Copyright 2018 CloudHost. All rights reserved. All documents and information on any CloudHost website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of CloudHost.
Nothing on any CloudHost website shall be construed as conferring any license under any of CloudHost's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise
CloudHost shall not be responsible for any errors or omissions contained on any CloudHost website, and reserves the right to make changes anytime without notice. Mention of non- CloudHost products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by CloudHost. All CloudHost and third-party information provided on any CloudHost website is provided on an "as is" basis.
CLOUDHOST DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY CLOUDHOST WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall CloudHost be liable for any damages whatsoever, and in particular CloudHost shall not be liable for any direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any CloudHost website, any CloudHost product or service. This includes damages arising from use of or in reliance on the documents or information present on any CloudHost website (including any information posted or placed by anyone other than CloudHost), even if CloudHost has been advised of the possibility of such damages.
Any feedback information provided to CloudHost in connection with any CloudHost website shall be provided by the submitter and received by CloudHost on a non-confidential basis. Such information shall be considered non-confidential and property of CloudHost. By submitting any feedback information to CloudHost you agree to a no-charge assignment to CloudHost of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. CloudHost shall be free to use such information on an unrestricted basis.
CloudHost prohibits the use of the CloudHost logo as a "hot" link to any CloudHost website unless the establishment of such a link is approved by CloudHost. CloudHost websites may contain links to third-party sites. Access to any website linked to any CloudHost website is not the responsibility of CloudHost and CloudHost is not responsible for the accuracy, or reliability of any content on such websites. Further, the presence of a link to a third-party site does not mean that CloudHost endorses that site, its products, or views expressed there. CloudHost provides these links merely for convenience and the presence of such third-party links are not an endorsement or recommendation by CloudHost.
The opinions and interests expressed on CloudHost employee blogs and/or social media are the employees' own, and do not necessarily represent, CloudHost's positions, strategies or views. CloudHost makes no representation or warranties about employee blogs and social media accounts, including the accuracy or reliability thereof. When you access employee blogs and social media accounts, even though they may contain the CloudHost logo and content regarding CloudHost products and services, such media are independent of CloudHost. CloudHost does not control their content or operation. In addition, a link to a blog or social media account by CloudHost does not mean that CloudHost endorses that blog/account or has responsibility for its content or use.
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. CloudHost may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Attn: IP Legal Department - Copyrights
508 Damac Business Tower, Al Abraj Street, Business Bay, Dubai 30125
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
This CloudHost website is controlled by CloudHost from its offices in Dubai in the United Arab Emirates. All matters relating to your access to, or use of any CloudHost website shall be governed by UAE law or the laws of the Dubai Courts. Any legal action or proceeding relating to your access to or use of any CloudHost website shall be instituted in Dubai Courts. You and CloudHost agree to submit to the jurisdiction of, and agree that venue is proper in these courts.
You may not access, download, use, or export information (including any software, products or services) contained on this CloudHost website in violation of any applicable laws or regulations.
Last updated in May 2019.
“Customer” means a legal entity with whom CloudHost has an agreement to provide the Services. For clarity, a Customer may be a Controller or a Processor of Personal Data. Where a Customer is a Processor of Personal Data, CloudHost shall process Personal Data as sub- processor on behalf of the Controller. Instructions from the Controller regarding the processing Personal Data shall be given through the Processor.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”).
“Processing/To Process/Processed” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
“Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
“Service Data” means all data provided to CloudHost, placed on CloudHost’s servers, or used, posted, stored or otherwise transferred or transmitted in connection with the Services, including text, sound, video or image file, material, product, content, IP address and similar address, recording, message, software, Account Information, account-related setting, and which may include, without limitation, Personal Data.
“Third Party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the Controller or Processor, are authorized to process Personal Data.
Customers of our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations, relating to the collection of personal data in connection with the use of our Services by Data Subjects with whom our Customers interact. If you are an individual who interacts with a Customer using our Services, then you will be directed to contact our Customer for assistance with any requests or questions relating to your personal data.
We collect information under the direction of our Customers, and have no direct relationship with individuals whose personal data we process in connection with our Customers’ use of our Services. If you are an individual who interacts with a Customer using our Services (such as an employee of one of our Customers) and would either like to amend your contact information or no longer wish to be contacted by CloudHost, please contact the Customer that you interact with directly.
CloudHost may Process Personal Data about Data Subject for the purposes of account creation, billing, usage tracking, and on behalf Customer to provide the Services. Data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, is not Personal Data and is not addressed by this document.Types of Personal Data
We may collect first and last name, email address, postal address, phone number and other similar contact data about Customer’s authorized employees, consultant or independent contractors.
We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
We collect passwords, password hints and similar security information used for authentication and account access.
CloudHost servers automatically record some information when Services are used, including information sent by browsers or mobile apps. CloudHost may collect information about the devices Services are being used on, including what type of device it is, operating systems, device settings, application IDs, unique device identifiers, and crash data.
Cookies and other Tracking Technologies
Whenever a Customer or any Account Users interact with the Portal, CloudHost automatically receives and records information from the browser, which may include IP address, “cookie” information, the type of browser and device being used to access the Portal, screen resolution and browser language. “Cookies” are identifiers CloudHost transfers to the browser or device of the Account User that allow CloudHost to recognize the Account User and their browser or device along with how our Portal is being utilized. When CloudHost collects this information, CloudHost only uses this data in aggregate form, and not in a manner that would identify the Account User personally. For example, this aggregate data can tell CloudHost how often users use a particular feature of the Portal, and CloudHost can use that knowledge to improve the Services. We also use an application session recording solution to record the Account Users’ use of the Portal and we may link such recordings to the Account User and the Customer Account to optimize our support services and better resolve technical problems. Such recordings are only used to provide technical support services under the Agreement.
CloudHost monitors and records calls to or from CloudHost regarding the Services, including Technical Support and account managers, for training, support, and quality control purposes.
We process content of Customer’s files and communications when necessary to provide the Services. For example, if you receive an email using Hosted Exchange, we need to collect the content of that email to deliver it to your inbox, display it to you, enable you to reply to it and store it for you until you choose to delete it. Other data we collect to provide Services to Customer include the following:
Text or other content of a file or data Customer places on CloudHost’s servers, or uses, posts, stores or otherwise transfers or transmits in connection with the Services.
Voluntary Customer Surveys
We may periodically conduct both business and individual customer surveys. We encourage our Customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Personal Data and responses submitted through these surveys will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our Services to you, and to develop new services and products. This data can be share on an aggregate and anonymous basis with third parties.
CloudHost processes the Personal Data outlined above for the following purposes:
This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified. It is no longer associated with an identifiable user or Customer of the Services and is therefore not Personal Data.
With regard to the Services and Service Data, CloudHost acts as a Processor on behalf of Customers. Customers have primary responsibility for interacting with Data Subjects, and the role of CloudHost is generally limited to assisting Customers as needed. CloudHost processes Service Data only upon a Customer’s instruction and shall have a duty to respect the security and confidentiality of Personal Data, pursuant to the measures outlined in agreements with Customers and as required by applicable law.
CloudHost takes security seriously. We take various steps to protect Customer’s Service Data from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Service Data, and the current state of technology.
In addition to maintaining security, the information security team also monitors known incidents and patches as well as results from vulnerability assessments; it makes changes to policies and procedures as needed following an approval process. Such changes can include the reassessment of risk, changes to incident response plans, and the verification of responsibilities for authorizing and monitoring accesses. Changes are reviewed and communicated during weekly change maintenance meetings or through system alerts. CloudHost implements and maintains a variety of technical and organizational security measures to protect Customer’s Service Data from loss, misuse, and unauthorized access or disclosure, including the following:
Personal Data Breach Notification
In the event that CloudHost becomes aware of any of Security Incidents involving Personal Data, CloudHost will promptly notify affected Customers to the extent such notification is permitted by applicable law. “Security Incidents” are defined as (1) the actual unauthorized access to or use of unencrypted Personal Data by an unaffiliated third party, or (2) loss, theft, or unauthorized disclosure or manipulation of unencrypted Personal Data that has the potential to cause harm to Customer’s systems, employees, information or the Customer’s brand name (i.e., potential breach).
Notification shall take the form of an email to the designated Customer Account Contact(s) and shall include at a minimum, (a) problem statement or description, (2) expected resolution time (if known), and (b) the name and phone number of the CloudHost representative that Customer may contact to obtain updates.
CloudHost agrees to keep Customer informed of progress and actions taken to resolve the Security Incident. Unless such disclosure or notification is mandated by law, Customer, in its sole discretion, will determine whether to provide explicit notification to Customer’s customers or employees concerning Security Incidents involving Personal Data. CloudHost reserves the right, in its sole discretion, to notify pertinent government authorities of such incidents, such as those involving criminal acts.
CloudHost undertakes to be transparent regarding its Personal Data processing activities and to provide Customers with reasonable cooperation to help facilitate their respective data protection obligations regarding Personal Data.
Upon a Customer’s request, and subject to appropriate confidentiality obligations, CloudHost shall make available to the Customer (or such Customer’s independent, third-party auditor) information regarding CloudHost processing activities affecting Customer.
This section discusses how CloudHost may share Personal Data with third-parties in the context of the Services.
Sub-processing by Third Parties
CloudHost may retain third party sub-processors, and depending on the location of the third- party sub-processor, processing of Personal Data by such sub-processors may involve transfers of Personal Data. Such third-party sub-processors shall process Personal Data only in accordance with the Customer’s instructions set forth in the Customer’s contract with CloudHost.
Such third-party sub-processors have entered into written agreements with CloudHost in accordance with the applicable requirements. CloudHost maintains an up-to-date list of the names and locations of all third-party sub-processors engaged in processing Personal Data, including a description of their processing activities, which is available upon request by contacting privacy@Cloudhostintl.com.
Compliance with Laws
CloudHost may share or disclose data to comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal processes.
Enforcing Our Rights, Preventing Fraud, and Safety
CloudHost may share or disclose data to protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigation and preventing fraud.
Changes to our Business Structure
CloudHost may share or disclose data if we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of CloudHost’s assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
The Service Data is hosted on CloudHost’s servers located in data centers in the United States and Canada. Default location is based on Customer location and can be modified by Customer once the Services are provisioned, subject to applicable fees.
We will retain Personal Data for as long as Customer maintains an Account for our Services, or as needed to provide Customer with our Services, comply with our legal obligations, resolve disputes and enforce our agreements. If we have no ongoing legitimate business need to process or retain Personal Data, we will either delete or anonymize it, or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store y and isolate it from any further processing until deletion is possible.
CloudHost acts as a data Processor on behalf of Customers. Customers have primary responsibility for interacting with Data Subjects, and the role of CloudHost is generally limited to assisting Customers as needed.
Access, Correction, Amendment or Deletion Requests
CloudHost shall promptly notify a Customer if CloudHost receives a request from a Data Subject for access to, correction, amendment or deletion of that person’s Personal Data. CloudHost shall not respond to any such Data Subject request without the Customer’s prior written consent except to confirm that the request relates to that Customer.
CloudHost shall provide Customers with cooperation and assistance in a reasonable period of time and to the extent reasonably possible in relation to any request regarding Personal Data to the extent Customers do not have access to such Personal Data through their respective uses of the Services.
Customers may update or change their Account Information by editing their profile or organization record directly on the Portal.
If you are a Customer or otherwise provide us with personal data in connection with your use of our Services, we will delete this information upon your request, provided that, notwithstanding such request, this information may be retained for as long as you maintain an Account for our Services, or as needed to provide you with our Services, comply with our legal obligations, resolve disputes and enforce our agreements.
Regulatory Enquiries and Complaints
CloudHost shall, to the extent legally permitted, promptly notify a Customer if it receives an enquiry or complaint from a data protection authority in which that Customer is specifically named. Upon a Customer’s request, CloudHost shall provide the Customer with cooperation and assistance in relation to any regulatory inquiry or complaint involving CloudHost’s processing of Personal Data.
In certain situations, CloudHost may be required to disclose Service Data in response to lawful requests by public authorities, to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. CloudHost may also share such information with relevant law enforcement agencies or public authorities if we believe same to be necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Master Subscription Agreement, or as otherwise required by law.
We may change this statement from time to time, and if we do we will post any changes on this page. If you continue to use the Services after those changes are in effect, you agree to the revised policy.
Please feel free to contact us if you have any questions about CloudHost’s Privacy commitments or practices. You may contact us at t email@example.com or at our mailing address below:
Attn: Compliance Manager
508 Damac Business Tower,
Al Abraj Street, Business Bay, Dubai 30125. UAE
Last updated January 2019
This privacy notice (“Privacy Notice”) sets out how CloudHost Technology (“CloudHost” or “We”) uses and protects any personal data that you give CloudHost when you use this website. For information on how personal data is processed by CloudHost when you use our Services, please consult the Service Data Privacy Statement.
If your legal entity has an agreement with CloudHost to provide the Services (“Customer”), this Privacy Notice is incorporated by reference in your Master Service Agreement (“MSA”). Your use of Services under the MSA is subject to this Privacy Notice. Unless otherwise defined in the Privacy Notice or the Service Data Privacy Statement, capitalized terms have the meaning given in the MSA.
CloudHost is committed to ensuring that your privacy is protected. Should we ask you to provide certain personal data by which you can be identified when using this website, you can be assured that it will only be used in accordance with this Privacy Notice.
CloudHost may change this Privacy Notice from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
With the exception of Account Information and other information we collect in connection with your registration or authentication into our Services, this Privacy Notice does not apply to our security and privacy practices in connection with your access to and use of CloudHost Services. These security and privacy practices are detailed in and governed by our Service Data Privacy Statement . and our Master Service Agreement , available here, or such other applicable agreement between you and CloudHost relating to your access to and use of such Services (collectively referred to as the “MSA”).
Customers are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Customers during the registration process is used to manage the Customers’ Account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where CloudHost and a Partner (as defined in the Partner Master Service Agreement) jointly promote the Services, CloudHost may provide the Partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal data may not be used by the Partner for any other purpose. CloudHost may also generate non-identifying and aggregate profiles from personal data Customers provide during registration (such as the total number, but not the names, of Customers). As explained in more detail below, we may use this aggregated and non-identifying information to sell ads that appear on our website or other sites.
We collect personal data that you voluntarily provide us through the website, for example when you request a free trial or demo, request information about our products or services, register for a webinar, contact us, subscribe to our email newsletter, download content (e.g. whitepapers).
We gather certain information and store it in log files when you interact with our website. This information may include internet protocol (IP) addresses, browser type, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, and system configuration information. Occasionally, we connect personal data to information gathered in our log files as necessary to improve our website and personalize your content. In such a case, we would treat the combined information in accordance with this Privacy Notice.
We collect analytics information when you use our website to help us improve the website and related content. We may also share anonymous data about your actions on our website with third-party service providers of analytics services.
We may also obtain information, including personal data, from third parties, e.g., when you request a free trial or demo of our Services, register for a CloudHost webinar or download CloudHost content (e.g. whitepapers) or download or request information related to or similar to our Services from a third-party website. We may combine that with information we collect through our website.
We may use the information we collect about you (including personal data, to the extent applicable) for a variety of purposes, including to:
If you are an individual from the European Economic Area (EEA), our legal basis for collecting and using the personal data will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where: (a) we have your consent to do so, (b) where we need the personal data to perform a contract with you (e.g. to deliver the Services you have requested), or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal data from you, or may otherwise need the personal data to protect your vital interests or those of another person.
Where we rely on your consent to process the personal data, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.
If we ask you to provide personal data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal data is mandatory or not (as well as of the possible consequences if you do not provide your personal data). Similarly, if we collect and use your personal data in reliance on our (or a third party’s) legitimate interests which are not already described in this Notice, we will make clear to you at the relevant time what those legitimate interests are.
We are committed to ensuring that your personal data is secure. In order to prevent unauthorized access or disclosure, we have put in place appropriate technical and organisational measures to safeguard and secure the personal data we process. We have built our website using industry-standard encryption and authentication tools to protect the security of personal data.
We also use technological measures such as secure routers and firewalls to help protect personal data. Information collected through the website is encrypted before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, because of its nature, we cannot guarantee against the loss or misuse of personal data transmitted over the Internet.
If, despite all our efforts, a data breach does occur, we shall do everything in our power to limit the damage. In case of a data breach which is likely to result in a high risk, and depending on the circumstances, we will inform you about remedial actions to prevent any further damage. We always inform the relevant supervisory authority or authorities without undue delay.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.
Below is a detailed list of the cookies we use on our website. Our website is scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in four (4) categories:
If you are an individual from the European Economic Area (EEA) you can opt out of each cookie category (except strictly necessary cookies) by clicking on the “cookie settings” button below:
Strictly Necessary Cookie
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.
These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.
These cookies allow the provision of enhance functionality and personalization, such as videos and live chats. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these functionalities may not function properly.
These cookies are set through our site by our advertising partners. They are used to gather information about your activities on our website and other sites in order to build a profile of your interests and suggest advertisements based upon your browsing activities and interests on our website or other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience our targeted advertising across different websites.
Other Tracking Technologies
We also may use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make our Services and Websites better for our users.
We will not sell, distribute or lease your personal data to third parties unless we have your permission or are required by law to do so. We may share and disclose your personal data in the following limited circumstances:
Vendors, consultants and other suppliers
We may disclose your personal data to our vendors, consultants or suppliers whom we engage to perform services on our behalf in connection with the purposes identified above. In such cases, our vendors, consultants or suppliers will be obligated to use that personal data only in accordance with our specific instructions and in accordance with the terms of this Privacy Notice. These companies include, for example, our payment processing providers, marketing automation provider, website analytics companies, product feedback or help desk software providers, Chat platform providers, CRM service providers, email service providers and others.
We may disclose your personal data without your permission to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
We may transfer the information we collect about you to countries other than the country where we originally collected it for the purposes of storage and processing of data and operating our services. Those countries may not have the same data protection laws as your country. However, when we transfer your information to other countries, we will protect that information as described in this Privacy Notice and take steps, where necessary, to ensure that international transfers comply with applicable laws.
You may choose to restrict the collection or use of your personal data in the following ways:
You may request details of personal data which we hold about you. If you would like a copy of the information held on you please write to firstname.lastname@example.org.
If you believe that any personal data we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any personal data found to be incorrect.
You can opt out of receiving marketing communications from us by updating your email preferences on email@example.com or following the unsubscribe instructions included in our marketing communications.
For information on how to opt out of each cookie category (except strictly necessary cookies), for individuals from the European Economic Area (EEA), please refer to the Cookie Section of this Privacy Notice.
We will not retain your personal data longer than necessary to fulfil the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). How long we retain your personal data depends on the type of data and the purpose for which we process your data. If we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it, or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further
Please feel free to contact us if you have any questions about CloudHost’s Privacy commitments or practices. You may contact us at firstname.lastname@example.org or at our mailing address below:
Attn: Compliance Manager
508 Damac Business Tower,
Al Abraj Street, Business Bay, Dubai 30125. UAE
CloudHost Technology (" CloudHost ") has developed this Acceptable Use Policy ("AUP") with the goal of fostering the responsible use of CloudHost's infrastructure, networks, cloud- based offerings, systems, services, web sites, facilities and products (collectively, the "CloudHost Infrastructure and Services") by our customers and other users of the CloudHost Infrastructure and Services (collectively, "Users"), and to enable us to provide Users with secure and reliable services. By using the CloudHost Infrastructure and Services, Users consent to be bound by the terms of this AUP. CloudHost reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted and you are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Any use of the CloudHost Infrastructure and Services after such modification shall constitute acceptance of such modification.
www.CloudHost.com is a site operated by CloudHost Technology, a company incorporated in Dubai and whose principal office is located at 508 Damac Business Tower, Al Abraj Street, Business Bay, P O Box 30125 UAE.
If CloudHost determines that any User has violated any element of this AUP, CloudHost may terminate or suspend its provision of the CloudHost Infrastructure and Services to that User. CloudHost will suspend service for violation of the AUP on the most limited basis as CloudHost determines is reasonably practical under the circumstances to address the underlying violation. CloudHost will attempt to notify User prior to suspending service for violation of the AUP (which may be via email or any other notification); provided, however, CloudHost may suspend service without notice if CloudHost becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that exposes CloudHost to criminal or civil liability or that exposes the CloudHost infrastructure, network or services or any third party property to harm. Such harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists. CloudHost may take such further action as CloudHost determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and CloudHost shall not be liable for any damages of any nature suffered by any User or any third party resulting in whole or in part from CloudHost's exercise of its rights under this AUP, except that nothing in this AUP shall exclude or limit CloudHost's liability for death or personal injury caused by its negligence or any other liability that cannot be excluded or limited by law.
The CloudHost Infrastructure and Services must be used in a manner that is consistent with the intended purpose of the CloudHost Infrastructure and Services and may be used only for lawful purposes. Users shall not use the CloudHost Infrastructure and Services in order to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the CloudHost Infrastructure and Services or other CloudHost customers; or (c) that may expose CloudHost to criminal or civil liability.
Users shall not use the CloudHost Infrastructure and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by CloudHost, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. Notwithstanding the foregoing or anything else to the contrary, no pornographic content of any kind may be stored (either permanently or temporarily), processed by or transmitted through any of CloudHost's cloud based services or any of CloudHost's cloud based infrastructure, including, without limitation, CloudHost's CloudCode platform.
Material accessible through or contained within the CloudHost Infrastructure and Services may be subject to protection under privacy, data protection or confidentiality laws and may contain intellectual property rights owned by CloudHost or third parties, including but not limited to, copyright, patents, trademarks, trade names, trade secrets or other proprietary information. Users shall not use the CloudHost Infrastructure and Services in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any such rights or laws. Users are responsible for ensuring that all applications, software, programs, and content which are hosted though the CloudHost Infrastructure and Services are properly licensed from the applicable third parties to the extent required in the context of the applicable deployment. Users will indemnify in full, and keep fully indemnified on a continuing basis, CloudHost with respect to any claims by third parties brought against CloudHost based on an allegation that any such User failed to comply with its obligations under this paragraph.
Users shall not use the CloudHost Infrastructure and Services to transmit, distribute or store material that may be harmful to or interfere with the CloudHost Infrastructure and Services or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, and Trojan horses.
Users shall not use the CloudHost Infrastructure and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations or which does not comply with any applicable advertising laws or codes of practice.
Users shall not use the CloudHost Infrastructure and Services to store or collect, or attempt to store or collect, personal data relating to any third parties in violation of applicable law; Users shall comply at all times with applicable data protection legislation.
Email and Unsolicited Messages
Users shall not use the CloudHost Infrastructure and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email ("spam"). Further, Users are prohibited from using the service of another provider to send spam to promote a website hosted on or connected to the CloudHost Infrastructure and Services. In addition, Users shall not use the CloudHost Infrastructure and Services in order to send e-mail messages which are excessive and/or intended to harass or annoy others.
Other Improper Actions
Users shall not use the CloudHost Infrastructure and Services to conduct activities that may be harmful to or interfere with the CloudHost Infrastructure and Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the CloudHost Infrastructure and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. CloudHost may investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
Responsibility for Content
CloudHost takes no responsibility for any content created or accessible on or through the CloudHost Infrastructure and Services. CloudHost is not obligated to monitor such content. CloudHost will not exercise any editorial control over such content. In the event that CloudHost becomes aware that any such content may violate this AUP and/or expose CloudHost to civil or criminal liability, CloudHost reserves the right to block access to such material and suspend or terminate its provision of the CloudHost Infrastructure and Services to any User creating, storing or disseminating such material. CloudHost further reserves the right to cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.
Responsibility for End Users
Where agreed in Customer's contract with CloudHost, Customers may extend access to the CloudHost Infrastructure and Services to their end users. Where this is done, it is the Customer's responsibility to ensure that all of its end users comply with this AUP.
CloudHost requests that any person who becomes aware of a violation of this AUP reports this information to CloudHost by email to email@example.com . CloudHost may take any appropriate action as it reasonably deems fit in its sole discretion in respect of such violations.
This CloudHost- Managed Services Agreement (" Cloudhost ") is made this day of 1 st /January / 2019 (“ The Cloudhost Effective Date ”) and superceeds all earlier Service Level agreements signed before this date between CloudHost Technology, a company incorporated under the laws of UAE having registered office at 508 Damac Business Tower, Business Bay, Dubai UAE 30125 (herein after referred as “CloudHost”) and, customers or partners (herein referred as “Customer”) availing cloud or managed services from the cloudhost platform. Collectively both referred to as “Parties” and individually as “Party”.
This Data Centre- Managed Services Agreement is applicable only to Service Order Forms for Data Centre- Managed Services which have been subscribed by Customer and accepted by CloudHost in accordance with, and subject to the terms of the General Terms and Conditions for Delivery of Services.
This CLOUDHOST includes certain schedules and attachments attached hereto or to be attached in the future (together the “Schedules”). Depending on the components chosen by Customer, as indicated in the Service Order Form (“SOF”), the Data Centre- Managed Services may consist of the following components;
1. Schedule - A : CloudScales
2. Schedule –B : DataLife Services
3. Schedule –C : CH Assist – Managed Services and Hosting Professional Support Services
4. Schedule - D : CH Network Services
5. Schedule - E : CloudAssure - Data Centre Security Services (DCS)
In addition to the terms set forth herein, use of each Service is subject to the additional terms set out in the relevant schedules attached herewith.
Terms used herein but not otherwise defined shall have the same meanings ascribed to them in the General Terms and Conditions for Delivery of Services.
If no Fault of Severity Level 1 is reported by Customer to CloudHost within two Business Days from the SOF Date or Actual Delivery date, the Service shall be deemed to have been accepted for the purpose of commencement of billing.
Customer must inform CloudHost’s Customer Support in writing, by email or by call each time it notices any Service Outage within Five (5) business days of the time it first notices or first believes that there has been an Outage. CloudHost will provide 24x7x365 access to its Online support portal (https://support.cloudhostintl.com) for customer to report any service outage / performance issues. CloudHost Customer Support must be provided with a 24*7*365 emergency number to reach a support person and their backup in the event of customer equipment failure or a data centre outage. Escalation matrix is also required from the Customer.
Customer must provide CloudHost with a written request for a credit due hereunder within thirty (30) days of the applicable event giving rise to the credit. Failure to do so will void Company's eligibility for any credit for such event(s). This notice must include sufficient information including, without limitation, the Trouble Ticket number and the customer request and the date and time such request was made to CloudHost Datacentre, to allow the claim to be investigated. There shall be no Third Party beneficiaries of the Service Level Agreements unless the same is agreed upon by the parties in writing.
For the purpose of uniformity, the Service Availability for each CLOUDHOST Service will be calculated as under. The Availability Guarantee for each component is covered in respective service schedule(s).
CLOUDHOST Service will be considered unavailable if the Fault reported to the CloudHost’s Support Center by Customer or identified by CloudHost itself is of Severity Level 1 or Severity Level 2 (“Service Outage”). CloudHost will calculate, on a monthly basis, the time of Service Outage experienced by each CLOUDHOST Service Component. A month shall be deemed to begin at 12:00 AM Greenwich Mean Time (GMT) on the first day of a calendar month and end 12:00 GMT on the first day of the next calendar month (“Month”). At the end of a month, CloudHost shall calculate the total amount of time the CLOUDHOST Service was unavailable measured from the time when a Fault of Severity Level 1 or 2 was reported to the CloudHost’s Customer Support or is identified by the CloudHost, whichever first occurs, until the time the Fault is repaired and the Service restored (the “CLOUDHOST Service Outage Time”). Such CLOUDHOST Service Outage Time shall be used to determine any Service Outage credit that the Customer shall be entitled to (“CLOUDHOST Service Outage Credit”). The CLOUDHOST Service Outage Credit will be a percentage of the Monthly Recurring Charge (“MRC”) for the CLOUDHOST Service as set forth in respective service schedules and will apply only to the CLOUDHOST Service(s) for which such credit was derived (“Affected CLOUDHOST Service(s)”), and the CLOUDHOST Service Outage Credit will be calculated individually for each Affected CLOUDHOST Service.
SLA Adherence Matrix and applicable Outage Duration:
|SLA Adherence (%)||Service Outage Duration (in Hours) in a Month Rounded off to nearest hour|
|< 99.99%||0.072 (4.32 minutes) – 0.72 hours (43.2 minutes)|
|< 99.95%||0.36 (.5) hour – .72 (1) hour|
|< 99.9%||0.72 (1) hour – 3.6 (4) hours|
|< 99.5%||3.6 (4) – 7.2 (8) hours|
|< 99.0%||7.2 (8) – 14.4 (15) hours|
|< 98.0%||14.4 (15) – 21.6 (22) hours|
|< 97.0%||21.6 (22) – 24 hours|
Customer will not be entitled to receive any credits pursuant to the Delivery Guarantee or Service Availability Guarantee, for administrative setup delays or Service Outage experienced, which are associated with (in whole or in part):
The Customer represents warrants and agrees that it will not use, nor authorize, assist or permit any User or third party to use, the Service:
Rights to Suspend. If CloudHost reasonably believes that there is, or is likely to be, a breach of any of the Customer’s obligations hereunder, CloudHost may, in its sole discretion, immediately restrict or suspend all or a portion of the Service or prevent the display or transmission of Content, without any liability to the CloudHost, and then notify the Customer of such action and the reason for it. CloudHost will attempt to provide such notification to the Customer prior to taking such action if, in CloudHost’ s judgment, it can do so without interfering with its ability to prevent the breach from occurring or continuing.
The Services, including all intellectual property rights in the Services, are and shall remain, the property of CloudHost. All rights in and to the Services not expressly granted to Customer in this Agreement are hereby expressly reserved and retained by CloudHost and its licensors without restriction. CloudHost grants Customer a limited, revocable, non- exclusive, non-sublicenseable, non-transferable and limited right to access and use the Cloud Services solely in accordance with the Agreement and any software (including related documentation) that may be provided by CloudHost or its third party licensors is neither sold nor distributed to Customer and may be used solely as part of the Cloud Services.
As between CloudHost and Customer, Customer exclusively owns all right, title and interest in and to Data. CloudHost will not disclose, modify, or access Data, except (i) if Customer expressly authorizes CloudHost to do so in connection with Customer's use of the Services, including requests for support; or (ii) as necessary to provide the Services to Customer or to prevent or address service or technical problems, or to comply with the Agreement or the request of a governmental or regulatory body, subpoenas or court orders.
Exclusions. Confidential Information does not include the following categories of information: (a) information that at the time of disclosure to Recipient was in the public domain (other than as a result of any breach of this Agreement); (b) information that was lawfully known by Recipient prior to receipt from Discloser (as proven by Recipient's written records); (c) information that, after disclosure to Recipient, becomes known to the general public through no breach of this Agreement by Recipient; (d) information developed independently by Recipient without use of or reference to Confidential Information; or (e) information that is disclosed to Recipient by a third party who did not acquire or disclose such information by a wrongful act.
In the event Customer elects, in connection with any of the Services, to communicate to CloudHost suggestions for improvements to the Services ("Feedback"), CloudHost shall own all right, title, and interest in and to the same, even if Customer has designated the Feedback as confidential, and CloudHost shall be entitled to use the Feedback without restriction. Customer hereby irrevocably assigns all right, title, and interest in and to the Feedback to CloudHost and agrees to provide CloudHost such assistance as it may require to document, perfect and maintain CloudHost's rights to the Feedback.
If Customer elects to use Customer provided and/or licensed software in connection with the Cloud Services or make such software available to other users of Cloud Services, Customer is solely responsible for (i) selecting, licensing, installing and maintaining any such software, including any related applications and systems; and (ii) ensuring adherence to current technical documentation, all applicable licensing terms, requirements and/or restrictions and all applicable laws with respect to such software.
Confidentiality. "Confidential Information" shall mean and encompass information, know-how and data, of a technical, commercial, financial or any other nature, disclosed to either Party by or on behalf of the other Party prior to or during the term of this agreement. Customer and CLOUDHOST each agree to retain in confidence all information disclosed by a party to the other party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential (the “Confidential Information”).
Each party agrees to:
CloudHost further agrees that it will not change or copy, read or distribute Customer’s data, except as required to perform the Services. CloudHost hereby agrees that it has implemented industry standard procedures to: (1) ensure the security and confidentiality of Customer’s Confidential Information; (2) protect against any anticipated threats or hazards to the security or integrity of such information; and (3) protect against unauthorized access to or use of such information. The parties agree to comply with the applicable laws and shall negotiate in good faith, if necessary, to execute any other documents that may be required to comply with any applicable laws.
Notwithstanding the foregoing, either party may disclose Confidential Information which is:
Neither party shall disclose any of the terms of this Agreement to any third party without the prior written consent of the other party; provided, however, that either party may disclose the existence of this Agreement to any third party and either party may disclose the terms of this Agreement:
The term of this Agreement shall commence on the mutually signed Service Order Form or Service Start Date and shall renew automatically for successive one (1) year periods unless either party gives the other written notice of intent to terminate and not renew at least ninety (90) days prior to the end of the initial term or any renewal term.
This agreement may be terminated by either party in the event that such party has the right to terminate the customer Agreement.
Upon termination of this agreement, Customer shall relinquish use of the Internet protocol addresses or address blocks assigned to it by CLOUDHOST in connection with the Services.
Unless and otherwise specified in the Customer Agreement, if after the termination or expiration of the Agreement, the Customer fails to remove all equipment and/or other properties belonging to them from the CloudHost Data Centre premises within 15 days of such termination or expiration, the Customer;
Upon any notice of termination of this Agreement, to the extent technically feasible, CloudHost shall assist Customer in the migration of the data of Customers that are located on CloudHost’s servers/storage, in a comma separated values file or other format reasonably requested by Customer. If termination of this Agreement is due to CloudHost’s breach, CloudHost shall migrate Customer’s data to a setup as reasonably requested by Customer, at no cost to Customer.
Disclaimer of Actions Caused by and/or Under the Control of Third Parties Except for warranties and representations made herein, CloudHost MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES AND LIABILITY REGARDING THE DATA, PRODUCTS, OR SERVICES OF ANY THIRD PARTY, INCLUDING THE PROVIDERS OF ELECTRICAL OR TELECOMMUNICATIONS PRODUCTS OR SERVICES. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN THE HOSTING SERVICES DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF CloudHost, SUCH AS A FAILURE OF TELECOMMUNICATIONS SYSTEMS, SHALL NOT BE CONSIDERED A SERVICE OUTAGE FOR PURPOSES OF ANY WARRANTY PROVIDED IN THIS CLOUDHOST.
Sole Remedies to Service outage: SOLE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OF SERVICES DUE TO OUTAGES, OR OTHER BREACH OF WARRANTY SHALL BE THE OUTAGE CREDIT PROVIDED IN THIS CLOUDHOST. CloudHost AND ITS CLOUDHOSTS DISCLAIM ANY AND ALL OTHER LIABILITIES OR REMEDIES FOR SUCH OUTAGES, INTERRUPTIONS, OR BREACH OF WARRANTY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIABILITY OF CloudHost AND ITS CLOUDHOSTS ARISING FROM ANY SUCH OUTAGE, INTERRUPTION, OR BREACH OF WARRANTY SHALL BE EXPRESSLY LIMITED AS SET FORTH IN THIS CLOUDHOST.
Any notice or other communication required or permitted hereunder shall be sufficiently given if manually delivered or sent by registered or certified airmail or fax or E-mail, and, in the case of airmail, prepaid and directed to the other party at its mailing address first set forth above. Any party may, by giving notice as provided sent by registered or certified airmail shall be deemed to have been given ten (10) days after the date on which it is proved to have been so mailed. Any such notice or communication sent by fax or e-mail shall be deemed to have been given one (1) day after the date on which it is sent and receipt has been confirmed.
This Agreement and the obligations of the parties hereto shall be interpreted, construed and enforced in accordance with the internal laws of UAE, without giving effect to the conflict of laws / principles thereof. The Courts at Dubai shall have exclusive jurisdiction over all matters connected with this agreement.
No express or implied consent to or waiver of any breach or default by any party hereto in the performance by the other parties of its obligations under this Agreement shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance by such party of the same or any other obligations of such party under this Agreement. Failure on the part of any party to complain of any act or failure to act or to declare the other party as defaulting, irrespective of how long such failure continues, shall not constitute a waiver against such failing party of the rights of the other party under this Agreement.
If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to any other person or circumstance shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
ENTIRE AGREEMENT – AMENDMENT
This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof. Except as specifically provided herein, neither this agreement nor any provision hereof can be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by all of the parties
All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural; and the plural shall include the singular. Titles of articles, sections, subsections and paragraphs in this Agreement are for convenience only, and neither limit nor amplify the provisions of this Agreement
This Agreement can be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall comprise but a single instrument
This Agreement cannot be assigned by any party hereto without the express written consent of the other two parties
In any legal action brought in connection with this agreement for the operations of the Customer, the prevailing party shall be entitled to recover its legal fees from the non-prevailing parties
If the performance of any obligation of any of the parties is prevented or restricted or interfered with by reason of fire, explosion, strike, labor dispute, casualty, riots, sabotage, accident, lack or failure of transportation facilities, flood, war, civil commotion, terror attack, lightning, acts of God, any law, order or decree of any government or subdivision thereof or any other cause similar to those above enumerated, beyond the reasonable control of the party, the party so affected shall, upon the giving of prompt notice to the other parties, be excused from performance hereunder to the extent and for the duration of such prevention, restriction or interference.
No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision
Any dispute and/or difference that may arise between the Parties hereto in regard to this Agreement and/or the arrangement there under, the carrying out of its terms and conditions and/or the interpretation thereof in any way whatsoever shall be referred to the conciliation of any authorized representative of the Parties and a solution shall be sought within 15 days of such referral. In the event of any resolution not being found despite conciliatory efforts, the dispute and/or difference shall be referred to a sole Arbitrator to be mutually appointed by the Parties. In the event of differences on appointment of a sole arbitrator, the Parties agree to appoint three arbitrators, one to be appointed by Customer and another to be appointed by CLOUDHOST. The two arbitrators shall appoint the third arbitrator who shall act as the governing arbitrator. The Arbitration proceedings shall be governed by the UAE Law for Arbitration and Conciliation and its statutory modification in force for the time being. Language of arbitration shall be English. Place of Arbitration shall be Dubai UAE.