To properly access and use “Portal.Cloud9.ge”, please, get acquainted and agree with the present consumers’ agreement

Cloud Nine LLC Website Terms, Conditions and Notices

Following terms, conditions, and notices (hereinafter collectively referred to as the “Consumers’ Agreement” or just the “Agreement”) is executed between the Cloud Nine LLC and consumers (hereinafter: “Customer”) who wish to access, use and acquire Cloud Nine LLC’s services and products.

1. Product Description

Through its websites, mobile properties and related applications (collectively referred to as the “Website”) Cloud9 offers its Customers premium quality services and products (hereinafter: “Products”), including (however, not limited to):

Cloud services;

DevOps services;

IT consulting;

Streaming services;

Mail services;

Colocation services;

CDN (Content Delivery Network) services;

CERT (computer emergency response team) security and decisions for safeguarding from DDoS (distributed denial of service);

Datacenter services;

Planning, arranging and administrating server infrastructure;

Projecting, constructing and organizing datacenters;

2. Terms and Definitions:

For the purposes of the present document terms listed below have the following definitions:

Customer – any legal (including any governmental bodies) or physical person who receives Cloud9’s Products;

Service Fee – A fee that is fixed by Cloud9 on its online portal for the specific Product ordered by the Customer;

Payment Period – Payment date that is fixed by Cloud9 on its online portal by attaching invoice on the Customer’s page (profile);

Hosting – A service for placing Customer’s website on the internet;

Domain Name – A domain name indicated by the Customer through an online application (notice);

Physical Server – A physical server owned by Cloud9 that is leased to the Customer for the latter to administer it at its (Customer’s) own discretion;

Server – A computer that is placed in the colocation area;

Virtual Server – A virtual engine assigned to Cloud9’s physical server that uses some of the physical server’s resources, such as space, memory (RAM) and processor. Such servers are administered by the Customer;

Colocation Area – Datacenter of Cloud9 that is organized per “Tier 3” standards and where Customer’s server(s) and other additional devices are placed.

3. Use of the Website:

The following Website and the Products made available on this Website are offered to Customers, conditioned upon their acceptance (without modification) of any and all the terms, conditions, and notices set forth below. By accessing or using this Website in any manner, Customer agrees to be bound by it and represents that Customer has read and understood its terms. In all purchase/order arrangements, the person making the order shall be deemed to have accepted this Agreement on behalf of the persons named in the order.

We may change or otherwise modify the Agreement in the future, and Customer understands and agrees that continued access or use of this Website, after such change, signifies Customer’s acceptance of the updated or modified Agreement. We will display the date of the last revisions to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our registered members about material changes to this Agreement by either sending a notice to the email address provided to us at the moment of registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

As a condition of Customer’s use of this Website, Customer warrants that:

(i)all information supplied by Customer on this Website is true, accurate, current and complete;

(ii)if Customer has a Cloud9 account, the former will safeguard the account information and will supervise and be completely responsible for any use of Customer’s account by anyone other than the Customer;

(iii)Customer realizes and understands that in case Customer fails to keep account information safe and secret, and it will result in an authorized access of the account by third parties – only the Customer shall bear the responsibility/liability for the consequences caused by such access. Cloud9 shall have no liability towards such cases;

(iv)He/she is at least 18 years of age in order to register an account and contribute to our Website. Cloud9 does not knowingly collect the information of anyone under the age of 18;

(v)Customer’s use of this Website is intended for making legitimate orders to purchase the Products offered. Customer agrees not to use this Website to make any speculative, false or fraudulent requests.

Furthermore, as a condition of Customer’s use of this Website and our Products, Customer is obliged to:

(i)Duly pay the price for ordered Products.

(ii)Create necessary conditions for the Cloud9 to duly perform its obligations (provide correct billing information, address, etc.);

(iii)Reference the correct invoice number during payment.

While providing its Products, Cloud9 is obliged to:

(i)Provide 24/7 monitoring and support of its services through the following email – support@cloud9.ge

(ii)Secure continuous provision of its services and products for 24/7, except from the cases when Cloud9 is carrying out maintenance or any similar line of work (in such cases, Cloud9 will place a notification on its Website 3 (three) days earlier).

While providing hosting and physical/virtual server services, Cloud9 is authorized to:

(i)Stop providing services in case the customer exceeds the payment deadline by 1 (one) day,;

(ii)In case if the Customer has debts towards Cloud9 (Cloud9’s portal shows unpaid invoices), the latter is authorized to count Customer’s payment (regardless of which invoice is covered with such payment) towards covering past debts.

(iii)To restrict and / or suspend the provision of services to the Customer in case of violation of the terms of this Agreement by the Customer and / or on the basis of a relevant court decision;

(iv)While providing hosting services, Cloud9 is authorized to suspend the provision of the services to the Customer in case if such provision to the latter is delaying functionality of other websites that are placed on the same hosting.

(v)To restrict and / or suspend customer service on the basis of an official letter received from copyright protection organizations and / or the copyright companies themselves on the fact of illegal use of their copyrighted product;

(vi)Delete Customer’s files from its server In case if the latter fails to pay the service fee(s) for longer than 1 (one) month;

(vii)Demand 3 (three) months’ worth of advance payment from the Customer in exchange for renewal of the provision of Products that have been suspended for the mentioned Customer;

For the purposes of providing colocation services:

(A)Customer is authorized to:

(a)by obtaining prior consent from support@cloud9.ge, grant Customer’s representative(s) access to the colocation area (no more than 3 (three) persons/representatives are allowed at the area for each Customer and not longer than 60 minutes per visit);

(b)Request access to the colocation area no more than 6 (six) times per calendar month;

(c)Request reloading of the server during any hour of any day, by sending notification on support@cloud9.ge

(B) Customer is obliged to:

(a) When requesting Customer’s representatives’ allowance at the colocation area, indicate their names, surnames, ID numbers and exact time of their visit in the notification sent at support@cloud9.ge;

(b) To comply with the rules of conduct established by the company when being in the Cloud9 data center.

(c) Not share advertisements, information or other content with other customers/third parties via electronic addresses, as well as available public electronic publishers and conferences (that are not intended for said purposes) without obtaining the prior consent of the addressees;

(d) Not to access (or attempt to access) technological components (aggregates), databases and other internet components without authorization.

(C) Cloud9 is authorized to:

(a) Carry out planned technical maintenance that lasts no longer than 12 (twelve) hours;

(b) Refuse Customer’s request on accessing colocation area in case if the proposed time matches the time of planned technical maintenance or other similar work;

(c) Refuse Customer’s request on moving the latter’s servers from colocation area, in case if the Customer does not cover his/her/its debt towards Cloud9 beforehand.

4. Terms and Conditions for Providing Domain Registration Services:

By registering domain name Customer obtains limited, transferable, renewable and exclusive usage rights of the domain for the period and in accordance with the terms specified in the present Agreement and in the rules of domain registration and administration.

Before registering “.ge” zone domain, Customer is obliged to view, get acquainted with and fulfill the rules of domain registration and administration, and relevant instructions that are available for view at www.nic.ge or „რეგისტრაცია.გე“.

Customer bears the responsibility for a mistake made while registering a domain name. Therefore, in such cases, paid fees shall not be refunded after the domain’s activation.

5. Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, graphics, video, maps, icons, software, code or other material), as well as the infrastructure, used to provide such content and information, is proprietary to us. Customer agrees not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. Any other use of Cloud9’s content requires the prior written permission of the Company.

Additionally, Customer agrees not to assist or enable others to:

(i)use this Website or its contents for any commercial or unlawful purpose;

(ii)access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our expressed written permission;

(iii)violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv)take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

(v)deep-link to any portion of this Website for any purpose without our express written permission;

(vi)"frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;

(vii)attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Cloud9 in connection with the Website;

(viii)use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;

(ix)use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

(x)use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

(xi)use the Website to promote bigotry or discrimination against protected classes; use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(xii)use the Website to submit or transmit pornography or illegal content, use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;

(xiii)attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

(xiv)use any device, software or routine that interferes with the proper functionality of the Website, or otherwise attempt to interfere with the proper working of the Website;

(xv)use the Website to violate the security of any computer network, crack passwords or security encryption codes;

(xvi)disrupt or interfere with the security of, or otherwise cause harm to the Website; or

(xvii)remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations to the use of the Website.

Customer is also prohibited from carrying out activities listed above.

6. Products:

By ordering/purchasing our Products through the Website, Customer acknowledges that he/she accepts the practices described in our Privacy Policy and this Agreement. In addition, Customer warrants to be 18 years of age or older and that Customer possesses the legal authority to enter into this Agreement, use this Website, order the Product, and that all information Customer provides is true and accurate. Customer further agrees to use the purchase functions of this Website to make only legitimate orders for Customer or others on behalf of whom Customer is legally authorized to act. Any false or fraudulent orders are prohibited, and any user who attempts such action may have their account terminated.

7. Modifications & Amendments:

Occasionally, prices, coverage, age requirements, and other Product features and/or requirements may change. As a result, Cloud9 reserves the right to cancel, change or substitute any service or product that Customer has booked for the future purchase at this Website, at any time, for any reason. In such cases, if the Customer is dissatisfied with the alternatives offered, Customer is entitled to a full refund of the original purchase price. Notwithstanding the above, when such changes take effect, we will make every reasonable effort to notify the Consumer, in order to amend or re-issue the order where feasible.

8. Pricing & Inclusions/Exclusions:

Prices listed on the Website are per Product, unless otherwise specified.

Prices are based on the local tariff at the time of placing an order, converted at the prevailing foreign-exchange rate as determined by Cloud9.

Price quotations are subject to change without notice, until an order has been confirmed.

Unless otherwise specified, prices do not include any local taxes or use-fees.

9. Payments & Cancellations:

When Customer orders our Product through the Website, Cloud9 collects Customer’s payment information. Cloud9 accepts the following credit/debit cards: MasterCard, Visa, American Express and PayPal.

No refunds are available once a Product is ordered.

The value of the transaction may be subject to taxes, duties, foreign transactions, currency exchange or other fees. Customer’s bank or credit/debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Websites, and the final amount charged to customer’s bank account or credit/debit card statement. Please, contact Customer’s bank or credit/debit card company in case of having any questions concerning any applicable conversion or fees.

10. Our Liability:

THIS SECTION LIMITS CLOUD9’S LIABILITY TO CUSTOMERS FOR ISSUES THAT MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THIS WEBSITE. THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. CLOUD NINE LLC, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "CLOUD9 GROUP COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, CLOUD9 EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING ORDERS MADE UNDER AN INCORRECT PRICE. THE CLOUD9 MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE CLOUD9 GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (UNLESS OTHERWISE SPECIFIED). THE CLOUD9 GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLOUD9 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW. THE THIRD PARTY SUPPLIERS AND PRIVATE PROVIDERS PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE CLOUD9. CLOUD9 IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR PRIVATE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM CUSTOMER’S ORDER OF A PRODUCT OR SERVICE OR CUSTOMER’S USE OF A PRODUCT OR SERVICE. CLOUD9 SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUNDS IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE-MAJEURE OR OTHER CAUSES THAT ARE BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTINGS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL THE CLOUD9 (OR THEIR OFFICERS, DIRECTORS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH PRODUCT OR SERVICE ORDERS MADE BY THE CUSTOMER THROUGH THIS WEBSITE, OR CUSTOMER’S ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF CLOUD9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. General Provisions:

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall remain in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customers and Cloud Nine LLC with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and Cloud Nine LLC with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Requisites of Cloud Nine LLC:

Company’s legal name: Cloud Nine LLC;

Identification / tax code: 405063755;

Legal Address: Georgia, Tbilisi, Sh. Nutsubidze str., IV m/d’s continuation (land plot #7);

Phone Number: +995 032 242 40 02;

E-mail Address: contact@cloud9.ge or support@cloud9.ge

Bank Account: JSC “TBC Bank” – GE59TB7050436080100004.

In case you are not agree with terms and conditions, just confirm it, by click on the button "I do not agree" and contact us on email: support@cloud9.ge for reaching an agreement.