Terms of Service

1. Acceptance of Terms

These Terms of Use (the "Terms") govern your access to and use of the services, software, platforms, websites, and related offerings provided by NiishCloud ("NiishCloud," "we," "us," or "our").

By accessing, registering for, or using any NiishCloud service, you confirm that you have read, understood, and agreed to be legally bound by these Terms.

2. About NiishCloud

NiishCloud is a US based cloud hosting and digital solutions platform that enables businesses, startups, and developers to establish, operate, and scale their online presence.

Our offerings include managed hosting for WordPress, Node.js, Python, virtual private servers (VPS), domain registration, email services, security solutions, and related cloud infrastructure. NiishCloud also provides a free professional website offering to lower the barrier to entry for businesses going online, with a particular focus on SMEs and emerging enterprises.

3. Scope and Availability of Services

NiishCloud provides services on a commercial best effort basis, subject to availability, capacity, and technical constraints. We may modify, update, enhance, suspend, or discontinue any aspect of the services at any time, including features or content, where reasonably necessary for operational, security, legal, or business reasons.

No service is guaranteed to be uninterrupted, error free, or permanently available.

4. Eligibility and Account Responsibilities

You represent and warrant that you have the legal capacity and authority to enter into these Terms.

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities conducted through your account, whether authorized or not
• Ensuring that all information provided to NiishCloud is accurate, complete, and kept up to date

NiishCloud is not responsible for any loss or damage arising from unauthorized access to your account resulting from your failure to protect your credentials.

5. SMS Opt-In Information

We collect information related to your consent to receive SMS notifications. Users may opt in to receive SMS notifications during account creation or checkout on our website, or through account settings in the user dashboard. Consent is obtained through a clear, standalone, non pre checked checkbox or equivalent affirmative action. Records of SMS consent, including the date, time, and method of opt in, may be retained for compliance and service delivery purposes.

Where you have opted in, SMS notifications may be sent in connection with your account activities, including account status updates, login alerts, billing reminders, service usage notifications, and other service related communications.

6. Acceptable Use and Compliance

You agree to use the services only in compliance with these Terms and all applicable local, state, national, and international laws, regulations, and industry standards.

You must not:

• Upload, host, transmit, or store content you do not own or lack legal rights to use
• Use the services to distribute malware, spyware, ransomware, or other harmful code
• Engage in spamming, phishing, or deceptive communications
• Interfere with or disrupt the integrity, performance, or security of the services
• Use the services for unlawful, abusive, or fraudulent purposes

NiishCloud may investigate and take appropriate action for violations, including suspension or termination of access.

7. Intellectual Property and Content

All NiishCloud software, systems, trademarks, logos, branding, platform architecture, and proprietary materials are owned by or licensed to NiishCloud and are protected by applicable intellectual property laws.

You retain ownership of your content. By submitting or hosting content on NiishCloud, you grant NiishCloud a worldwide, non exclusive, royalty free license to host, process, transmit, and display such content solely to operate and provide the services.

8. Feedback

If you provide suggestions, ideas, or feedback regarding NiishCloud services, you grant NiishCloud a perpetual, irrevocable, royalty free right to use such feedback without restriction or obligation to you.

9. Fees, Billing, and Taxes

Services are billed on a recurring basis, monthly or annually, as selected during sign up. All fees are exclusive of applicable taxes unless stated otherwise.

You agree to:

• Pay all fees when due
• Maintain valid and current payment information

Failure to pay may result in suspension or termination of services. NiishCloud is not responsible for data loss resulting from non payment.

10. Suspension and Termination

NiishCloud may suspend or terminate your access, with or without notice, if:

• You breach these Terms
• Payment obligations are not met
• Required by law or regulatory authorities
• Necessary to protect the security, stability, or integrity of the platform

Upon termination, your rights to use the services immediately ceases, and NiishCloud may delete hosted data in accordance with its data retention practices.

11. Disclaimer of Warranties

12. Limitation of Liability

To the maximum extent permitted by law, NiishCloud shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption.

NiishCloud’s total aggregate liability arising out of or relating to the services shall not exceed the fees paid by you for the services during the twelve months preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless NiishCloud, its affiliates, officers, directors, employees, and partners from any claims, liabilities, damages, losses, or expenses arising out of or related to:

• Your use of the services
• Your content
• Your violation of these Terms or applicable law

14. Force Majeure

NiishCloud shall not be liable for failure or delay in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, war, labor disputes, internet outages, or governmental actions.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State in which NiishCloud is incorporated, excluding conflict of law principles.

16. General Provisions

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect. You may not assign these Terms without NiishCloud’s prior written consent. NiishCloud may assign these Terms as part of a merger, acquisition, or sale of assets.

These Terms constitute the entire agreement between you and NiishCloud regarding the services and supersede all prior agreements or understandings.