We strived to write these terms in plain English and hope you appreciate that we could fill them with lots of legalese, but we don't work that way and neither do most of our customers.
This is a contract between you (the customer) and us (Absolute Devops Ltd, the owners and operators of Civo.com). We provide cloud services such as cloud servers, online storage space and other products as may be launched in the future. We do not tie you in to any long term contract, you can cancel at any time and only pay for what you've used. If you decide to finish using our services or your account is terminated for violating these terms, you'll only pay for services you've used up until that time.
We may change these terms and the Service Level Agreement from time to time. The latest version will always be here, and you'll always have 30 days grace from a new version being put on this site when the old terms are still valid.
Payment for cloud services is billed at the end of the month, for the usage within the previous month. This is billed on an hourly basis, in UK pounds (although we will show the approximate equivalents in US dollars and Euros for ease). As a UK-based business, these transactions generally attract Value Added Tax at the current rate (at the time of writing this is 20%).
We will automatically try to take payment for any services used. If your payment fails a few times within a year, we may require you to pay money into your account to get in credit with us.
If you fail to make payment within 14 days of the invoice being issued we reserve the right to terminate your services without further notice, although at our discretion we will likely try to contact you first. If you have other accounts, we will terminate those as well, not just the failed account.
We will do everything to keep the services running all of the time, however, we're only human and even computers aren't perfect so sometimes there may be problems. These problems may be in the outage of a service, unauthorised access or intangible losses. In the event of an outage, we have a very generous SLA where we'll credit you 10x the amount you'd have paid for every service affected during the outage, limited to the invoice value for the month it happened it. If it's not something we could reasonably be expected to control, we'll apologise but can't pay for someone else's fault (even if it's an Act of God). In all other events, we will not pay any more in compensation than the amount paid for services in that month.
We recommend that all customers back up any important data because we can't be held liable for any loss of data.
We will (where possible) notify you of any takedown notices, or legal requests for your information. However, if your servers are found to be engaged in any of the following, we will proactively share your information with law enforcement agencies:
- C&C Nodes, botnets
- DDoS attacks
- Net abuse of any kind
You assume responsibility for all repercussions your domains, websites and content have "out there" in the world. If any of it becomes our problem (i.e. we are named in a lawsuit because of something you did) you have to completely take responsibility or we'll get our legal team to do it. The bottom line is - if you get us in trouble and don't protect us we will fight back to save ourselves.
4. Contract Length
We don't want you to feel tied in to us. You can cancel your services at any time, and you'll only be billed for the hours used (in a minimum block of one hour, so even 1 nanosecond of a server being live will cost an hour's fee). If you have domain names registered with us, we will transfer them away to a registrar of your choosing without any fee from our side.
To stop being charged by us all you need to do is destroy all your services. If you want us to completely remove all record of your account, simply email us at firstname.lastname@example.org. If you are found to be in breach of our Acceptable Usage Policy, we may take mitigating steps (i.e. suspending the instance(s) in question, or blocking network traffic), in general the first step will be for us to try to get in touch with you to discuss the problem.
It's your responsibility to keep your contact details up-to-date. If we can't get in touch with you and the problem is more severe, and we don't get a fairly immediate response we may terminate your account from our side.
6. Acceptable Usage Policy
You aren't allowed to host content that infringes on someone else's copyright. You aren't allowed to host offensive material (obscene material or pornography, child or otherwise, any form of hate speech), nor sites that are illegal in the UK (e.g. drug sales, promoting violence) and not sites that are likely to offend, harass, upset, alarm or annoy people. Anything hacking related, whether it's hosting tools, discussing techniques or using our services to hack others is unacceptable too.
Our hosting is based around sharing resources, so if you are doing something that is affecting other customers then you may be asked to leave by the nearest exit. Another type of usage that's not acceptable is running an open web proxy or open mail relay. You may be unaware that you're doing it but if you are we'll try to help you close it before suspending the service, but obviously this will leave potentially anonymous customers to violate this policy, so it won't be tolerated for long. As a specific example, using instances to mine/generate cryptocurrencies is unacceptable.
Everyone hates spam, including us. If you are sending spam out, we're likely to kill your account immediately – so don’t even try it.
We hate long lists of "you can't do this, you can't do that", but hopefully you'll agree the above list is reasonable. We do reserve the right to consider other things to be unacceptable, we just may not have considered them until you try it. In that situation, we'll notify you as soon as possible that it's unacceptable and work with you to bring them into compliance before showing you the door.
If your customers breach this AUP on services you give them access to, it applies with regards to our termination policy just as if you had done it yourself.
If you wish to run penetration or stress tests against the environment, as these are often indistinguishable from attacks or unacceptable usage, you must contact us first to ask for permission and to agree a schedule. We won't unreasonably withold permission.
Customers maintain ownership and copyright of any customer content, code, design or other materials uploaded to Civo.
We do not access or use customer content for any purpose other than as legally required and for maintaining the Civo services and providing them to our customers and their end users. We never use customer content or derive information from it for marketing or advertising.
8. Club 100 Membership
Members of Club 100 are users accepted during the first beta phase. If you are a Club 100 member this will be obvious because of a badge visible when you login to your account.
Each member will receive a credit on their invoices up to the value of £20 per month to use against any chargeable Civo services such as instances and snapshots.
If your Club 100 account is unused for 6 months we reserve the right to remove your Club 100 membership and free allocation.
We expect Club 100 members to provide regular feedback during the beta process. If you don't, we reserve the right to remove your Club 100 membership and free allocation.
Last updated: Thursday 20th of October 2016