To properly access and use “Portal.Cloud9.ge”, please, get acquainted and agree with the present
Cloud Nine LLC Website Terms, Conditions and Notices
Following terms, conditions, and notices (hereinafter collectively referred to as the “Consumers’
Agreement” or just the “Agreement”) is executed between the Cloud Nine LLC and consumers
(hereinafter: “Customer”) who wish to access, use and acquire Cloud Nine LLC’s services and products.
1. Product Description
Cloud Nine LLC (hereinafter: “Cloud9” or “Company”) is a professional provider of web hosting and an
experienced operator of data centers.
Through its websites, mobile properties and related applications (collectively referred to as the
“Website”) Cloud9 offers its Customers premium quality services and products (hereinafter:
“Products”), including (however, not limited to):
- Cloud services;
- DevOps services;
- IT consulting;
- Streaming services;
- Mail services;
- Colocation services;
- CDN (Content Delivery Network) services;
- CERT (computer emergency response team) security and decisions for safeguarding from DDoS
(distributed denial of service);
- Datacenter services;
- Planning, arranging and administrating server infrastructure;
- Projecting, constructing and organizing datacenters;
Cloud9 owns modern technologies and infrastructure with the latest equipment, which secures the
provision of high quality, reliable and stable services and products by the Company.
2. Terms and Definitions:
For the purposes of the present document terms listed below have the following definitions:
- Customer – any legal (including any governmental bodies) or physical person who receives
- Service Fee – A fee that is fixed by Cloud9 on its online portal for the specific Product ordered by
- Payment Period – Payment date that is fixed by Cloud9 on its online portal by attaching invoice
on the Customer’s page (profile);
- Hosting – A service for placing Customer’s website on the internet;
- Domain Name – A domain name indicated by the Customer through an online application
- Physical Server – A physical server owned by Cloud9 that is leased to the Customer for the latter
to administer it at its (Customer’s) own discretion;
- Virtual Server – A virtual engine assigned to Cloud9’s physical server that uses some of the
physical server’s resources, such as space, memory (RAM) and processor. Such servers are
administered by the Customer;
- Server – A computer that is placed in the colocation area;
- Colocation Area – Datacenter of Cloud9 that is organized per “Tier 3” standards and where
Customer’s server(s) and other additional devices are placed.
3. Use of the Website:
The following Website and the Products made available on this Website are offered to Customers,
conditioned upon their acceptance (without modification) of any and all the terms, conditions, and
notices set forth below. By accessing or using this Website in any manner, Customer agrees to be bound
by it and represents that Customer has read and understood its terms. In all purchase/order
arrangements, the person making the order shall be deemed to have accepted this Agreement on behalf
of the persons named in the order.
We may change or otherwise modify the Agreement in the future, and Customer understands and
agrees that continued access or use of this Website, after such change, signifies Customer’s acceptance
of the updated or modified Agreement. We will display the date of the last revisions to the Agreement
at the top of this page, and any revisions will take effect upon posting. We will notify our registered
members about material changes to this Agreement by either sending a notice to the email address
provided to us at the moment of registration or by placing a notice on our Website. Be sure to return to
this page periodically to review the most current version of the Agreement.
As a condition of Customer’s use of this Website, Customer warrants that:
(i). all information supplied by Customer on this Website is true, accurate, current and complete;
(ii). if Customer has a Cloud9 account, the former will safeguard the account information and will
supervise and be completely responsible for any use of Customer’s account by anyone other than
(iii). Customer realizes and understands that in case Customer fails to keep account information safe
and secret, and it will result in an authorized access of the account by third parties – only the
Customer shall bear the responsibility/liability for the consequences caused by such access.
Cloud9 shall have no liability towards such cases;
(iv). He/she is at least 18 years of age in order to register an account and contribute to our Website.
Cloud9 does not knowingly collect the information of anyone under the age of 18;
(v). Customer’s use of this Website is intended for making legitimate orders to purchase the Products
offered. Customer agrees not to use this Website to make any speculative, false or fraudulent
Furthermore, as a condition of Customer’s use of this Website and our Products, Customer is obliged
(i). Duly pay the price for ordered Products.
Please, note that in case if the Customer’s payment is overdue for more than 3 (three) days, Cloud9
reserves the right to stop providing services;
(ii). Create necessary conditions for the Cloud9 to duly perform its obligations (provide correct billing
information, address, etc.);
(iii). Reference the correct invoice during payment.
Please, note that in case if the Customer has debts towards Cloud9 (Cloud9’s portal shows unpaid
invoices), the latter is authorized to count Customer’s payment (regardless of which invoice is
covered with such payment) towards covering past debts.
While providing its Products, Cloud9 is obliged to:
(i). Provide 24/7 monitoring and support of its services through the following email –
(ii). Secure continuous provision of its services and products for 24/7, except from the cases when
Cloud9 is carrying out maintenance or any similar line of work (in such cases, Cloud9 will place a
notification on its Website 3 (three) days earlier).
Customer further represents and warrants that Customer:
(i). Has not previously been suspended by Cloud9 or otherwise banned from using the Website;
(ii). Is not a direct competitor of Cloud9;
(iii). Full power and authority to enter into this Agreement and in doing so, will not violate any other
agreement to which Customer is a party.
We retain the right, at our sole discretion, to deny access to anyone to this Website and the services we
offer, at any time and for any reason, including, but not limited to, for violating the present Agreement.
By accessing or using this Website, Customer may be exposed to content that the latter finds offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate. Cloud9 does not endorse such content,
and cannot vouch for its accuracy. Customer therefore accesses and uses the Website at own risk.
4. Prohibited Activities
The content and information on this Website (including, but not limited to, messages, data, information,
text, graphics, video, maps, icons, software, code or other material), as well as the infrastructure, used
to provide such content and information, is proprietary to us. Customer agrees not to otherwise modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, content, software, products, or services obtained from or
through this Website. Any other use of Cloud9’s content requires the prior written permission of the
Additionally, Customer agrees not to assist or enable others to:
(i). use this Website or its contents for any commercial or unlawful purpose;
(ii). access, monitor or copy any content or information of this Website using any robot; spider,
scraper or other automated means or any manual process to access, scrape, index, retrieve or
otherwise use the Website or any content on the Website for any purpose without our expressed
(iii). violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent
other measures employed to prevent or limit access to this Website;
(iv). take any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure or makes excessive traffic demands on the
(v). deep-link to any portion of this Website for any purpose without our express written permission;
(vi). "frame", "mirror" or otherwise incorporate any part of this Website into any other website
without our prior written authorization;
(vii). attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any
software programs used by Cloud9 in connection with the Website;
(viii). use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another
person, or otherwise interfere with another user's use of the Website;
(ix). use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes,
surveys, or other mass messaging, whether commercial in nature or not;
(x). use the Website in a manner that may create a conflict of interest, such as trading reviews with
other business owners or writing or soliciting reviews;
(xi). use the Website to promote bigotry or discrimination against protected classes; use the Website
to violate any third-party right, including any breach of confidence, copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
(xii). use the Website to submit or transmit pornography or illegal content, use the Website to solicit
personal information from minors or to harm or threaten to cause harm to minors;
(xiii). attempt to gain unauthorized access to the Website, user accounts, computer systems or
networks connected to the Website through hacking, password mining or any other means; use
the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a
destructive nature (collectively, "Viruses");
(xiv). use any device, software or routine that interferes with the proper functionality of the Website, or
otherwise attempt to interfere with the proper working of the Website;
(xv). use the Website to violate the security of any computer network, crack passwords or security
(xvi). disrupt or interfere with the security of, or otherwise cause harm to the Website; or
(xvii). remove, circumvent, disable, damage or otherwise interfere with any security-related features of
the Website, features that prevent or restrict the use or copying of Website Content, or features
that enforce limitations to the use of the Website.
Customer is also prohibited from carrying out activities listed above.
5. User Accounts:
Customer shall create an account and provide truthful information about himself/herself/itself to use
some of the features on the Website. Customer is responsible for maintaining the confidentiality of the
Customer’s account password and login credentials. Customer is also responsible for all the activities
that occur in connection with his/her/its account. Customer agrees to notify us immediately of any
unauthorized use of Customer’s account.
Customer’s account is for personal use only. Customer may not impersonate someone else (e.g., adopt
the identity of a celebrity), create an account for anyone other than himself/herself, provide an email
address other than the customer’s own one, or create multiple accounts.
We reserve the right to close customer’s account at any time for any or no reason.
We may terminate or suspend customer’s account or ability to use the Website, completely or partially,
at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we
may terminate or suspend customer’s account or ability to use the Website if customer misuses the
Website. Any such termination or suspension could prevent customer from accessing customer’s
account, the Website, Customer’s Content, Website Content, or any other related information.
Customer may terminate customer’s account at any time by closing customer’s account and
discontinuing Customer’s use of any parts of the Website. If Customer closes his/her/its account, we
may continue to display Customer’s previously published Content (for additional information please, see
AS A USER OF THIS WEBSITE, CUSTOMER UNDERSTANDS AND AGREES THAT: (1) NEITHER CLOUD9, NOR
ITS AFFILIATES WILL HAVE ANY LIABILITY TOWARDS THE CUSTOMER OR OTHERS FOR ANY
UNAUTHORIZED TRANSACTIONS MADE USING CUSTOMER’S PASSWORD OR ACCOUNT; AND (2) THE
UNAUTHORIZED USE OF CUSTOMER’S PASSWORD OR ACCOUNT COULD CAUSE CUSTOMER TO INCUR
LIABILITY TOWARDS BOTH CLOUD9 AND OTHER USERS.
6. Electronic Communications:
When Customer uses the Website or sends e-mails, text messages, and other communications from
Customer’s desktop or mobile device to us, customer is communicating with us electronically and agrees
that we may communicate with the Customer in a variety of ways, such as by e-mail, in-app push
notices, or by posting notices and messages on the Website. Customer may unsubscribe from e-mail
communications at any time by following the directions and the link included in each marketing
electronic message we send.
Customer and other users of our Website may be given opportunity to contribute to the Website in a
number of different ways, including by submitting emails, writing reviews, making comments or
suggestions, submitting ideas and making other similar contributions or submissions to the Website or
Cloud9 (Hereinafter: " Customer’s Content"). We may use Customer’s Content several different ways,
including, among other things, displaying it on the Website, reformatting it, translating it to other
languages, editing it to clarity the idea and correcting the grammatical errors, incorporating it into
advertisements and other works, creating derivative works from it, promoting it, distributing it, and
allowing others to do the same in connection with their websites, mobile properties, applications, and
By submitting Customer’s Content, Customer grants Cloud9 and its affiliates a worldwide, nonexclusive,
royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to: a) use,
reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly
display and perform such Content throughout the world in any media, now known or hereafter devised,
for any purpose; and b) use the name that the customer submits in connection with such Customer’s
Customer acknowledged that Cloud9 might choose to provide attribution of Customer’s comments or
reviews at its discretion. Customer further grants Cloud9 the right to pursue legal remedies against any
person or entity that violates Customer’s or Company’s rights for the Customer’s Content.
Customer acknowledges and agrees that Customer’s Content is non-confidential and non-proprietary. If
it is determined that Customer retains moral rights (including rights of attribution or integrity) towards
the Customer’s Content, Customer hereby declares that: a) Customer does not require that any
personally identifying information be used in connection with the Customer’s Content, or any derivative
works of or upgrades or updates thereto; b) Customer has no objection to the publication, use,
modification, deletion and exploitation of the Customer’s Content by Cloud9 or its licensees, successors
and assignees; c) Customer forever waives and agrees not to claim or assert any entitlement to any
moral rights of an author in any of the Customer’s Content; and d) Customer forever releases Cloud9,
and its licensees, successors and assignees, from any claims that Customer could otherwise assert
against them by virtue of any such moral rights.
Cloud9 and its affiliates may display advertisements and other information adjacent to or included with
Customer’s Content on the Website. Customer is not entitled to any compensation for such
advertisements. The manner, mode, and extent of such advertising are subject to changes without
specific prior notice to the Customer.
This Website may contain discussion forums, bulletin boards, review services or other forums in which
Customers or third parties may post reviews of the Products or other content, messages, materials or
other items on this Website (hereinafter: "Interactive Areas"). If Cloud9 provides such Interactive Areas,
Customer is solely responsible for his/her/its use of such Interactive Areas and shall use them at
Customer’s own risk. By using any Interactive Areas, Customer expressly agrees not to post, upload to,
transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents Customer’s
affiliation with a person or entity, including Cloud9;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name)
addresses, phone numbers, email addresses, Social Security numbers and credit card
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Customer’s
Content is posted; or
- Customer’s Content or links to content that, in the sole judgment of Cloud9: a) violates the
previous subsections herein, b) is objectionable, c) restricts or inhibits any other person from
using or enjoying the Interactive Areas or this Website, or d) may expose Cloud9 or its
affiliates or its users to any harm or liability of any type.
Customer alone is responsible for Customer’s Content. Customer assumes all risks associated with
Customer’s Content, including anyone's reliance on its accuracy, completeness or usefulness, or any
disclosure by Customer of information in Customer’s Content that makes Customer personally
identifiable. Customer represents that he/she/it owns, or has the necessary permissions to use, and
authorize the use of, Customer’s Content as described herein. Customer may not imply that Customer’s
Content is in any way sponsored or endorsed by Cloud9.
Cloud9 takes no responsibility and assumes no liability for any Content posted, stored or uploaded by
Customer or any third party, or for any loss or damage thereto, nor is Cloud9 liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity Customer may
encounter. As a provider of interactive services, Cloud9 is not liable for any statements, representations
or Content provided by its users in any public forum, personal page or other Interactive Area.
Although Cloud9 has no obligation to screen, edit or monitor any of the Customer’s Content posted to
or distributed through any Interactive Area - Cloud9 reserves the right, and has absolute discretion, to
remove, screen, translate or edit without notice any Customer’s Content posted or stored on this
Website at any time and for any reason, or to have such actions performed by third parties on its behalf,
and Customers are solely responsible for creating backup copies of and replacing any Customer’s
Content posted or stored on this Website at Customer’s sole cost and expense. Cloud9 has no obligation
to retain or provide Customer with the copies of Customer’s Content, nor do we guarantee any
confidentiality with respect to the Customer’s Content.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates
the terms of this Agreement and may result in, among other things, termination or suspension of
Customer’s rights to use the Interactive Areas and/or this Website.
By ordering/purchasing our Products through the Website, Customer acknowledges that he/she accepts
18 years of age or older and that Customer possesses the legal authority to enter into this Agreement,
use this Website, order the Product, and that all information Customer provides is true and accurate.
Customer further agrees to use the purchase functions of this Website to make only legitimate orders
for Customer or others on behalf of whom Customer is legally authorized to act. Any false or fraudulent
orders are prohibited, and any user who attempts such action may have their account terminated.
While providing hosting and physical/virtual server services, Cloud9 is authorized to:
(i). Delete Customer’s files from its server In case if the latter fails to pay the service fee(s) for longer
than 1 (one) month;
(ii). Demand 3 (three) months’ worth of advance payment from the Customer in exchange for renewal
of the provision of Products that have been suspended for the mentioned Customer;
While providing hosting services, Cloud9 is authorized to suspend the provision of the services to the
Customer in case if such provision to the latter is delaying functionality of other websites that are placed
on the same hosting.
For the purposes of providing colocation services:
(A). Customer is authorized to:
(a). by obtaining prior consent from email@example.com, grant Customer’s representative(s)
access to the colocation area (no more than 3 (three) persons/representatives are allowed at
the area for each Customer and not longer than 60 minutes per visit);
(b). Request access to the colocation area no more than 6 (six) times per calendar month;
(c). Request reloading of the server during any hour of any day, by sending notification on
(B). Customer is obliged to:
(a). When requesting Customer’s representatives’ allowance at the colocation area, indicate their
names, surnames, ID numbers and exact time of their visit in the notification sent at
(b). Not share advertisements, information or other content with other customers/third parties
via electronic addresses, as well as available public electronic publishers and conferences
(that are not intended for said purposes) without obtaining the prior consent of the
(c). Not to access (or attempt to access) technological components (aggregates), databases and
other internet components without authorization.
(C). Cloud9 is authorized to:
(a). Carry out planned technical maintenance that lasts no longer than 12 (twelve) hours;
(b). Refuse Customer’s request on accessing colocation area in case if the proposed time matches
the time of planned technical maintenance or other similar work;
(c). Refuse Customer’s request on moving the latter’s servers from colocation area, in case if the
Customer does not cover his/her/its debt towards Cloud9 beforehand.
9. Terms and Conditions for Providing Domain Registration Services:
By registering domain name Customer obtains limited, transferable, renewable and exclusive usage
rights of the domain for the period and in accordance with the terms specified in the present Agreement
and in the rules of domain registration and administration.
Before registering “.ge” zone domain, Customer is obliged to view, get acquainted with and fulfill the
rules of domain registration and administration, and relevant instructions that are available for view at
www.nic.ge or ,რეგისტრაცია.გე.
Customer bears the responsibility for a mistake made while registering a domain name.
Therefore, in such cases, paid fees shall not be refunded after the domain’s activation.
10. Modifications & Amendments:
Occasionally, prices, coverage, age requirements, and other Product features and/or requirements may
change. As a result, Cloud9 reserves the right to cancel, change or substitute any service or product that
Customer has booked for the future purchase at this Website, at any time, for any reason. In such cases,
if the Customer is dissatisfied with the alternatives offered, Customer is entitled to a full refund of the
original purchase price. Notwithstanding the above, when such changes take effect, we will make every
reasonable effort to notify the Consumer, in order to amend or re-issue the order where feasible.
11. Pricing & Inclusions/Exclusions:
Prices listed on the Website are per Product, unless otherwise specified.
Prices are based on the local tariff at the time of placing an order, converted at the prevailing foreign-
exchange rate as determined by Cloud9.
Price quotations are subject to change without notice, until an order has been confirmed.
Unless otherwise specified, prices do not include any local taxes or use-fees.
12. Payments & Cancellations:
When Customer orders our Product through the Website, Cloud9 collects Customer’s payment
information. Cloud9 accepts the following credit/debit cards: MasterCard, Visa, American Express and
No refunds are available once a Product is ordered.
The value of the transaction may be subject to taxes, duties, foreign transactions, currency exchange or
other fees. Customer’s bank or credit/debit card company may convert the payment into the local
currency and charge fees, resulting in differences between the amount displayed on Websites, and the
final amount charged to customer’s bank account or credit/debit card statement. Please, contact
Customer’s bank or credit/debit card company in case of having any questions concerning any
applicable conversion or fees.
13. Our Liability:
THIS SECTION LIMITS CLOUD9’S LIABILITY TO CUSTOMERS FOR ISSUES THAT MAY ARISE IN CONNECTION
WITH CUSTOMER’S USE OF THIS WEBSITE.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. CLOUD NINE LLC, ITS PARENT,
SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "CLOUD9 GROUP COMPANIES") DO
NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER
INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES
DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, FEATURES, INCLUSIONS
AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION,
CLOUD9 EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON
OUR WEBSITE AND/OR ON PENDING ORDERS MADE UNDER AN INCORRECT PRICE.
THE CLOUD9 MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE
INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE
ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE CLOUD9 GROUP
COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (UNLESS OTHERWISE SPECIFIED). THE CLOUD9
GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE OR ITS SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLOUD9 HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS,
AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
THE THIRD PARTY SUPPLIERS AND PRIVATE PROVIDERS PROVIDING PRODUCTS OR OTHER SERVICES ON
THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE CLOUD9.
CLOUD9 IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR PRIVATE PROVIDERS OR FOR
ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM OR OTHERWISE ARISING FROM CUSTOMER’S ORDER OF A PRODUCT OR SERVICE OR
CUSTOMER’S USE OF A PRODUCT OR SERVICE. CLOUD9 SHALL HAVE NO LIABILITY AND WILL MAKE NO
REFUNDS IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE-MAJEURE OR OTHER CAUSES
THAT ARE BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL
EXPENSES, OMISSIONS, DELAYS, RE-ROUTINGS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE CLOUD9 (OR THEIR OFFICERS, DIRECTORS, AND AFFILIATES) BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE
SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH PRODUCT OR
SERVICE ORDERS MADE BY THE CUSTOMER THROUGH THIS WEBSITE, OR CUSTOMER’S ACCESS TO,
DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE
THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S RELIANCE UPON REVIEWS AND
OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED
SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF
THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE,
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF CLOUD9 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
14. Customer’s Liability:
Customer agrees to defend and indemnify Cloud9 and all of their respective officers, directors,
employees, and agents from and against any claims, causes of action, demands, suits, proceedings,
investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any
kind including but not limited to reasonable legal and accounting fees, arising out of or related to:
(i). Customer’s breach of this Agreement or the documents referenced herein;
(ii). Customer’s violation of any law, rule, regulation or guideline;
(iii). Customer’s violation, infringement or misappropriation of the rights of a third party, including
without limitation any rights of publicity or privacy;
(iv). Customer’s use of this Website;
(v). Customer’s orders or use of any Products obtained through this Website; or
(vi). Customer’s negligence or willful misconduct.
15. Links to Third Part Sites:
This Website may contain hyperlinks to websites operated by parties other than Cloud9. Such hyperlinks
are provided for Customer’s reference only. We do not control such websites and are not responsible
for their contents, the privacy policies, or other practices of such websites. Further, it is up to the
Customer to take precautions to ensure that whatever links Customer selects or the software Customer
downloads (whether from this Website or other websites) is free of items such as viruses, worms, Trojan
horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites
does not imply any endorsement of the material on such websites or any association with their
operators. In some cases, Customer may be asked by a third party site to link customer’s profile on
Cloud9 to a profile on another third party site. Choosing to do so is purely optional, and the decision to
allow this information to be linked can be disabled (with the third party site) at any time.
16. General Provisions:
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remaining provisions in the Agreement
shall remain in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire
agreement between the customers and Cloud Nine LLC with respect to this Website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the customer and Cloud Nine LLC with respect to this Website. A printed version of this
Agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are
not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
17. Requisites of Cloud Nine LLC:
Company’s legal name:
Cloud Nine LLC;
Identification / tax code:
Georgia, Tbilisi, Sh. Nutsubidze str., IV m/d’s continuation (land plot #7);
+995 032 242 40 02;
firstname.lastname@example.org or email@example.com;
Bank Account: JSC “TBC Bank” –