloudtoko agrees to keep the most recent backup through software accessible by client. cloudtoko agrees to provide all backups stored by cloudtoko without any demand of additional payments.

Force Majeure
cloudtoko shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond cloudtoko’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing Law/Disputes
The Agreement shall be governed by the laws of the country of Netherlands, exclusive of its choice of law principles as applicable. cloudtoko may suspend or terminate Services and this Agreement immediately upon receipt of any lawfully issued notice from a court having jurisdiction over cloudtoko, alleging the use of the Services to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, cloudtoko may disclose the User’s identity and contact information, and cloudtoko shall not be liable for damages or results thereof, and Customer agrees not to bring any action or claim against cloudtoko for such disclosure.

Refusal of Service
cloudtoko reserves the right to refuse service to any active or in-active customers for any reason it deems necessary.

Support
cloudtoko provides support to it’s customers. cloudtoko ensures that the service is online and is remotely accessible. cloudtoko also offers technical support for application specific issues.

Customer Duties
Customers will provide and maintain accurate personal and business identifying information, including names, addresses, telephone numbers, and email addresses. Customers will utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins, passwords, verifying the trustworthiness of persons who are entrusted with account access information, and notifying cloudtoko if and when any security breaches involving data hosted or stored at cloudtoko occurs. Customers will make full and timely payment of fees for services as selected pursuant to the terms of service. Customers will provide cloudtoko with accurate information relevant to assessing fees. Customers will comply with the terms of this agreement, including the requirements of the TOS, AUP, NSP and PP.

Disclaimer of Warranties
cloudtoko does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law cloudtoko disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.

Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of cloudtoko and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for one months of service.