Terms of Service
This is an Agreement between Cloudineering, Inc., doing business as(DBA) TrulyWP having an office and place of business at 2035 Sunset Lake Road, Suite B-2, DE 19702, USA, and the entity agreeing to the terms herein (“Participant”, “You”, “you” or “Customer”).
By registering for an account at TrulyWP with your email address you are agreeing to the Terms of Service and all other clauses listed herein. Please read this Terms of Service Agreement carefully, as it contains important information regarding your legal rights and remedies. If you do not wish to accept these terms you can simply deactivate your account and not continue using it.
The Effective Date of these Terms of Service is the date at which you sign up for an account through our online form.
Services:
You shall pay by valid payment method for Hosting Services provided by TrulyWP at the time of signing up at the fee set forth on the TrulyWP’s website. Your monthly payments for the Hosting Services, depending on the plan selected, shall be automatically charged to the valid payment method provided by you at the time of purchase each month.
- If you do not pay the fees by the Due Date, TrulyWP may suspend your ability to use the Services, and may terminate this Terms of Service.
- You agree that all charges and fees associated with an account are your sole responsibility.
- Billing will stop at end of the term during which the service is cancelled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via email.
- Violations of TrulyWP’s Terms of Service may, at TrulyWP’s discretion, result in immediate and permanent disablement without refund.
- isputed charges (“chargebacks”) associated with any TrulyWP account may, at TrulyWP’s discretion, result in immediate and permanent disablement. TrulyWP expressly reserves the right to change the fees charged hereunder for the Hosting Services with advance notice you. If you do not agree to any such pricing change, TrulyWP may cancel the Hosting Services any time, but no refund will be payable from any fees already paid.
- TrulyWP Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from You or TrulyWP Hosting’s server. You agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Orders:In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.”
- The date on which TrulyWP will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term it can be renewed as described in our Renewal Policy.
- You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with TrulyWP.
- If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms “you” or “your” shall refer to such legal entity. In the event that TrulyWP establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.
- You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria. If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
- By submitting an Order for purchase of our Service(s) you agree and expressly authorize us to use all personal data you provide in order to perform compliance and anti-fraud checks. You agree and expressly authorize us to disclose your personal data to third-parties or to obtain information about you from third parties, including but not limited to your credit/debit card number, in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization. Please refer to ourPrivacy policy for further information about how we use your data.
Content and Resources:
You will not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TrulyWP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; i
- ntentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
- TrulyWP Ltd reserves the right to police its network to verify compliance with all agreed upon Terms.
Availability of Website:
In order to purchase and use TrulyWP’s Service(s) you will be required to provide personal data. For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy policy for complete information on what personal data we collect and how we process and disclose it.
Data Processing:
By uploading and storing content on our servers you acknowledge and agree that TrulyWP shall act as a data processor regarding your content.
Trademarks and copyrights:
You shall warrant that you have the right to use the trademarks and copyrights applicable to all content and/or products being made available through the your account.
Intellectual property rights:
You shall obtain any and all necessary consents and clearances to enable lawful use to be made of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name or content on your website.
Third Party Links:
TrulyWP’s site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that TrulyWP has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. TrulyWP shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators.
Liability:
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold TrulyWP, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond TrulyWP’s reasonable control.
Termination:
Upon expiration of the Initial Term, this Agreement will renew for successive Renewal Terms, each equal to the immediately preceding term, unless you notify the us in writing of its intent not to renew no later than 30 days prior to the expiration of the then-current term.
TrulyWP shall have the right to terminate this Terms of Service with an immediate effect in writing to the you if,
- You fail to make any payment when it becomes due,
- You breach of any of its obligations under this Agreement.
TrulyWP may revise these Terms of Service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Service.