Terms of Service

Effective Date: June 2, 2024

Cloudifi & Texas Fixer – Terms of Service (ToS)

Company Overview

Berkley and Blanton Investments LLC, operating as Texas Fixer/Cloudifi, is a registered Limited Liability Corporation in the state of Texas. All services provided by Texas Fixer/Cloudifi must be used strictly for lawful purposes. Any use of our services that violates United States federal, state, or city laws is strictly prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene content, and material protected by trade secrets or other statutes. Subscribers agree to indemnify and hold harmless Texas Fixer/Cloudifi from any claims resulting from their use of our services that cause damage to the subscriber or any other party.

Email Service Functionality

Our service functionality includes sending emails without triggering spam filters or rate limits and the ability to receive emails. Incorrect DNS configuration is not considered a disruption of service functionality. We provide a quality service with quality partners and we take security and performance very seriously.

Hosting Service Functionality

Our hosting and managed services functionality includes hosting websites, data, emails, security, storage, voip, backups, and managed support services. Incorrect configuration is not considered a disruption of service functionality. We provide a quality service with quality partners and we take security and performance very seriously. You are responsible for your set up and configurations. We provide the details for flawless performance.

Legitimate Use

All domains added to our system must be legitimate, managed by you or your clients, and not involved in spam or scam activities. Texas Fixer/Cloudifi reserves the right to determine what constitutes spam or scam activities based on available information, including but not limited to domains that intentionally mislead recipients.

Support and Expectations

As a high-quality service provider, we rely on automation for basic functions. Manual intervention requests may take time, especially for non-critical issues. We do not tolerate rude or threatening behavior towards our staff, including threats of charge backs or payment disputes to escalate low-priority issues. Such behavior may result in immediate account suspension or termination.

Server Abuse

Any attempts to undermine or harm our servers or customers are strictly prohibited. Customers are responsible for all accounts under their control, including excessive CPU and RAM usage that affects other customers. Violations will result in account cancellation without refund, and abusive processes will be terminated prior to contact attempts.

DNS Records

Valid SPF and MX records are required for domains using our services. Failure to maintain these records can result in reduced sending reputation and possible service termination to protect the quality of service for other customers.

Right to Refuse Service

Texas Fixer/Cloudifi reserves the right to refuse, cancel, or suspend service at our sole discretion.

Prohibited Services

We do not provide services to:

– Problem domain names listed for troubles.

– Political/Government/Media

– Adult forums.

– Senders of bulk emails to a large number of people.

– Users engaging in deceptive practices.

– Forward-only services for many domains.

– SMS via email.

– Marketing emails.

– Chinese counterfeit e-commerce websites.

– Email forwarders exceeding 300 outbound emails per hour.

Email Intent

Emails sent through our service should be intended for human consumption. Excessive automated emails intended to be ignored will be blocked to protect our IP reputation.

Sender Spoofing

Customers are not permitted to spoof “From” headers to display third-party domains they do not own or manage.

Invalid Recipients

Repeatedly sending emails to invalid recipients may result in those addresses being published in our mail filters.

Sending Limits

Each email account is limited to 300 outbound emails per hour unless otherwise agreed. Creating additional accounts to bypass this limit is prohibited.

Spam Reports

If a recipient reports your email as spam and we are notified, we will block outbound mail to that address to protect the reputation of your domain and our IP addresses.

IP Reputation Damage

Consistently harmful email practices that damage our IP reputation and delay or fail deliveries for other customers may result in service cancellation.

Backups

Accounts are backed up frequently, but backups are not guaranteed and are provided as a courtesy. Off-site backups are available with a third party.

Billing

By the account activation date each month, Texas Fixer/Cloudifi will either charge the client’s billing method via Credit Card or PayPal or send an invoice for services rendered. Clients must ensure sufficient funds are available to cover transactions. Failure to make timely payments may result in account suspension.

Refund Policy

We do not refund canceled contracts except where Texas Fixer/Cloudifi fails to uphold guarantees. Policy violations forfeit any refunds.

Charge backs

Initiating a payment dispute with our gateway or your funding source violates our policy and will result in service termination and a $150 chargeback fee.

Accurate Information

Customers must provide accurate billing information during registration and maintain it in our billing portal. Inaccurate information may lead to account suspension or termination.

Cancellation Refunds

We do not refund partial monthly fees. Account cancellations may take up to 72 hours to process.

Limitation of Liability

Texas Fixer/Cloudifi is not responsible for any claimed damages, including incidental or consequential damages, arising from service downtime, server issues, or data loss. Liability is limited to immediate service termination.

Violations

Report policy violations to [email protected]. All complaints will be promptly investigated. Non-compliance will result in immediate account termination.

Disclaimer

Texas Fixer/Cloudifi is not liable for system downtime, crashes, or data loss. Certain services and equipment used by Texas Fixer/Cloudifi are not directly owned by us. We are not responsible for clients’ use of their accounts. We reserve the right to remove any account without notice for any reason.

Account Activation

By activating your account, you agree to these terms and policies. Acceptance of these terms is required during account activation.

Spam Policy

Outgoing spam is not tolerated. All mailing lists must be double opt-in. Violations will result in service termination and potential reporting to fraud management sites.

Privacy

Except for reporting intentional spam and billing chargebacks to fraud management sites, we do not share your information with third parties. We monitor email logs and login activity for technical and security issues but do not read your emails unless instructed by you.

Uptime Guarantee

We guarantee 99% uptime for email services. Failure to meet this guarantee in any calendar month may result in a pro-rated refund upon request.

Policy Amendments

Texas Fixer/Cloudifi reserves the right to amend these policies, guidelines, and disclaimers without notice. We also reserve the right to change pricing and account plans without notification.

Additional Terms

1. Acceptance of Terms

Welcome to Cloudifi & Texas Fixer! By accessing or using our hosting services, you agree to be bound by these Terms of Service (ToS), including our Privacy Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of our services or products.

2. Service Description

Cloudifi & Texas Fixer provides web hosting, VPS, cloud services, and related solutions. We offer reliable, high-quality services, but all services are provided “as is” without warranty of any kind.

3. Use of Services

  • a. Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
  • b. Prohibited Activities: Illegal activities, spamming, mass mailing, and any actions that threaten the integrity or security of our or any other network are strictly prohibited.
  • c. Content Responsibility: You are solely responsible for all content and activities that occur within your account.

4. Payment and Billing

  • a. Fees: You agree to pay all applicable fees for services in a timely manner according to the billing terms in effect at the time of your order.
  • b. Renewals: Services are subject to automatic renewal unless explicitly cancelled by you.

5. Cancellation and Termination

You may cancel your service at any time. Cloudifi & Texas Fixer reserves the right to terminate or restrict your use of our services, without notice, for any or no reason whatsoever.

6. Modifications to Terms and Services

Cloudifi & Texas Fixer reserves the right, at our discretion, to change these ToS at any time. Your continued use of the services after changes are posted means you agree to the revised terms.

7. Limitation of Liability

Under no circumstances shall Cloudifi & Texas Fixer be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, our services.

8. Indemnification

You agree to indemnify and hold Cloudifi & Texas Fixer, its affiliates, officers, and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the services.

9. Governing Law

This ToS and the relationship between you and Cloudifi & Texas Fixer shall be governed by the laws of the state of Texas without regard to its conflict of law provisions.

10. Acknowledgement

By using Cloudifi & Texas Fixer’s services, you acknowledge that you have read, understood, and agree to be bound by these terms.

Side Note About Activities

At Cloudifi, we are committed to providing exceptional hosting services while fostering a safe and respectful digital environment. We cherish your trust in us and strive to ensure that all our clients can rely on a stable, secure, and harmonious online space.

Key Guidelines:

Mass Mailing & Spamming: We discourage any form of mass unsolicited emailing (spamming). We encourage more personal and targeted communications, which are respectful and more effective.

Illegal Activities: Our platform stands firmly against illegal activities. We adhere to stringent laws and regulations to ensure our digital space remains responsible and lawful. Any illegal activities will result in immediate action.

Your Contribution: As a member of our community, your role in maintaining these standards is crucial. We rely on you to use our services responsibly and to alert us if you suspect any misuse. Together, we can ensure a safe and reliable digital experience for everyone.

We appreciate your understanding and cooperation in adhering to these guidelines. Your support enables us to continue offering an outstanding hosting experience. Should you have any questions or concerns about these policies, please reach out to us. Your feedback is always