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This Universal Terms of Service Agreement (“Agreement”) sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through SUSUN CLOUD Hosting from our partners and/or affiliates (collectively “Services”).
In this Agreement “You” and “Your” refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to SUSUN CLOUD Hosting as well known as companies (Susun Cloud SDN. BHD. ). This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements
Modification
You agree that SUSUN CLOUD Hosting may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from SUSUN CLOUD Hosting, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.
If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. SUSUN CLOUD Hosting shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.
Accounts; Accurate Information
In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify SUSUN CLOUD Hosting within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by SUSUN CLOUD Hosting to determine the validity of information provided by You will constitute a material breach of this Agreement.
If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.
You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.
You must notify SUSUN CLOUD Hosting immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to RM50 (Malaysian Ringgit) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.
Availability of Website & Services.
We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue
SUSUN CLOUD Hosting offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and SUSUN CLOUD Hosting. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of SUSUN CLOUD Hosting as described herein
SUSUN CLOUD Hosting Content; User Content
In addition to the general rules above, the provisions in this section apply specifically to Your use of SUSUN CLOUD Hosting Content and User Content posted to SUSUN CLOUD Hosting site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your websites.
SUSUN CLOUD Hosting Content. Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by SUSUN CLOUD Hosting, its licensors, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.
User Content. Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any SUSUN CLOUD Hosting Content or User Content) or enforce limitations on the use of this site or Our Services, the SUSUN CLOUD Hosting Content or the User Content therein.
Storage and Security
You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on SUSUN CLOUD Hosting servers; and (iv) ensure the confidentiality of Your password.
SUSUN CLOUD Hosting’s servers are not an archive and SUSUN CLOUD Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by SUSUN CLOUD Hosting are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business. SUSUN CLOUD Hosting shall have no liability to You or any other person for Your use of SUSUN CLOUD Hosting Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk SUSUN CLOUD Hosting ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status.
Third-Party Content
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. SUSUN CLOUD Hosting has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then current SUSUN CLOUD Hosting policy or agreement. Such content may result in the suspension or in the immediate termination of Your account.
No Spam; Liquidated Damages
No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following :
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka “adware” or “spyware” messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Text/SMS Messages
Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and a legitimate opt-out method in the footer of the email or fax that will effectively unsubscribe the recipient. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by SUSUN CLOUD Hosting. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You.
Account Use
You are responsible for security of Your Account access credentials. SUSUN CLOUD Hosting will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that SUSUN CLOUD Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will SUSUN CLOUD Hosting be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless SUSUN CLOUD Hosting from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to SUSUN CLOUD Hosting you should take all due precautions to provide any sensitive information over a secure communication channel.
All fees for the Services shall be in accordance with SUSUN CLOUD Hosting’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, BillPlz, or any other payment method then accepted by SUSUN CLOUD Hosting (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. Charges for the Service(s) will be billed to Your chosen Payment Method as charges for “SUSUN CLOUD Hosting” If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. SUSUN CLOUD Hosting expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, SUSUN CLOUD Hosting WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT SUSUN CLOUD Hosting THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND SUSUN CLOUD Hosting SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. SUSUN CLOUD Hosting RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.
IN ADDITION, SUSUN CLOUD Hosting MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, SUSUN CLOUD Hosting WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. SUSUN CLOUD Hosting MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND SUSUN CLOUD Hosting SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
Termination & Cancellation Policy. The initial term of Your agreement with SUSUN CLOUD Hosting shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with SUSUN CLOUD Hosting shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by SUSUN CLOUD Hosting at any time, without prior notice, if, in SUSUN CLOUD Hosting’s judgment, You are in violation of any terms or conditions herein; or (iii) in SUSUN CLOUD Hosting’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon SUSUN CLOUD Hosting or could disrupt SUSUN CLOUD Hosting’s business operations; or (iv) by SUSUN CLOUD Hosting if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and SUSUN CLOUD Hosting.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that SUSUN CLOUD Hosting may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of SUSUN CLOUD Hosting.
Refunds do NOT apply to Services unless otherwise specified.In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs SUSUN CLOUD Hosting incurs in closing Your account. You agree to pay any and all costs incurred by SUSUN CLOUD Hosting in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, SUSUN CLOUD Hosting may delete all information related to You on the Services Services
We have prepared this Refund Policy to explain when you can request a refund with respect to products and services acquired from SUSUN CLOUD Hosting or through us from our partners and/or affiliates (collectively “Services”)
General Terms
General terms apply to all refund eligible Services. In addition, there may be special term(s) that apply to a specific product and/or service and those are outlined below
In no event is the same Service eligible for more than one refund.
Service(s) must be cancelled before we can issue a refund.
Purchased DOMAIN are not refundable.
Web Hosting Services are refundable within the period of 15 days after purchases.
No refund will be made if your Service(s) are suspended or terminated for cause.
All refunds are processed in Malaysian Ringgit (MYR/RM): you, the customer, bear sole responsibility for any fluctuations in the exchange rate(s) between the time of payment and the time of refund.
Unless you request otherwise, refunds will be credited to your SUSUN CLOUD Hosting account balance. Purchases made using SUSUN CLOUD Hosting account funds can only be refunded as account credit. Purchases made by debit card (online banking) or Manual Bank Transfer may be refundable to the source of payment. SUSUN CLOUD Hosting is not responsible for any additional charges imposed by your credit card company or BillPlz / FPX online transaction in the case of refund.
Any processing fee(s) will be deducted from a refund.
Additional refund requirements may apply based on specific terms and conditions notified to you when purchasing any Service(s).
Refund Requests
If you think you are eligible for a refund, you can contact us here. You must include the following information in your request:
Why you are asking for a refund
Transaction identifying information (e.g. account username, support pin, transaction number, domain name, date of purchase)
Any additional information the Customer Service team asks for in order to process your refund request.
Web Hosting
Unless this Refund Policy specifically provides for a refund, all fees for Web Hosting and related Service(s) are non-refundable, in whole or in part, even if your Web Hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
Package fees for Shared Hosting, Reseller Hosting and VPS Hosting may be refundable, at the sole discretion of SUSUN CLOUD Hosting, if you, the account holder, cancel within fourteen (14) days after purchase.
No refunds are available for the following:
Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;
Any fees related to domain name registrations associated with your Web Hosting package;
Any renewals of Web Hosting and related Service(s).
SpamExperts Email Hosting
Unless this Refund Policy specifically provides for a refund, all fees for SpamExperts email hosting and related Service(s) are non-refundable, in whole or in part, even if your SpamExperts email hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
If you purchase SpamExperts Email Hosting Services for a domain name not registered with SUSUN CLOUD Hosting, you must confirm your ownership of the associated domain name. If you fail to provide satisfactory proof of ownership (or domain access rights) within forty-eight (48) hours from purchase, the purchased Service(s) will be cancelled and any fees paid will be automatically refunded as an account credit.
SSL Certificates
Unless this Refund Policy specifically provides for a refund, all fees for SSL Certificates are non-refundable, in whole or in part.
If a refund is available, fees for SSL Certificates will be refunded in the form of an account credit.
In order to qualify for a refund you must do one of the following within ninety (90) days after purchase: that is, you must 1) obtain issuance and thereafter make a written request for a refund within fifteen (15) days of that date; 2) attempt at issuance and be unsuccessful, in which case the refund will be credited to your account automatically; or 3) make no attempt at issuance but make a written refund request to SUSUN CLOUD Hosting.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SUSUN CLOUD Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUSUN CLOUD Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SUSUN CLOUD Hosting ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SUSUN CLOUD Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES
OVERVIEW
This Affiliate Program Agreement (“Agreement”) is entered into by and between Susun Cloud SDN. BHD., Inc. (“SusunCloud”) and the signor of this Agreement (“Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of Affiliate’s participation in SusunCloud’s Affiliate Program (“Affiliate Program”) and is in addition to any other agreement that Affiliate may have entered into with SusunCloud by virtue of being a customer. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. The terms “we,” “us” and “our” refer to SusunCloud, Inc. (“SusunCloud”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with SusunCloud’s Universal Terms of Service Agreement, which is incorporated herein by reference.
This Agreement explains our obligations to you, and explains your obligations to us under the Affiliate Program offered by SusunCloud. SusunCloud offers several ways to sign up to be an Affiliate, including via your SusunCloud account panel (“platforms”.) You are only permitted to sign up via one of the available options. The Affiliate Program is purely a referral program by which you can earn commissions as outlined herein. Commissions are earned by you as an independent contractor and, as such, you are responsible for paying any taxes due on such commissions. In addition, you are required to provide any/all accurately completed tax related information and forms that is requested by the platform in which you enrolled. Failure to do so will result in a forfeiture of your commissions.
Changes and Modifications to the Agreement. SusunCloud, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the SusunCloud website (this “Site”). You acknowledge and agree that (i) SusunCloud may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the “Last Revised” date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status. In addition, while not required, SusunCloud may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current in the Affiliate interface that you have selected. SusunCloud assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Suspension or Termination of Affiliate Program Participation. SusunCloud reserves the right to suspend participation in the Affiliate Program in the event of an unresolved breach of this Agreement or if suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that your failure to comply completely with the terms and conditions of this Agreement and any SusunCloud rule or policy may be considered to be a material breach of this Agreement and that SusunCloud may provide you with notice of such breach either in writing or electronically (i.e. email). If you do not provide SusunCloud with material evidence that you have not breached your obligations within ten (10) business days, SusunCloud may terminate your participation immediately and take any remedial action available to SusunCloud under the applicable laws. Such remedial action may be implemented without notice to you.
In addition, you acknowledge and agree that SusunCloud may terminate your participation as an Affiliate if: (a) you or your site violates, as determined by SusunCloud in its sole and absolute discretion, any of the Affiliate Restrictions outlined in Section 3 and/or any additional restrictions named; (b) for non-payment of fees, if any; and/or (c) if your site is not live, is under construction, or is a personal homepage or another personal site.
SusunCloud reserves the right to suspend the participation of all affiliates or the entire Affiliate Program on a particular affiliate platform at any time for any reason.
DESCRIPTION OF THE AFFILIATE PROGRAM
Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.
How it Works. SusunCloud’s Affiliate Program allows you to earn commissions on sales to new SusunCloud customers via advertising on your “web site” or “publishing location” (such as an electronic newsletter or blog) (hereinafter “Your Site”) that contains a link with your affiliate ID. This advertising will allow you to drive traffic (‘sessions”) to SusunCloud’s web site. You will earn a percentage of the revenue generated, or commission as outlined in your platform agreement, when a person or entity (that is not you or your agent(s)) makes their first-time purchase of certain SusunCloud products or services (“New Customer”) after being referred to through the unique affiliate link that is contained on Your Site.
After being referred to the SusunCloud web site from a link contained on Your Site, visitors have thirty (30) days to complete their purchase for you to receive a commission. Should the visitor click on another referral link that is not controlled by you, or return to the SusunCloud web site via another source-coded advertising link during the initial thirty (30) days, your affiliate link will be overwritten and you will not receive a commission for that visitor’s purchase.
Enrollment. Enrollment into SusunCloud’s Affiliate Program can happen via any of the platforms indicated on our Affiliate page on our SusunCloud website. Affiliates may switch between platforms but may only enroll on one platform at any given time.
Commissionable Sales. Affiliate acknowledges and agrees that SusunCloud will only pay for first-time purchases by new customers. Affiliate will only receive commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 30 days of first visiting the SusunCloud site. Subsequent purchases made by the same customer (including by accessing SusunCloud’s web site directly) will not be commissionable. All SusunCloud products and services will be eligible for a commission except premium domains, domains bought at SusunCloud Marketplace and apps.
Restrictions on Eligible Commissions. You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the first purchase only made by a certain person. SusunCloud employees (and their immediate family members) are not allowed to participate in the SusunCloud Affiliate Program.
AFFILIATE RESTRICTIONS
Linking to SusunCloud website. Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface you have selected.
You acknowledge and agree:
SusunCloud Logo Use. You shall not use the SusunCloud logo without our prior approval. In addition, the SusunCloud logo shall be removed from Your Site immediately upon request. SusunCloud may lock your affiliate account immediately and withhold payment of any/all commissions without further notice if you fail to remove the SusunCloud logo from Your Site upon request. For clarity, acceptance into the Affiliate Program grants permission to use SusunCloud’s logos as outlined in the program.
Creatives. You shall not use any creatives that do not comply with SusunCloud guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your individual needs;
No Domain Forwarding. You shall not create domain forwarding directly to our site using your affiliate link;
No Harmful Activities. You shall not engage in activities that SusunCloud determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation;
Prohibition Against Use of SusunCloud Trademarks. You shall not include the SusunCloud trademark, trademark with keywords or any misspellings of said trademarks in any domain names. Such activity will result in your immediate removal from the program; and
Prohibition Against Use of SusunCloud Copyrights & Look-A-Like Sites. You shall not use a SusunCloud.com look-a-like site that suggests or gives the visitor the impression that your web site or publishing location is affiliated with SusunCloud.com. Your web site or publishing location shall not in any way copy or resemble the look and feel of SusunCloud’s web site or web site content, and you shall not create the impression that your web site or publishing location is part of SusunCloud’s network of web sites. This includes using SusunCloud’s trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not “frame” or permit the “framing” of any page of SusunCloud’s network of web sites.
Website Content & Emails. You acknowledge and agree that Your Site specifically shall not (and shall not enable others to):
Contain false, inaccurate, defamatory, slanderous, libelous or misleading content or statements about SusunCloud and/or its products and services;
Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers’ (“ICANN”) approved registrar;
Display, promote or sell illegal content, or offer any illegal product or service;
Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;
Collect personal information about minors without their parent’s prior written consent;
Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by SusunCloud in its sole and absolute discretion;
Engage in activities, whether lawful or unlawful, that SusunCloud determines, in its sole and absolute discretion, to be harmful to SusunCloud or its customers, employees, operations or reputation.
Encourage the use of a controlled substance;
Encourage unlawful behavior;
Violate any applicable law;
Advocate, promote, or encourage violence or discrimination against any person, organization or governmental entity;
Contain links to web sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization;
Contain links to web sites containing any of the aforementioned content; and
Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.)
In addition, you acknowledge and agree you shall not:
Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in SusunCloud’s links, including but not limited to, removing or altering any copyright or trademark notices;
Alter the SusunCloud approved tracking codes to allow you to (a) collect personally identifiable information of visitors that would allow you to personally identify visitors, or (b) obscure the site from which the visitor is referred, including the use of link cloaking, asp/php redirects and/or link shortening services not provided by SusunCloud;
Allow Your Site to be a downloadable or internet accessible application, as determined by SusunCloud in its sole and absolute discretion;
Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes or hidden frames. Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for commission.
Paid Search and Advertising Guidelines
If you use paid search, you are required to add SusunCloud, SusunCloud.com and any of its derivatives and misspellings as negative keywords across all of your paid search activities.
You also acknowledge and agree that you shall not:
Coupon Guidelines
If you are enrolled in our Affiliate Program and Your Site promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
You may not give the appearance that any ongoing offer requires clicking from your website, in order to redeem. For example, if all domain registrations include free 1-year WhoIs Privacy Protection subscription, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
COMMISSION PAYMENTS
You acknowledge and agree that no commission is payable if Your Site:
Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which SusunCloud is entitled, SusunCloud specifically reserves the right to:
In sum, SusunCloud will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to precisely follow this Agreement and its guidelines, at all times. SusunCloud is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
YOUR RESPONSIBILITY
As an affiliate, we provide you with the links and banners necessary to promote SusunCloud products and services, which you may display in any area of Your Site as you wish. The links will identify Your Site as a member of our Affiliate Program and will establish a link from Your Site to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique affiliate ID in the promo materials you use on Your Site. You may promote the products and services that SusunCloud offers in any manner you choose unless it misleads visitors about SusunCloud services.
You also understand and agree that participation in the Affiliate Program requires ongoing activity. Should you no longer wish to participate in the Affiliate Program, you may withdraw by following the guidelines set by the platform in which you enrolled.
If you are an Affiliate directly with SusunCloud, you may withdraw by submitting a Notice of Withdrawal via your SusunCloud account panel. Your email to us must indicate that you will cease use of our advertising tools and remove them from Your Site. Upon receipt of your email, we will confirm removal of our tools from Your Site. Once confirmed, we will ensure that you receive final payment for any valid purchases that are pending commission payment.
Affiliates that are inactive for six (6) months and who have not withdrawn from the program (“Inactive Affiliates”) may, at SusunCloud’s sole discretion, be considered effectively withdrawn from the program.
OUR RESPONSIBILITY
SusunCloud is responsible for processing the order, cancellations, returns and other related customer service for SusunCloud products and services. However, SusunCloud will not be responsible for lost sales due to technical difficulties preventing SusunCloud from registering a domain name or providing any other product or service to the visitor. SusunCloud is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform in order to facilitate payments. SusunCloud does not, however, control the payment processing of commission payments to you by the platform which you selected.
SusunCloud will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way. Where payment happens through a third party platform, SusunCloud is responsible for payment to the platform you selected and the platform is specifically responsible for payment to you.
LIMITATION OF LIABILITY
SusunCloud shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its system or any third-party systems. With respect to passwords, account identifiers and other systems used to control access to your account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNITY AND DEFENSE
With respect to ICANN, the registry operators, and SusunCloud, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys’ fees and court costs, for third party claims relating to or arising under (i) Affiliate’s breach of or non-compliance with this Agreement, (ii) Affiliate’s use of the services, (iii) Affiliate’s violation or alleged violation of any applicable law, (iv) Affiliate’s violation or alleged violation of any rights of another, including violation of a person’s or entity’s intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate’s Web Site or Publishing Location, (vi) Affiliate’s acts or omissions in using, displaying or distributing any Links obtained from the Direct Affiliate Program or elsewhere, including but not limited to Affiliate’s use of Links via email distribution, or (vii) any assertion that SusunCloud is obligated to pay taxes in connection with a commission payment made by SusunCloud to Affiliate pursuant to this Agreement. In the context of this Section only, the term “SusunCloud” shall including SusunCloud’s officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with SusunCloud. Affiliate’s indemnification obligations set forth in this Section shall survive the expiration, cancellation or termination of this Agreement.
LEGAL AGE
You attest that you are of legal age to enter into this Agreement.
FINAL AGREEMENT
This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
NO AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating any agency, partnership, employer/employee or other form of joint enterprise between the parties hereto. Each party to this Agreement is an independent contractor and have no right or authority to bind or commit the other party. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
WAIVER
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
ENFORCEABILITY
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, riots and insurrections, war, terrorism, armed conflict, strikes and other labor difficulties (whether or not the party is in a position to concede to such demands), embargoes, judicial action, necessary labor, materials, energy, components or machinery, failure of telecommunications, lockout, boycott, supplier failures, shortages, breaches, or delays, or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over SusunCloud, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, SusunCloud may immediately terminate this Agreement.
GOVERNING LAW, JURISDICTION, WAIVER OF TRIAL BY JURY
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
HEADINGS
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
