TERMS OF SERVICE

Effective Date: 8 October 2026

1. General Terms and Acceptance

These Terms of Service (“TOS”, “Terms” or “Agreement”) apply to your use of the CloudMinister Technologies website and all services, features, products, infrastructure, support and content provided by CloudMinister Technologies Pvt Ltd, operating under the trade name “CloudMinister Technologies” (“CloudMinister”, “Company”, “we”, “us” or “our”).

By purchasing, accessing, activating, renewing or using any Service, you (“Customer”, “you” or “your”) acknowledge that you have read, understood and agree to be bound by these Terms, together with any applicable order form, quotation, service description, SLA, acceptable use policy, privacy policy and third-party terms incorporated by reference.

These Terms apply throughout the applicable service term and any renewal term. Customer shall use only lawful, properly licensed and authorized software, content, data and services in connection with the Services.

The latest version of these Terms will be made available through the CloudMinister website. Where a Service-specific agreement or signed order expressly conflicts with these Terms, the more specific signed document will control for that Service to the extent of the conflict.

2. Service Availability and Operational Conditions

CloudMinister will use commercially reasonable efforts to provide Services with a target service availability of 99.9% for Services to which an uptime commitment expressly applies. No uptime commitment applies to a Service unless expressly stated in the applicable quotation, order, SLA or service description.

Scheduled maintenance, emergency maintenance, Customer-caused incidents, Customer configuration or coding errors, third-party service failures, upstream provider failures, force majeure events, internet routing failures, DNS propagation, abuse/security incidents, suspension or restriction permitted under these Terms, and other events outside CloudMinister’s reasonable control are excluded from availability calculations.

CloudMinister may migrate, replace, upgrade, reconfigure or relocate infrastructure, including data centres and network infrastructure, where reasonably necessary for security, compliance, capacity, maintenance, resilience or operational reasons. Such changes may result in changes to IP addresses or other technical parameters.

Any service credit or other remedy for an applicable availability commitment must be expressly stated in the applicable SLA or service order and, unless otherwise agreed in writing, will be the Customer’s exclusive monetary remedy for failure to meet that commitment.

3. Content and Acceptable Use

Services may be used only for lawful purposes and in compliance with applicable laws, regulations, contractual restrictions and CloudMinister policies.

The following activities are prohibited, whether performed directly or indirectly through a Customer, User, application, script, server or account:

Illegal content or activity, infringement of intellectual property rights, phishing, malware, ransomware, fraud, trafficking, exploitation or other unlawful activity.

Unauthorized access, credential theft, password cracking, vulnerability exploitation, port scanning, IP-range scanning, network probing or attempts to compromise systems or accounts.

Denial-of-service attacks, traffic flooding, deliberate service disruption or attempts to interfere with the availability of any system or network.

Spam, unsolicited bulk email, open relay services, anonymous remailers, mail bombing, spam-support infrastructure or activities that cause CloudMinister IP space to be listed on abuse or spam databases.

Hosting or distributing pirated software, warez, unauthorized copyrighted material, illegal downloads, hacking tools, exploits, viruses, Trojans or similar malicious material.

Hosting or facilitating prohibited gambling, illegal pharmaceutical/drug activity, explosives-related activity, unlawful financial schemes, cryptocurrency mining where prohibited by the applicable Service, or other prohibited activities identified in CloudMinister’s Acceptable Use Policy.

Child sexual abuse material or exploitative content. Any such content may result in immediate suspension or termination and referral to appropriate authorities where legally required.

Any other activity reasonably determined by CloudMinister to create a material security, legal, operational, reputational or resource risk to CloudMinister, its providers, other customers or the Internet ecosystem.

CloudMinister may investigate suspected violations and may suspend, restrict, isolate, remove or terminate affected Services where reasonably necessary to protect systems, comply with law, respond to abuse, prevent continuing harm or enforce these Terms.

4. Resource Usage and “Unlimited” Services

Where a plan is marketed as “Unlimited”, unlimited means that CloudMinister does not impose a fixed quota for the specific resource described, subject always to normal use, fair use, technical limitations, security requirements and these Terms.

Unlimited plans are designed for ordinary website and small-business hosting requirements and are not intended to function as general-purpose file storage, backup repositories, media repositories, archival storage, software distribution platforms, testing farms, torrent/P2P services, or other uses that materially differ from ordinary website hosting.

CloudMinister may throttle, restrict, isolate, migrate or require an upgrade where Customer usage materially affects the stability, performance, security or availability of shared infrastructure or other customers.

The specific resource thresholds published for a particular hosting plan may be updated from time to time where reasonably necessary for platform stability. Current plan-specific limits will apply to the applicable Service.

5. VPS and Dedicated Infrastructure

For unmanaged or self-managed VPS, cloud and dedicated infrastructure, Customer is responsible for operating-system configuration, DNS, user accounts, application configuration, mail configuration, security hardening, patches, backups and other administration unless those functions are expressly included in a managed service.

Resource limits for VPS, cloud and dedicated infrastructure are determined by the purchased plan and allocated resources. Customer remains responsible for ensuring that applications and workloads are compatible with the selected platform.

6. Email and Messaging

Unsolicited commercial or bulk email is prohibited. CloudMinister may restrict, suspend or terminate email functionality where abuse, spam complaints, reputation damage or policy violations are detected.

Where outbound email limits are published for a plan, those limits are operational controls and may be adjusted for security, reputation, provider requirements or abuse prevention. CloudMinister does not guarantee inbox placement or delivery to any particular recipient, domain or mailbox.

Customers are responsible for maintaining valid sender identities, appropriate authentication, mailing-list consent, content compliance and applicable anti-spam/legal requirements.

7. Backup and Data Recovery

Unless a paid backup or managed backup service is expressly included in the Customer’s order, Customer is solely responsible for maintaining independent backups of all Customer Content and for validating that such backups can be restored.

CloudMinister does not warrant that any backup exists, is complete, is current, is error-free or can be restored unless an applicable backup service expressly provides otherwise.

Where a paid backup service is purchased, the applicable backup scope, frequency, retention and exclusions will be those stated in the relevant service description or order. Backup copies may exclude items such as email, media or other data where the applicable service description states such exclusions.

Customer acknowledges that backups are not a substitute for disaster-recovery planning and remains responsible for maintaining recovery requirements appropriate to its business.

8. Domains

Domain registrations, transfers and renewals are subject to the rules, policies and availability of the applicable domain registry and registrar. Domain registration or renewal fees are generally non-refundable once processed, except where mandatory law requires otherwise.

Customer is solely responsible for selecting a lawful domain name and ensuring that its registration and use do not infringe any trademark, copyright, trade name or other third-party rights.

Failure to renew a domain before expiry may result in suspension, expiry, redemption charges, loss of the domain or other consequences imposed by the applicable registry. CloudMinister is not responsible for loss arising from Customer’s failure to renew on time.

9. Reseller Services

Shared hosting accounts may not be used to resell hosting. Customers wishing to resell Services must use an applicable reseller plan.

Resellers are responsible for their end customers, including customer support, billing, content, lawful use, account administration and compliance with these Terms. Resellers must ensure that their customers and users comply with all applicable CloudMinister policies.

CloudMinister may take action against a reseller where activity by the reseller or its customers violates law, policy, security requirements or these Terms.

10. Third-Party Products and Services

CloudMinister may provide or resell third-party products, software, cloud services, licenses, infrastructure or support. Such third-party offerings remain subject to the applicable provider’s terms, service limitations, policies, warranties and acceptable use requirements.

To the maximum extent permitted by law, CloudMinister is not responsible for the acts, omissions, outages, modifications, discontinuation, defects, vulnerabilities, pricing changes or policy changes of independent third-party providers.

Customer’s rights relating to a third-party product may be limited to the rights made available by that third-party provider. CloudMinister will use commercially reasonable efforts to assist with commercially appropriate third-party escalations but does not guarantee a third party’s resolution.

Applicable third-party terms are incorporated by reference where relevant to the purchased Service.

11. Account Security and Customer Responsibilities

Customer is responsible for protecting account credentials, API keys, passwords, authentication methods and access permissions. Customer must use appropriate security controls and must promptly notify CloudMinister of suspected unauthorized access or compromise.

Customer must not use its account to access, probe, compromise or interfere with another account, network, system or service without express authorization.

Customer is responsible for the security of applications, scripts, configurations and credentials under its control, including where a vulnerability or compromise arises from Customer software, weak credentials, outdated software or improper configuration.

CloudMinister may monitor systems and network activity where reasonably necessary to protect security, investigate abuse, comply with law, enforce these Terms or operate the Services. Monitoring does not create an obligation to detect every security incident.

12. Billing, Taxes and Refunds

Fees are payable according to the applicable invoice, quotation, order or billing schedule. Prices may be exclusive of applicable taxes unless expressly stated otherwise. Customer is responsible for applicable taxes, duties, levies and government charges.

CloudMinister may suspend or restrict Services for overdue amounts after reasonable notice where commercially practicable. CloudMinister may require payment of outstanding amounts before activating additional Services.

Refund eligibility is determined by the applicable Service’s published refund policy or order terms. Unless expressly stated otherwise, domain fees, licenses, setup fees, cloud consumption, dedicated infrastructure, VPS/cloud services, managed support, paid support, SSL, third-party licenses and other non-refundable items are not refundable once provisioned or consumed, except where required by applicable law.

Where a refund is approved, CloudMinister may deduct taxes, payment processing charges, non-refundable third-party costs, domain charges, consumed services and other amounts properly due.

Billing disputes should be raised promptly with the CloudMinister billing team at [email protected]. Customer must continue to pay undisputed amounts while a billing dispute is being reviewed.

13. Suspension and Termination

CloudMinister may suspend or restrict Services where reasonably necessary due to non-payment, security risk, suspected fraud, abuse, unlawful activity, violation of these Terms, third-party provider requirements, resource abuse, or a material risk to CloudMinister’s systems or other customers.

Where practicable and where immediate action is not required for security, law or abuse prevention, CloudMinister will provide notice and a reasonable opportunity to cure the issue.

Customer may request cancellation through the applicable customer portal or other approved channel. Customer remains responsible for fees incurred through the effective cancellation date.

Upon termination, Customer is responsible for obtaining all required backups before the termination date. Following termination and expiration of any applicable retention period, CloudMinister may permanently delete Customer Content and is not responsible for restoring deleted data unless otherwise agreed in writing.

14. Intellectual Property and Customer Content

Customer retains its ownership rights in Customer Content, subject to the rights necessary for CloudMinister and its providers to host, process, transmit, secure and provide the Services.

Customer represents that it has all rights, permissions, licenses and lawful authority necessary for CloudMinister to process and host Customer Content as required to provide the Services.

CloudMinister retains all rights in its platforms, systems, software, documentation, trademarks, processes, methodologies and other intellectual property except for rights expressly granted to Customer.

15. Customer Indemnification

Customer shall defend, indemnify and hold harmless CloudMinister Technologies Pvt Ltd and its affiliates, officers, directors, employees, agents, contractors, licensors and service providers from and against claims, demands, proceedings, damages, losses, liabilities, penalties, costs and reasonable legal fees arising out of or relating to:

Customer Content or Customer’s products, services or business activities;

Customer’s or its users’ breach of these Terms, an order, an applicable policy or applicable law;

Customer’s infringement or alleged infringement of intellectual property, privacy, publicity or other rights of a third party;

Customer’s misuse of the Services, security compromise caused by Customer, or unauthorized activity conducted through Customer-controlled credentials or systems;

claims by Customer’s customers, users, employees, contractors or other third parties arising from Customer’s acts or omissions; or

Customer’s violation of third-party terms applicable to services used through the CloudMinister platform.

CloudMinister will provide reasonably prompt notice of an indemnified claim where practicable and may permit Customer to control the defense and settlement, provided that Customer may not settle any claim in a manner that admits fault by, imposes obligations on, or restricts the rights of CloudMinister without CloudMinister’s prior written consent.

This indemnity is intended to be in addition to, and not in substitution for, any other contractual or legal remedy available to CloudMinister.

CloudMinister may provide recommendations, assessments, monitoring, management, optimization and technical support; however, Customer remains responsible for decisions concerning its business operations, applications, data and regulatory obligations.

reviewing and approving material infrastructure or configuration changes where Customer approval is required.

maintaining appropriate backups where backup services are not expressly included in the SOW; and

implementing Customer-side security controls;

complying with applicable laws and regulations;

maintaining required licenses;

appropriate identity and access management;

user access and credentials;

accuracy and legality of Customer data;

business logic and application-level security;

its applications and application code;

Customer remains responsible for:

16. Disclaimer of Warranties

Customer acknowledges and agrees that CloudMinister Technologies Pvt Ltd (“CloudMinister”) may procure, provision, integrate, manage, configure, or support cloud infrastructure, software, hardware, technology solutions, licenses, services and updates provided by third-party cloud service providers, technology vendors, manufacturers, telecommunications providers, data centres and other service providers (“Third-Party Services”).

Except as expressly stated in this Agreement, an applicable Statement of Work (“SOW”), service order or SLA, CloudMinister provides Third-Party Services on an “AS-IS” and “AS-AVAILABLE” basis to the extent permitted by the applicable third-party provider terms.

CloudMinister does not make or provide any express or implied warranty regarding the availability, performance, functionality, security, compatibility, reliability, merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation of Third-Party Services, cloud infrastructure, software, hardware, applications, networks or technology solutions.

CloudMinister shall not be responsible for defects, interruptions, outages, service degradation, performance issues, vulnerabilities, changes, limitations or failures attributable to third-party providers, except to the extent directly caused by CloudMinister’s failure to perform an expressly agreed Service.

Customer acknowledges that cloud services and technology environments are subject to changes, maintenance, upgrades, service limitations, regional outages, capacity constraints, security events and other circumstances that may be outside CloudMinister’s reasonable control.

No statement, representation, recommendation, estimate or communication made by any CloudMinister employee, representative or agent shall create a warranty, guarantee or obligation unless expressly incorporated into this Agreement or the applicable SOW in writing.

16.1 No Guarantee of Cost Savings or Business Results

CloudMinister does not guarantee any specific cost savings, reduction in cloud expenditure, business performance, revenue, profits, return on investment (“ROI”), availability, performance improvement or other financial or commercial outcome from the Services.

Any cost optimization, cloud savings, partner discounts, credits, promotional benefits or pricing advantages discussed or estimated by CloudMinister are subject to actual usage, applicable cloud provider pricing, eligibility criteria, promotional terms, contractual terms, configuration, consumption patterns and other factors.

16.2 Cyber-Attacks and Security Disclaimer

Customer acknowledges that no cloud infrastructure, network, application, system or security solution can be guaranteed to be completely secure or immune from cyber-attacks, unauthorized access, malware, ransomware, data breaches, vulnerabilities or other malicious activity.

CloudMinister does not warrant or guarantee that its Services will prevent, detect, contain, mitigate or eliminate every attempted or successful cyber-attack or security incident.

The security of Customer’s environment depends on multiple factors, including Customer’s applications, configurations, credentials, access controls, employees, users, third-party applications, cloud provider services, software vulnerabilities, security practices and the scope of Services selected by Customer.

Accordingly, a successful or attempted cyber-attack, security incident, data breach, malware infection, ransomware event, unauthorized access or similar incident shall not, by itself, constitute a breach of this Agreement by CloudMinister.

CloudMinister shall not be liable for any security incident, data loss, data corruption, business interruption, regulatory penalty or other loss resulting from circumstances outside CloudMinister’s reasonable control or from Customer’s systems, applications, configurations, credentials, personnel, third-party services or failure to follow recommended security practices.

Where security monitoring, backup, firewall, vulnerability management, incident response or other security services are expressly included in the applicable SOW, CloudMinister shall perform those Services in accordance with the agreed scope and service levels. However, such Services shall not be construed as an absolute guarantee against cyber-attacks or security incidents.

CloudMinister does not guarantee that all malware, malicious activity, vulnerabilities or unauthorized activity will be detected, prevented, quarantined, removed or recoverable, or that all deleted, corrupted, encrypted or compromised data will be recoverable.

17. Limitation of Liability

The limitations contained in this Section constitute a material and negotiated allocation of risk between CloudMinister and Customer.

To the maximum extent permitted by applicable law, CloudMinister, its directors, officers, employees, representatives, affiliates, agents, contractors, licensors and subcontractors shall not be liable to Customer or any third party for any indirect, incidental, special, consequential, exemplary, punitive or other similar damages arising out of or relating to the Services, including, without limitation:

loss of profits, revenue, business opportunities or anticipated savings;

loss, corruption, destruction or unauthorized disclosure of data;

business interruption or downtime;

loss of goodwill or reputation;

cyber-attacks, malware, ransomware or data breaches;

unauthorized access or system changes;

cloud provider outages or service interruptions;

internet, telecommunications or network failures;

hardware or software failures outside CloudMinister’s reasonable control;

Force Majeure Events;

regulatory fines or penalties, except to the extent directly caused by CloudMinister’s intentional misconduct or gross negligence where such exclusion is prohibited by applicable law;

cost of obtaining replacement services, products, systems or infrastructure; or

any other indirect or consequential loss.

To the maximum extent permitted by applicable law, CloudMinister shall not be subject to any fixed, aggregate, annual, monthly, per-incident, service-fee-based or other monetary cap on liability under this Agreement. Nothing in this Agreement shall be interpreted as establishing a maximum monetary ceiling on CloudMinister’s liability.

The absence of a contractual monetary cap does not create liability where liability is otherwise excluded under this Agreement or is not legally recoverable. The exclusions, disclaimers and allocation of risk set out in this Agreement remain applicable to the fullest extent permitted by law.

Nothing in this Agreement excludes or limits liability to the extent such limitation is prohibited by applicable law.

17.1 Customer Indemnity

Customer shall indemnify, defend and hold harmless CloudMinister, its directors, officers, employees, representatives, affiliates, agents, contractors, licensors and subcontractors from and against any third-party claims, demands, actions, proceedings, liabilities, damages, losses, penalties, costs, expenses and reasonable attorneys’ fees arising out of or relating to:

Customer’s use of the Services;

Customer’s applications, software, content, data, systems or infrastructure;

Customer’s violation of applicable laws, regulations or third-party rights;

Customer’s unauthorized use of cloud infrastructure, software, accounts, credentials or services;

any breach of Customer’s obligations under this Agreement;

any claim arising from Customer-provided data, materials, applications or instructions;

any cyber-attack, security incident or data breach to the extent caused by Customer, Customer’s users, applications, configurations, credentials or failure to implement reasonable security controls; or

any claim made by a third party arising from Customer’s business operations or use of the Services.

Customer shall not be required to indemnify CloudMinister to the extent that a final determination by a competent court establishes that the applicable claim was directly caused by CloudMinister’s intentional misconduct.

CloudMinister shall reasonably notify Customer of any indemnifiable claim and shall provide reasonable cooperation, at Customer’s expense, in the defense of such claim. Customer may control the defense and settlement, provided that no settlement may admit fault by, impose obligations on, or restrict the rights of CloudMinister without CloudMinister’s prior written consent.

17.2 Service Conflicts, Changes and Downtime

Customer acknowledges that cloud environments and managed technology infrastructures involve multiple interconnected systems, platforms, networks, applications, software components, cloud providers and third-party services. Accordingly, compatibility issues, configuration conflicts, performance degradation, service interruptions, maintenance events or downtime may occasionally occur.

CloudMinister does not guarantee that such conflicts, interruptions or downtime will never occur. CloudMinister will use commercially reasonable efforts to identify, troubleshoot and resolve issues that fall within the agreed scope of Services.

CloudMinister shall not be responsible for conflicts, interruptions or downtime caused by third-party cloud providers, Customer applications or configurations, unauthorized changes, internet or telecommunications failures, Force Majeure Events or other circumstances outside CloudMinister’s reasonable control.

The number of service tickets, support requests, incidents or communications submitted by Customer shall not, by itself, constitute evidence of CloudMinister’s breach or default under this Agreement.

17.3 Third-Party Cloud Providers

Where CloudMinister provides or manages services from third-party providers such as AWS, Microsoft Azure, Akamai/Linode, Google Cloud Platform or other technology providers, those services remain subject to the applicable provider’s terms, policies, service descriptions, pricing, availability and limitations.

CloudMinister shall not be responsible for any failure, suspension, modification, pricing change, service limitation, outage or discontinuation attributable to such third-party providers, except to the extent directly caused by CloudMinister’s failure to perform its expressly agreed management obligations.

17.4 Customer Responsibility

18. Force Majeure

CloudMinister shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of government, war, terrorism, civil unrest, sabotage, embargo, fire, flood, natural disaster, epidemic or pandemic, labor disruption, power failure, telecommunications failure, Internet routing failure, third-party provider outage, hardware or software failure outside CloudMinister’s reasonable control, supply interruption, cyberattack, or other events beyond reasonable control.

During a force majeure event, CloudMinister may take reasonable steps to protect infrastructure, Customer data, service continuity and other customers. Performance obligations affected by the event will be suspended to the extent and for the duration reasonably necessary.

19. Compliance, Privacy and Data Protection

Each party shall comply with applicable laws relevant to its performance under these Terms. Customer is responsible for determining whether the Services are appropriate for its regulatory, privacy, security, data residency and compliance requirements.

Where CloudMinister processes personal data on Customer’s behalf, the parties shall comply with applicable data-protection requirements and any applicable data-processing terms or agreement. Customer remains responsible for providing lawful instructions, notices and consents required for its data and use of the Services.

20. Changes to Services and Terms

CloudMinister may modify, discontinue, replace or update Services, features, pricing, infrastructure or policies from time to time. Where reasonably practicable, material changes affecting an active paid Service will be communicated through the website, customer portal, email or other reasonable means.

Changes required for legal, security, regulatory, third-party provider or infrastructure reasons may take effect immediately where necessary. Continued use of the Services after an effective change constitutes acceptance of the updated Terms, subject to any rights that cannot legally be waived.

21. Third-Party Beneficiaries

Except where expressly stated, these Terms do not create rights for any person other than CloudMinister and Customer. Third-party providers may enforce provisions that expressly relate to their products or services where their applicable terms so provide.

22. Dispute Resolution and Governing Law

The parties will first use reasonable efforts to resolve disputes through good-faith consultation and negotiation.

These Terms and disputes arising from or relating to them shall be governed by the laws of India. Subject to any mandatory law applicable to a consumer or other protected party, the courts at Jaipur, Rajasthan, India shall have exclusive jurisdiction over disputes arising from or relating to these Terms.

23. Notices and Communications

Customer agrees that CloudMinister may communicate operational, billing, security, legal and service-related notices through the customer portal, registered email address, website notices or other reasonable electronic means.

Customer is responsible for keeping account and contact information current.

24. Severability, Waiver and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.

Failure to enforce a provision does not constitute a waiver of the right to enforce that provision later.

These Terms, together with applicable orders, service descriptions, SLAs, policies and incorporated third-party terms, constitute the agreement governing the Services and supersede prior representations relating to the same subject matter, except for written commitments expressly incorporated into a signed agreement.

25. Third-Party Terms and References

Where Customer purchases or uses third-party products or services through CloudMinister, the applicable provider terms may apply in addition to these Terms. The following providers were referenced in the source Terms and should be reviewed for current URLs before publication:

26. Acceptance

By purchasing, activating, renewing or using any CloudMinister Service, Customer confirms that it has reviewed and accepted these Terms, together with any applicable order, SLA, service description, acceptable use policy, privacy policy and third-party terms.