Cloud Terms

Last Updated: December 2020

In plain English: We provide hosted Elementor services for clients who purchase a subscription. If you operate a website using our hosted service, you need to operate it legally, post only appropriate content, and avoid abusing our services.

 

Cloud Services

In plain English: Your hosted service is limited, you can only access the WordPress and Elementor administration panel, and not the servers. We may put a cap on storage and/or bandwidth and/or CPU.

 

We offer cloud hosted services for Elementor based websites, that come pre-installed with WordPress and Elementor. Your hosted service includes your right to use these services, however, you are not a licensee of the software that we provide you access to. 

We do not provide full access to the server, but only a limited web-based access. If you need a more hands-on service, we recommend you approach one of our Elementor Experts.

The hosted services provide a limited storage cap and/or limited bandwidth and/or limited CPU, as provided in our documentation, and are meant for bona-fide use of the website.Exceeding from such limited storage may incur additional costs.

 

Traffic

In plain English: We may put a cap on traffic, and block certain traffic.

 

Your subscription offers limited bandwidth and traffic, and is not meant to serve as a content delivery network. We provide limited service, with service caps. 

We may suspend any account, subscription or website if it deviates from our service cap, or collect a surcharge according to our then-applicable rates.

We moreover require that files hosted on the website will not be deep-linked, and that you will not use the website as a storage service.

We do not allow storage of files larger than a certain threshold, and if we believe a file is used as a part of a file sharing scheme, we may disable access to it.

 

Our Responsibilities

In plain English: We provide limited hosted and technical support.

We provide the Cloud Service, including technical support, as described in each Offer Description. We may enhance and refine the Cloud Service provided we do not materially reduce its core functionality. From time to time, we may perform scheduled maintenance to update the servers and software used to provide the Cloud Service. You acknowledge that we may, in certain situations, need to perform emergency maintenance of the Cloud Service without providing advance notice to You, during which time, we may temporarily suspend Your access to and use of the Cloud Service.

We may provide you with support services using our access tokens that you will grant us via tools and software that are integrated in the service. 

 

Service Level

In plain English: We warrant that our Services will be operational most of the time.

 

We will make any effort to ensure that the Cloud Services are performed in a professional manner with industry standards reasonably applicable to such Services. 

We strive for the Services to be operational at least 99.9% of the time in any given month during the terms of this Agreement, i.e. that downtime percentage will be no more than 0.1%. 

Storing Third Party Code

In plain English: We allow you to run some external plugins, but may refuse any plugin for any purpose.

 

We allow you to store and run third party code as long as it adheres to our Acceptable Use Policy in our Terms of Service, and as long as it does not create excessive server use and harms our user experience. 

We may disable any third party code at any time and without prior notice.

We may also allow you to use some selected third party plugins using your hosted account. These plugins are neither endorsed by us nor affiliated with us, and we assume no responsibility for their functionality. 

Our offering includes an installed WordPress website, with the Elementor plugins installed. However, in order to allow functionality, this also includes several first party and third-party code to provide services and collect data; the removal of such pre-installed software is prohibited, even if technically possible.

Storing Third Party Content

In plain English: Take responsibility for the content you upload to our services.

 

If you decide to upload, embed, display or otherwise make available to the public any third party content, you need to ensure that you have the right permission and license to do so and that such content does not harm any third party or is in violation of any law. We cannot inspect, nor do we assume responsibility, for such action.

Please note that any content displayed on your website is your responsibility, and you will be the party facing legal action if it was found in violation of this policy.

 

User Generated Content

In plain English: You are responsible for your user generated content; please set a policy for user generated content.

 

Your website may contain user generated content; meaning website comments, reviews, posts or forum entries. Please create a policy for your end-users that deals with such content according to the applicable laws, and ensure in such policy that we are exempt from any liability.

Your Content

In plain English: Our content policy applies; please read it. Don’t post illegal content, offensive content or other content that is in violation of any person’s rights.

 

The statements in our Submission Policy applies to all content in your website. 

By using our Services you provide us with information, files, and folders that you submit to us (together, “your uploads”). You retain full ownership to your uploads. We do not claim any ownership to any of it. These Terms do not grant us any rights to your uploads or intellectual property except for the limited purpose of operating, promoting and improving our Services and to develop new ones. 

We prohibit the use of software or scripts running on our servers that may cause the server to load beyond a reasonable level, as we may determine from time to time

You also acknowledge and agree that we reserve the right to remove sites, temporarily or permanently, if you are in violation of these Terms or if your site’s content may deem as harassing,  abusive, racist, offensive, deceptive, encouraging criminal or harmful conduct, libelous, incendiary, obscene or otherwise violates any third party’s rights. 

Backups

In plain English: Backups are a feature, but we may not be able to use them. Back the material by yourself.

 

We create snapshot backups of the services at dedicated times and keep these backups safe and secure. However, we cannot warrant that we will be able to restore your website and content at all times. Therefore, it is your sole responsibility to create your own backups for your website.

 

SSL Certificates

In plain English: SSL is not super-secure, and our certificates are temporary.

 

We may offer SSL certificates for your websites, which are based on third party certificate service. Such certificates do not mean we inspected ownership of your website and domain-name, nor do they mean that we validated such a domain’s adherence with any practices.

Such certificates may be revoked at any time, either by us or by the third party provider, for any reason.

 

Domains

In plain English: respect others’ rights; only buy domains that you can legally use.

 

We may offer you to purchase domain names using our service, either by our own services or by a third party service. In such a case, your purchase of domain names will be in accordance with the applicable laws and policies, and shall not infringe on any third party’s rights or applicable state laws.

Privacy

In plain English: Please add a Privacy Policy to your website; tell your users about our analytics services.

Our use of your data is subject to Data Processing Agreement and we may use third party sub-processors according to our published list, as updated from time to time. 

It is your own responsibility to present your users and website visitors with the required information to ensure their data rights, including privacy and cookie notices. 

Please add to any statement the fact that you use our services, and that we use both our own and third party analytics services, as detailed in our Privacy Policy. Please ensure that your website visitors acknowledge our use, and that you understand that we may use the visitor data in accordance with our privacy policy. Please ensure your visitors are aware of the location and processing methods and are given a full and complete list of subprocesses.

 

Termination

In plain English: We may suspend you for breaking the rules, and we may stop the service at any time.

 

We may suspend the operation of this service at any time, and with or without prior notice.

We may also suspend or terminate your account if you are in violation of our Terms of Service, including any part thereof. Please note that non-payment may also result in your website suspension, and that in such case, you may lose access to all your content.

We may provide a grace period following a breach of these terms or a non-payment; this period shall be at our sole discretion.

Following termination of the Cloud Services, we may provide you with an option to download some contents and components of your Content, provided that we’re not prohibited under law from doing so. Following that grace period, we may promptly remove all your data. For the avoidance of doubt, we will not transfer your website or server content to another provider.

Refunds

You can cancel your subscription at any time, and you will continue to have access to our hosted Services through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods. If you cancel your subscription, your account will automatically close at the end of your current billing period.  

Evaluation Period

We may offer trial periods that offer limited usage and functionality, for a limited period of time, and for evaluation purposes. In such a case, following the evaluation period, we may terminate, suspend or limit your account.