Zero Tolerance Policy (ZTP) / Spam Policy

This policy represents the Cloudy24 Zero Tolerance Policy/ Spam Policy("ZTP") in its entirety and supersedes any other written or oral policy. This policy defines the Zero Tolerance Policy/ Spam Policyall Cloudy24 customers agree to when they sign-up for any of the Cloudy24 website hosting services. Cloudy24 reserves the exclusive right to change, amend or revise any portion of this ZTP policy at any time, with or without written notice to our customers.

Customers using any services offered by Cloudy24 agree to be obligated by and must comply with all policies in this ZTP or must otherwise opt out of and cancel their web hosting service with Cloudy24. Cloudy24 retains the sole discretion to make judgment regarding any violation by any Cloudy24 customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted. 

General Provisions

In consideration for Cloudy24 maintaining one or more accounts (each "Account"), you, as the Cloudy24 customer, agree to the following terms of service. 

Definitions

• "We" "Us" or "Provider" or "Cloudy24" - Cloudy24.com
• "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Here are the types of information we gather from visitors to Cloudy24 Hosting:

Here are the types of information we gather from visitors to Cloudy24 Hosting:
Spam, including unsolicited commercial email, unsolicited bulk email, mass email, and junk email, is a message that advertises goods or services that you send to someone without their prior consent or in the absence of a previous relationship. In one respect spam is the electronic equivalent of the junk mail you receive in your postal mailbox every day.

There are three main types of spam: Usenet, message board, and email. Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular newsgroup or message board. Email spam is any electronic mail message that is addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient.

There are other types of Internet abuse that qualify as spam. These include, but are not limited to, spamming of chat rooms and spamming via Internet Relay Chat or “Instant Messaging” systems (such as ICQ).

Cloudy24 Hosting has always had explicit policies regarding sending Unsolicited Commerce Email (UCE), Unsolicited Bulk Email (UBE). Cloudy24 Hosting is clear in its position and definition of SPAM. If we receive a complaint from a third party that consumers on the Internet have been contacted by any of our customers (availing one of the services provided by Cloudy24 Hosting i.e. network/ hosting/ access), or are advertising a service hosted at Cloudy24 Hosting via SPAM, we shall terminate their account/s immediately, without any further notice whatsoever.

We are confident that, as an educated and intelligent Internet user, you will fully understand our position on unsolicited commercial email or spam. We also know you will do all in your power to help us implement our policy, for the benefit of us all.

Notwithstanding these explicit prohibitions, a few customers still choose to disregard these policies, thereby endangering our own and our customers’ ability to conduct business on the web.

We have, therefore, adopted a ‘Zero Tolerance‘ policy. To ensure that there are no misunderstandings, we will once more clarify our position, defining what is not permitted, outlining the response we will take when our policy is violated, and highlight some of the potential legal exposure, that anyone who engages in SPAMMING may have:

Do not send out any Unsolicited Commercial Email (UCE, also known as SPAM). We do not want to conduct business with anyone who does unsolicited bulk mailings.

SPAM-rising your web site, i.e. sending out an unsolicited bulk email promoting your site at AZC but using another ISP’s servers to transmit these messages is absolutely and completely prohibited. These prohibitions also encompass newsgroups and public mailing lists and bulletin boards. Do not flood newsgroups or public mailing lists.

Note: Even bulk emails with “opt-out” instructions are not permitted.

Forms used on web sites to get the feedback and other information from visitors should have a single ‘From’ email address that belongs to your web site only, else all the emails sent will be black-holed or rejected.

You will be held liable for such infringement even if the SPAMMING action was done by a third party for your benefit, i.e. in case your advertising agency or one of your employees do the SPAMMING, you would still be held responsible. If a sub-lessee of your site SPAMs, accountability remains with you.

In short, any kind of mass e-mailing is prohibited, except in those cases where the recipient is a current, active customer of yours (i.e. purchased in the past 12 months) or has signed up on an ‘opt-in’ email list. You will need to be able to present irrefutable proof of the foregoing if a recipient challenges you on this. If you claim that a customer has subscribed to your service, it is your responsibility to determine why the customer has complained about receiving SPAM. Please check and ensure that your customers are open to receiving your emails.

Failure to observe the aforementioned restrictions shall result in an immediate and automatic suspension of your account.

If SPAM has been sent out advertising a web site hosted with us, the web site will be removed for 48-72hrs.

If a co-location server sends out SPAM, access to the server will be suspended for 48-72hrs.

If SPAM is sent via dial-up/ ISDN/ leased line/ radio/ wireless access or using any other service provided by Cloudy24 Hosting, the service will be suspended for 48-72hrs. In the case of dial-ups/ ISDN access, the account will be frozen.

If we receive further complaints after the site has been unlocked for the first time, we will terminate the hosting and email boxes associated with the domain name in question. The domain name in question will also be confiscated by Cloudy24 Hosting, our Web services sub-division, provided the domain is registered with us as a registrar or through us with any other accredited registrars.

We shall submit the Spammer’s domain name(s) to all anti-SPAM blocking databases. Our submission shall make the domain(s) virtually UN-useable even if/ when the SPAMMER transfers to another provider.

Our processes are automated. Hence, once a complaint is received your account will be terminated without any further notice. If you find your account terminated please contact legal [at] cloudy24 dot net, with the following details.

(i) Copy of the last email sent out in bulk

(ii) The IP address of SMTP server

Note: Without these details, the email will not be accepted, and will by default not get processed.

In conclusion, we strongly urge you to consider the above. There is only one rule and it is very simple: DO NOT SPAM! If you are not sure whether you are spamming or not, then you probably are. In that case: Stop Right Away!

The above policy is without prejudice to Cloudy24 Hosting’s rights and Cloudy24 Hosting can and/or shall resort to any action to stop SPAM.

Thanks.