General Terms

2. Agreement, Scope and Order of Precedence

These General Terms apply to services supplied by RTP99 LLC, trading as CloudYork (CloudYork). A confirmed order, service description, service-level agreement, service-specific terms, privacy terms, data processing terms, acceptable-use rules or another written agreement may add to these Terms. For an affected service, the more service-specific written terms take precedence if documents conflict.

Enquiries, quotations and discussions do not by themselves create a service agreement. The agreement begins when CloudYork accepts or confirms the order.

3. Eligibility, Account Information and Authority

The Customer must have authority and legal capacity to enter this agreement, provide accurate account, contact and billing information, and keep it current. The Customer must not impersonate another person or entity or use false information.

The Customer is responsible for authorised users and activity conducted through its account.

4. Orders and Service Activation

Orders may be subject to technical, geographic, registry, provider, payment and compliance checks. CloudYork may reasonably decline an order where necessary. A proposed or quoted service is not active until confirmed.

Activation times are estimates unless CloudYork expressly guarantees a time in writing.

5. Services and Service Scope

The confirmed order and applicable service description define the service scope. Work, features or administration outside that scope are not automatically included.

Managed responsibilities exist only when expressly described as managed. Support assistance does not transfer ongoing administration responsibility to CloudYork.

6. Customer Content and Customer Responsibilities

The Customer is responsible for its websites, applications, files, databases, email content, customer-controlled DNS, software, licences, scripts, plugins, users and configurations. The Customer must hold all necessary rights and comply with applicable law and third-party rights.

The Customer must keep its content and configurations suitable for its intended use and promptly address issues within its control.

As between the Customer and CloudYork, the Customer retains ownership and all other rights in Customer Content. The Customer grants RTP99 LLC, trading as CloudYork, a limited, non-exclusive right to host, store, copy, transmit, process, back up and otherwise handle Customer Content only as reasonably necessary to provide, secure, maintain, support and operate the Services. This permission extends to CloudYork’s infrastructure and service providers only to the extent necessary for them to support delivery of the Services. It does not transfer ownership or grant marketing or publication rights. The Customer represents that it has all rights and permissions necessary for this processing.

7. Account Security and Shared Responsibility

CloudYork is responsible for infrastructure and components under its administrative control. The Customer is responsible, where applicable, for credentials, strong passwords, MFA, application and website security, CMS software, plugins, themes, operating systems on unmanaged services, API credentials, users, permissions, devices and customer-controlled configuration.

The Customer must use reasonable security measures and promptly report suspected compromise. Except where applicable law requires otherwise, CloudYork is not responsible for unauthorised access caused by compromised customer credentials, insecure customer software, customer-controlled configuration or access intentionally granted by the Customer.

8. Backups, Data Integrity, Restoration and Data Loss

The Customer must maintain current, independent copies of business-critical data, including at least one copy outside the CloudYork service containing the primary data, and periodically check that its own backups are usable and restorable. CloudYork backup, snapshot, replication or restoration features, where provided, are additional operational safeguards and must not be the Customer’s sole backup.

Backup systems can experience failed or incomplete jobs, corruption, unavailable restore points, delays, provider or storage failures and unsuccessful restoration. Where a service expressly includes a backup feature or retention commitment, CloudYork will provide it according to the applicable service description. Unless an express written SLA states otherwise, CloudYork does not guarantee that every backup or restore attempt will succeed.

Cancellation, expiration, non-renewal, service deletion, server reinstall, customer deletion, certain configuration changes or termination may permanently delete data. The Customer must export required data beforehand. CloudYork has no indefinite retention obligation unless required by law or promised in writing; to the fullest extent permitted by law, any later recovery attempt is made on a best-effort basis and is not guaranteed.

9. Acceptable Use and Prohibited Activity

Services must not be used for unlawful activity, malware, phishing, credential theft, botnets, attacks, unauthorised scanning or exploitation, spam, unsolicited bulk messaging, fraud, rights infringement, privacy violations, abusive resource use, bypassing technical or security restrictions, or activity that harms CloudYork, customers, suppliers, networks or reputation.

CloudYork may investigate and reasonably block, isolate, rate-limit, restrict, suspend or terminate harmful activity, subject to applicable mandatory rights.

The Customer must use the Services in compliance with applicable export-control, import-control, trade-sanctions and similar laws and must not use, export, re-export, transfer or make the Services available where doing so would cause CloudYork to violate applicable law.

CloudYork may reasonably restrict or refuse service where necessary to comply with applicable sanctions, export-control or other legal requirements.

10. Suspension and Emergency Actions

CloudYork may temporarily or immediately restrict a service where reasonably necessary because of a security threat, attack, abuse, legal, provider or registry requirement, suspected fraud, non-payment, infrastructure stability, risk to others or a material breach.

CloudYork may give notice where practicable, but advance notice is not required when delay would create or increase risk.

11. Service Availability, Maintenance and Changes

CloudYork aims to provide reliable service but does not guarantee uninterrupted or 100% availability unless an express written SLA applies. Planned, emergency and security maintenance may affect service, and emergency work may occur without advance notice.

Outages may result from circumstances outside CloudYork’s reasonable control. Planned maintenance notices may be provided where practicable.

Where an applicable written SLA expressly provides service credits or another remedy for failure to meet a stated service commitment, the remedies specified in that SLA apply according to its terms and, only where the SLA expressly states so, may constitute the Customer’s sole contractual remedy for that specific SLA failure, except to the extent prohibited by applicable law. Mandatory legal rights remain unaffected.

12. Third-Party Infrastructure and Dependencies

CloudYork may rely on datacentres, upstream hosts, network carriers, DNS providers, registries, registrars, certificate authorities, software vendors, storage and backup providers, payment processors and other suppliers. CloudYork does not directly control every component.

Third-party outages, routing incidents, policy changes, maintenance, suspension, registry action, network or API failure may affect service. CloudYork will use commercially reasonable efforts for matters within its control but does not guarantee continuous third-party operation.

13. Domain Registration and Domain Services

CloudYork may act through registrars and registries. Availability is not guaranteed until registration succeeds, and applicable registry, registrar, TLD and, where relevant, ICANN rules apply. The Customer must provide and maintain accurate registrant information.

Registration, renewal or transfer may fail because of registry, provider, payment, verification or compliance issues. Transfers may require authorisation codes, unlocked status and third-party processing. Redemption or restoration can incur third-party fees. Submission does not guarantee completion, and recovery after expiration or deletion is not guaranteed.

14. Email Services

CloudYork does not guarantee delivery, recipient acceptance, inbox placement, avoidance of spam filtering or rate limits, or continued acceptance by third-party mail networks. Sender reputation and filtering decisions may be outside CloudYork’s control.

The Customer is responsible for lawful email use, mailing-list consent, credential security, mailbox and content management, and avoiding spam or abuse. CloudYork may restrict outbound mail that is abusive or damages service reputation.

15. VPS, Server and Unmanaged Services

Unless expressly sold as managed, the Customer is responsible for operating-system administration, updates, patches, installed software, application security, firewall settings, users, server configuration, backups, licences and application availability.

CloudYork remains responsible only for the expressly included infrastructure scope. Support assistance does not convert an unmanaged service into a managed service.

16. Fees, Taxes, Billing, Renewal and Refunds

The confirmed order states pricing and billing periods. Applicable taxes may be added. Payment is due by the stated date, and renewal charges may change when pricing changes.

Domain and third-party charges may become non-refundable once submitted or processed. Refunds apply only when stated in an order, applicable service or refund terms, or required by mandatory law.

17. Non-Payment, Chargebacks and Account Restrictions

Overdue services may be restricted, suspended or terminated, with reasonable notice where practicable. Immediate restriction may occur to prevent fraud or loss. Valid outstanding balances remain payable.

An improper chargeback may result in restriction while CloudYork investigates, without affecting mandatory rights.

18. Termination, Expiration and Data Deletion

The Customer must export required data before termination or expiration. Service data and connected backups or snapshots may then be permanently and irreversibly deleted, and CloudYork need not retain them indefinitely unless law or a written commitment requires otherwise.

Closing an account does not erase records that CloudYork must retain for tax, accounting, fraud prevention, legal or regulatory purposes.

19. Privacy and Data Processing

CloudYork’s Privacy Policy applies to personal data processing and is incorporated by reference where relevant. Applicable privacy terms or a data processing agreement may supplement these Terms.

The parties’ privacy roles depend on the processing context and applicable law.

20. Disclaimer of Warranties

To the fullest extent permitted by applicable law, services are provided on an as-available basis. CloudYork does not guarantee uninterrupted or error-free operation, immediate correction of every defect, or that customer data will never be affected by events outside reasonable control.

Statutory warranties and mandatory consumer rights that cannot lawfully be excluded remain unaffected.

21. Limitation of Liability

To the fullest extent permitted by law, RTP99 LLC, trading as CloudYork, is not liable for indirect, incidental, consequential, special, exemplary or legally excludable punitive damages, or for lost profit, revenue, business, opportunity, goodwill, business interruption, or legally excludable data loss or corruption. This includes loss caused by customer configuration or software, compromised customer credentials, third-party providers, registrar or registry action, third-party email filtering, customer misuse, unlawful use or events outside reasonable control.

For Business Customers, to the fullest extent permitted by applicable law, the total aggregate liability of RTP99 LLC, trading as CloudYork, arising out of or relating to an affected Service will not exceed the total fees actually paid by the Customer to CloudYork for that affected Service during the three (3) months immediately preceding the event giving rise to the claim. This applies regardless of legal theory where permitted.

For consumers, any exclusion or limitation of liability applies only to the extent permitted by the mandatory law applicable to that consumer. Nothing excludes or limits liability that cannot lawfully be excluded or limited. Mandatory consumer rights remain unaffected.

22. Customer Indemnification

To the fullest extent permitted by law, the Customer will defend, indemnify and hold harmless RTP99 LLC, trading as CloudYork, from third-party claims arising from Customer Content, unlawful conduct, customer-caused intellectual-property or privacy violations, spam or abuse, customer or end-user activity, breach of these Terms or applicable acceptable-use rules, or misuse of services.

This clause does not remove mandatory consumer rights or obligations that cannot lawfully be imposed.

23. Force Majeure

To the extent permitted by law, CloudYork is not liable for delay or failure caused by circumstances outside reasonable control, including natural disaster, fire, flood, extreme weather, war, terrorism, civil disorder, government action, sanctions, labour disruption, widespread internet or network failure, power-grid, datacentre, upstream-provider, registry or telecom failure, or a major cyberattack not caused by CloudYork’s failure to take legally required measures.

24. Changes to Services and Terms

Subject to the confirmed order, any express written service commitment and applicable mandatory law, CloudYork may reasonably improve, modify, replace or discontinue features or services. For a material adverse change to a prepaid fixed-term service, CloudYork will respect applicable written commitments and any rights or remedies required by law.

Notice of material contractual changes will be provided where required by law or reasonably practicable. Changes do not retroactively alter accrued obligations, and mandatory legal rights remain unaffected.

25. Governing Law and Dispute Resolution

For business Customers, these Terms are governed by the laws of the State of Texas, United States, without overriding mandatory rules that apply by law. The parties should first try in good faith to resolve disputes directly.

Mandatory consumer-protection rules and jurisdiction rights that cannot lawfully be waived remain unaffected.

26. Notices and Communications

Official communications may be sent to the Customer’s account email, client portal or account, displayed as an appropriate website notice, or delivered through other contact details supplied by the Customer.

The Customer must maintain a working, current email address and review relevant account communications.

27. Assignment, Waiver, Severability and Entire Agreement

The Customer may not assign the agreement without CloudYork’s consent where consent may lawfully be required. CloudYork may assign it as part of a lawful business transfer or service reorganisation. Failure to enforce a provision is not a waiver.

If a provision is unenforceable, it will be limited or removed only as necessary and the remainder continues. These Terms and applicable written service documents form the entire agreement on their subject. Headings do not alter interpretation, and purchasing services creates no partnership or agency relationship.

28. Survival and Mandatory Legal Rights

Terms intended by their nature to continue after termination survive, including payment obligations, applicable confidentiality and data-deletion provisions, warranty disclaimers, liability limitations, indemnification, dispute and general provisions.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.