Legal
Terms and Conditions
Effective date: May 15, 2021 — Last updated: June 10, 2024
These Terms and Conditions ("Agreement") govern the relationship between ArtiakCloud ("Company", "we", "us", or "our") and any individual or legal entity ("Client", "you", or "your") who accesses or uses the services available through artiakcloud.com. By creating an account, placing an order, or using any of our services, you confirm that you have read, understood, and agree to be legally bound by this Agreement in its entirety.
If you do not agree with any part of this Agreement, you must not access or use our services. We reserve the right to modify these Terms at any time in accordance with Section 19.
1 Definitions
- "Services" refers to all products and offerings provided by ArtiakCloud, including but not limited to Web Hosting, WordPress Hosting, Cloud Servers, Dedicated Servers, Domain Registration, and related infrastructure services.
- "Client Data" means all data, content, and materials that the Client stores, transmits, or processes using ArtiakCloud's infrastructure.
- "Account" refers to the registered user profile through which the Client accesses the ArtiakCloud control panel and services.
- "Order" means any purchase, subscription, or service activation initiated by the Client.
- "Acceptable Use Policy (AUP)" refers to Section 9 of this Agreement, which sets out prohibited uses of our services.
2 Account Registration and Eligibility
To access ArtiakCloud's services, you must:
- Be at least 18 years of age or the legal age of majority in your jurisdiction.
- Provide accurate, complete, and current registration information.
- Maintain the security of your account credentials and not share them with unauthorized third parties.
- Notify us immediately upon discovering any unauthorized access to your account.
You are solely responsible for all activity that occurs under your account. ArtiakCloud shall not be liable for any loss resulting from unauthorized use of your account caused by your failure to secure your credentials.
ArtiakCloud reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, particularly where we have reason to believe the account is being used in violation of this Agreement or applicable law.
3 Services Description
ArtiakCloud provides the following categories of services, subject to availability and applicable plan specifications:
- Shared Web Hosting: hosting accounts on shared infrastructure with defined storage, email, and bandwidth allocations.
- WordPress Hosting: managed WordPress environments with performance optimizations, staging, and pre-installed tooling.
- Cloud Servers (VPS): virtual private server instances with defined CPU, RAM, storage, and bandwidth resources.
- Dedicated Servers (Bare Metal): exclusive physical server hardware provisioned on a 12-month contractual basis.
- Domain Registration and Transfer: registration and management of domain names through accredited registrar partners.
Service specifications, features, and pricing are as published on artiakcloud.com at the time of purchase. ArtiakCloud reserves the right to modify service offerings with reasonable prior notice.
4 Orders, Billing, and Payment
4.1 Accepted Payment Methods
ArtiakCloud exclusively accepts payment in USDT on the TRC20 (Tron) network. No credit cards, bank transfers, or other fiat payment methods are accepted. By using our services, you acknowledge and accept this payment model.
4.2 Pricing and Invoicing
All prices are displayed in United States Dollars (USD). Invoices are issued in USD and must be settled in the USDT TRC20 equivalent at the time of payment. ArtiakCloud is not responsible for exchange rate fluctuations.
4.3 Billing Cycles
Services are billed on either a monthly or annual basis as selected at checkout. Dedicated Server plans are billed exclusively on an annual (12-month) basis. Annual plans are non-cancellable mid-term except as provided in Section 6.
4.4 Renewal and Late Payment
Services renew automatically at the end of each billing cycle unless the Client provides written cancellation notice at least 7 days before renewal. If payment is not received within 5 business days after the due date, ArtiakCloud reserves the right to suspend the service. If payment remains outstanding for 15 days, ArtiakCloud may terminate the service and permanently delete associated data without further notice.
4.5 Taxes
Prices listed on artiakcloud.com are exclusive of any applicable taxes. The Client is solely responsible for determining and remitting any applicable taxes, levies, or duties in their jurisdiction.
5 Service Level Agreement (SLA) and Uptime
ArtiakCloud commits to the following uptime targets for its infrastructure services:
- Shared and WordPress Hosting: 99.5% monthly uptime.
- Cloud Servers (VPS): 99.9% monthly uptime.
- Dedicated Servers: 99.9% monthly uptime (network and power availability).
Downtime caused by scheduled maintenance (with at least 24-hour advance notice), Client-initiated actions, third-party service failures, DDoS attacks beyond mitigation capacity, or force majeure events is excluded from uptime calculations.
In the event ArtiakCloud fails to meet the applicable SLA target in a given month, the Client may request a service credit equal to the pro-rated value of the downtime period. Credits must be requested within 15 days of the incident. Credits are the sole and exclusive remedy for service unavailability.
6 Cancellation and Refund Policy
6.1 Cancellation
The Client may cancel any service at any time through the client portal. Upon cancellation:
- Monthly services will remain active until the end of the current billing period.
- Annual services will not be refunded except as specified below.
6.2 30-Day Satisfaction Guarantee (New Accounts)
New Clients purchasing shared or WordPress Hosting for the first time are eligible for a full refund if they request cancellation within 30 calendar days of the initial service activation. This guarantee applies once per Client and does not apply to domain registrations, Dedicated Servers, or Cloud Server plans.
6.3 Non-Refundable Items
The following are strictly non-refundable under any circumstances:
- Domain registration, transfer, or renewal fees.
- Dedicated Server plans (annual contracts).
- Services already consumed or partially rendered.
- Accounts terminated for violations of this Agreement or the Acceptable Use Policy.
- Promotional or discounted plans.
7 Client Data, Backups, and Responsibility
ArtiakCloud may, as a courtesy, perform periodic infrastructure-level backups. However, backups are not guaranteed and should not be relied upon as the sole disaster recovery mechanism. The Client is solely responsible for:
- Maintaining their own independent backups of all Client Data.
- Ensuring the accuracy and legality of all content stored on ArtiakCloud infrastructure.
- Verifying that backups are functional, complete, and recoverable.
Upon service termination or account deletion, all Client Data may be permanently and irrecoverably deleted. ArtiakCloud shall have no liability for data loss.
8 Intellectual Property
The ArtiakCloud name, logo, website design, software, and all related intellectual property are the exclusive property of ArtiakCloud and are protected by applicable copyright, trademark, and intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use our platform solely for its intended purpose.
The Client retains all ownership rights over Client Data. By using our infrastructure, the Client grants ArtiakCloud a limited license to store, process, and transmit Client Data solely as necessary to deliver the contracted services.
9 Acceptable Use Policy
The Client agrees not to use ArtiakCloud's services, directly or indirectly, for any of the following prohibited activities:
- Hosting, distributing, or transmitting malware, ransomware, spyware, or any malicious code.
- Conducting or facilitating network attacks, port scans, DDoS attacks, or brute-force attacks against any system.
- Sending unsolicited bulk email (spam) or operating spam infrastructure.
- Hosting phishing pages, fraudulent sites, or impersonating third-party entities.
- Storing, distributing, or transmitting child sexual abuse material (CSAM) or any illegal content under applicable law.
- Engaging in cryptocurrency mining (proof-of-work) on shared or WordPress hosting plans.
- Circumventing access controls, exploiting security vulnerabilities, or unauthorized access to any computer system or network.
- Violating intellectual property rights, including copyright infringement and software piracy.
- Operating services or content that facilitate gambling, illegal weapons trade, or narcotics distribution.
- Violating any applicable local, national, or international law or regulation.
Violations of this AUP may result in immediate service suspension or termination without refund, at ArtiakCloud's sole discretion. We reserve the right to cooperate with law enforcement authorities and disclose Client information as required by law.
10 Dedicated Server Terms
Dedicated Server (Bare Metal) services are subject to the following additional terms:
- All Dedicated Server plans are contracted for a minimum period of 12 months. The Client acknowledges this non-cancellable commitment at the time of order.
- The Client has root/administrator access and is fully responsible for operating system configuration, software installation, security patching, and compliance.
- ArtiakCloud provides network connectivity, power, and physical hardware availability. Application-layer support is not included unless explicitly contracted.
- Hardware failures will be addressed within the SLA response times. In the event of a hardware failure beyond repair, ArtiakCloud will provision equivalent replacement hardware within 24 hours of confirmed fault diagnosis.
- The Client may not sublease, resell, or grant third-party access to Dedicated Server resources without prior written authorization from ArtiakCloud.
11 Domain Registration Terms
Domain registrations are subject to the policies of the relevant registries and ICANN. The Client acknowledges:
- Domain registration fees are non-refundable once processed.
- The Client is the registrant of record and is responsible for maintaining accurate WHOIS contact information.
- ArtiakCloud acts as a reseller/registrar on behalf of the Client and may not guarantee domain availability until confirmed by the registry.
- Domains not renewed before their expiration date may enter a redemption or deletion grace period during which recovery may incur additional fees.
- ArtiakCloud is not responsible for domain disputes, trademark conflicts, or registry-imposed suspensions.
12 Limitation of Liability
To the fullest extent permitted by applicable law:
- ArtiakCloud's total cumulative liability to the Client for any and all claims arising from or relating to this Agreement shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.
- ArtiakCloud shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of revenue, loss of data, loss of business opportunity, or business interruption.
- ArtiakCloud makes no warranty that its services will be uninterrupted, error-free, or free from harmful components.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, ArtiakCloud's liability is limited to the maximum extent permitted by applicable law.
13 Indemnification
The Client agrees to indemnify, defend, and hold harmless ArtiakCloud and its officers, directors, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- The Client's use of ArtiakCloud's services.
- Client Data stored or transmitted through ArtiakCloud's infrastructure.
- The Client's violation of this Agreement, the AUP, or any applicable law or regulation.
- Any third-party claim arising from content hosted by the Client on ArtiakCloud's platform.
14 Confidentiality
Each party agrees to keep confidential any non-public information received from the other party in connection with this Agreement ("Confidential Information"). Each party will use Confidential Information solely for the purpose of performing its obligations under this Agreement and will not disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of the Agreement for a period of three (3) years.
15 Privacy
ArtiakCloud processes personal data in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. By using our services, you consent to such processing.
16 Force Majeure
Neither party shall be liable for delays or failure to perform its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, government actions, internet backbone failures, or large-scale power outages ("Force Majeure Event"). The affected party must promptly notify the other and use commercially reasonable efforts to resume performance as soon as practicable.
17 Suspension and Termination
ArtiakCloud may suspend or terminate services immediately and without prior notice if:
- The Client violates this Agreement or the Acceptable Use Policy.
- The Client's account is involved in fraudulent, abusive, or illegal activity.
- The Client's services pose a material risk to the security or performance of ArtiakCloud's infrastructure or other clients.
- Payment is overdue by more than 15 days.
Upon termination, all licenses granted under this Agreement cease immediately. The Client remains liable for any outstanding fees incurred prior to termination.
18 Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with applicable international commercial law principles. In the event of any dispute arising from or in connection with this Agreement, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation within 30 days of written notice of the dispute.
If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration under the rules of the International Chamber of Commerce (ICC), conducted in the English language. The arbitration award shall be final and binding.
19 Changes to This Agreement
ArtiakCloud reserves the right to amend these Terms and Conditions at any time. When material changes are made, we will update the "Last updated" date and notify Clients via email or a prominent notice in the client portal at least 14 days before the changes take effect. Your continued use of the services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cease using our services before the effective date.
20 Entire Agreement and Severability
This Agreement, together with our Privacy Policy and any order-specific terms, constitutes the entire agreement between you and ArtiakCloud and supersedes all prior negotiations, representations, and agreements relating to its subject matter. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
21 Contact Us
For any questions regarding these Terms and Conditions, please contact us: