Terms of Service

1. Acceptance of Terms

By accessing or using AtRiskCloud services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and AtRiskCloud, Inc. ("AtRiskCloud," "we," "us," or "our"). Your use of our Services is also governed by our Privacy Policy and Acceptable Use Policy, which are incorporated by reference.

2. Definitions

• "Services" means all cloud hosting, server, storage, and related services provided by AtRiskCloud
• "Customer" or "You" means the individual or entity that has entered into this agreement
• "Content" means all data, files, applications, and other materials stored or transmitted through our Services
• "Account" means your AtRiskCloud customer account and associated login credentials
• "Subscription" means your paid plan for accessing our Services
• "Infrastructure" means the servers, networks, and facilities used to provide our Services
• "SLA" means our Service Level Agreement guaranteeing specific uptime and performance standards

3. Description of Services

3.1 Service Offerings

AtRiskCloud provides cloud hosting services including but not limited to:

• Web hosting and shared hosting services
• Virtual Private Servers (VPS)
• Dedicated root servers
• Cloud storage solutions
• Content delivery network (CDN) services
• Backup and disaster recovery services
• Technical support and monitoring

3.2 Service Availability

We strive to maintain 99.99% uptime for our Services as outlined in our SLA. However, Services may be temporarily unavailable due to maintenance, upgrades, or circumstances beyond our control.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to customers. We will provide at least 30 days' notice for material changes that affect existing subscriptions.

4. User Accounts and Registration

4.1 Account Creation

To access our Services, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Keeping your account information current and accurate

4.2 Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to create an account. If you are creating an account on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4.3 Account Security

You agree to use strong passwords and enable two-factor authentication where available. AtRiskCloud is not liable for any losses resulting from unauthorized access to your account due to inadequate security measures on your part.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services for lawful business and personal purposes in compliance with all applicable laws and regulations.

5.2 Prohibited Activities

You agree not to use our Services for:

• Illegal activities or content that violates any law or regulation
• Spamming, phishing, or other malicious communications
• Hosting or distributing malware, viruses, or harmful code
• Copyright infringement or intellectual property violations
• Adult content, gambling, or illegal drug-related activities
• Activities that could harm our infrastructure or other customers
• Cryptocurrency mining without explicit written permission
• Proxy or VPN services for circumventing geographical restrictions
• High-frequency trading or time-sensitive financial applications
• Storing or transmitting personal data in violation of privacy laws

5.3 Resource Usage

You agree to use resources reasonably and in accordance with your subscription limits. Excessive resource usage that affects other customers may result in account suspension or additional charges.

6. Payment Terms and Billing

6.1 Subscription Fees

You agree to pay all fees associated with your chosen subscription plan. Fees are billed in advance and are non-refundable except as explicitly stated in our refund policy.

6.2 Payment Methods

We accept major credit cards, PayPal, and other payment methods as displayed during checkout. You authorize us to charge your payment method for all applicable fees.

6.3 Billing Cycles

• Monthly subscriptions are billed every 30 days
• Annual subscriptions are billed every 365 days
• Usage-based services are billed monthly in arrears
• Setup fees and one-time charges are billed immediately

6.4 Late Payments

Past due accounts may be suspended after 7 days. A 1.5% monthly service charge may be applied to overdue balances. Accounts suspended for non-payment may be terminated after 30 days.

6.5 Refund Policy

We offer a 30-day money-back guarantee for new customers on their first subscription purchase. Refunds are not available for:

• Renewal payments
• Add-on services
• Accounts terminated for policy violations
• Domain registration or SSL certificate fees

6.6 Price Changes

We may change our pricing with 30 days' written notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals.

7. Data and Privacy

7.1 Your Data

You retain full ownership of all content and data you store on our Services. We do not claim ownership rights to your data and will not access it except as necessary to provide Services or as required by law.

7.2 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and multi-factor authentication
• 24/7 monitoring and incident response

7.3 Data Backup

While we maintain regular backups of our infrastructure, you are responsible for maintaining your own backups of your data. We recommend implementing a comprehensive backup strategy for critical data.

7.4 Privacy Compliance

Our data handling practices are governed by our Privacy Policy. We comply with applicable privacy laws including GDPR, CCPA, and other relevant regulations.

8. Service Level Agreement (SLA)

8.1 Uptime Guarantee

We guarantee 99.99% uptime for our Services, calculated monthly. If we fail to meet this standard, you may be eligible for service credits as outlined below.

8.2 Service Credits

• 99.9% - 99.98% uptime: 5% service credit
• 99.5% - 99.89% uptime: 10% service credit
• Below 99.5% uptime: 25% service credit

8.3 SLA Exclusions

This SLA does not apply to downtime caused by:

• Scheduled maintenance (with 24-hour notice)
• Customer-initiated actions or configurations
• Internet connectivity issues beyond our control
• Force majeure events
• Suspension due to policy violations

8.4 Claiming Credits

Service credits must be requested within 30 days of the incident. Credits are applied to future bills and cannot be refunded as cash.

9. Intellectual Property

9.1 Our Intellectual Property

AtRiskCloud retains all rights to our technology, software, trademarks, and proprietary systems. You may not:

• Reverse engineer or attempt to extract source code
• Remove or modify any proprietary notices
• Use our trademarks without written permission
• Copy or reproduce our software or documentation

9.2 Your Content

You represent that you have all necessary rights to the content you store on our Services and that it does not infringe on third-party intellectual property rights.

9.3 DMCA Compliance

We respond to valid DMCA takedown notices in accordance with the Digital Millennium Copyright Act. Repeat copyright infringers may have their accounts terminated.

10. Termination and Suspension

10.1 Termination by You

You may terminate your account at any time through your control panel or by contacting support. Termination does not relieve you of payment obligations for services already provided.

10.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account becomes past due
• We receive a valid legal order requiring termination
• Continued service would pose a security risk

10.3 Data Retention After Termination

Upon termination, we will retain your data for 30 days to allow for data retrieval. After this period, data may be permanently deleted and cannot be recovered.

11. Limitation of Liability

11.1 Service Limitations

Our Services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

11.2 Liability Cap

In no event shall AtRiskCloud's total liability exceed the amount you paid for Services in the 12 months preceding the claim. This limitation applies regardless of the theory of liability.

11.3 Excluded Damages

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss not caused by our gross negligence
• Third-party claims or actions
• Costs of substitute services

12. Indemnification

You agree to indemnify and hold AtRiskCloud harmless from any claims, damages, or expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your content or data
• Your violation of third-party rights
• Your negligent or wrongful conduct

13. Force Majeure

Neither party shall be liable for delays or failures caused by circumstances beyond their reasonable control, including:

• Natural disasters
• Government actions or regulations
• Internet backbone failures
• Terrorist attacks or war
• Pandemics or public health emergencies
• Labor strikes or disputes

14. Modifications to Terms

We may modify these Terms at any time by posting updated terms on our website. Material changes will be communicated via email or account notifications at least 30 days before taking effect.

Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms. If you disagree with changes, you may terminate your account.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in Denver, Colorado.

15.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class arbitrations.

16. Contact Information

For questions about these Terms of Service, please contact us: