Terms of Service
Introduction:
1. By using our services, you agree to comply with all applicable European and United Kingdom laws, as well as the laws of your own country. You are solely responsible for your use of our service and your IP address.
Any malicious, unlawful, or service-breaking activity will result in immediate termination of your service and full cooperation with law enforcement authorities. We work with top payment and security companies around the world to prevent and combat such activities.
You agree that we have the right to monitor your use of our service to ensure compliance with our terms of service and all applicable laws. If we suspect any violation of these terms, we may take any action we deem necessary, including but not limited to terminating your service and/or reporting your activity to law enforcement authorities.
By using our service, you acknowledge and agree to these terms and our commitment to maintaining a safe and secure environment for all our users.
Payments and Subscriptions:
2. By engaging in payment transactions, users expressly acknowledge and agree to these terms, understanding the payment processing procedures, fee structure, and the Providers prerogative in adjusting service prices as outlined in the Terms of Service agreement.
2.1. Pre Orders purchased are only charged once up to the activation of the service. Upon activation, your first month is covered by your Pre-Order payment.
2.2. You are solely responsible for maintaining your payment subscription to us. In the event that you cancel your service, your payment subscription will also be cancelled. We are not responsible for any automatic payments that may continue to be charged if you fail to cancel your subscription. If you forget to cancel your service, you will not be entitled to any refunds for any unused time on your subscription.
2.3. Payment details provided by users are securely held by our designated merchant, Stripe. The service provider does not retain customers' card numbers, security codes, or similar sensitive information, ensuring compliance with stringent security standards.
2.4. Payment fees are integrated into the overall cost of the service. In the event that a refund is requested before the service setup or pre-order completion, the user is liable to cover the payment fees associated with the initial transaction.
2.5. The service provider reserves the discretion to modify payment prices, and users shall be notified at least 14 days before any changes take effect. The provider retains the right to determine the amount to be charged to the users card on our end.
Refund Policy:
3. We offer a no-questions-asked refund policy for all qualifying product categories. If you are dissatisfied with your purchase for any reason, you may request a refund and we will issue it to you promptly in accordance with our Terms of Service..
3.1. To be eligible for a refund, you must request it within 48 hours of your order being fulfilled. This refund policy applies to all payment methods, except for E-Checks (Electronic Checks).
3.2. Please note that we reserve the right to refuse any refund requests that do not meet our criteria, or if we suspect any fraudulent or abusive behaviour. Additionally, any refunds will be subject to any transaction fees incurred by us, which may reduce the total refund amount.
3.3. Pre-Order Payments are refundable up to 14 days after the cancellation of a Pre-Order.
Terminations:
4. You agree that we may, at our sole discretion, suspend/terminate any service(s) provided by Fire Power Cloud LTD to you with any or no reason at all. You understand as the client that upon suspension or termination, your right to use the resources we provide will immediately be revoked and all refund after this point is at the sole discretion of the Fire Power Cloud LTD administration team. We are not responsible for any files or data lost during the termination or suspension process.
Chargebacks:
5. Chargebacks or disputes are not permitted even within our 48-hour refund policy. Any such action will result in the immediate suspension or termination of all services on your account without refund, and future services on your account/IP address may be denied. All services on your account will be marked as fraudulent, and ALT accounts owned by the same person(s) will also be terminated without refund. Please note that a lack of response to a support request within our SLA is acceptable.
Usage Policy:
6. Fire Power Cloud LTD reserves the right to suspend or terminate services for any customer or end-user activity that exposes it to legal liability, violates this agreement, or endangers its ability to provide reliable services to other customers. The following activities and behaviors are considered violations of this Usage Policy. This list is not exhaustive but serves as guidance for acceptable use:
6.1. Illegal Activities - Hosting, distributing, or linking any media or content that violates applicable laws, including but not limited to:
- Content involving minors (e.g., hosting or distributing any media involving a person under legal age).
- Illegal software or unlicensed content, such as pirated operating systems or applications.
6.2. Resource Abuse - Excessive consumption of server resources (CPU, memory, disk, or network) that causes severe performance degradation for other customers. Deliberately running resource-intensive operations without valid business or personal justification is prohibited.
6.3. Denial-of-Service (DoS) Activity -
- DoS Source - Originating any form of denial-of-service attack using Fire Power Cloud services.
- DoS Target - Using Fire Power Cloud services as a target for denial-of-service attacks.
6.4. Service Impacts - Any activity that negatively affects the services or networks of Fire Power Cloud or other customers, including but not limited to:
- Spamming or mass emailing without proper consent.
- Running poorly configured applications that cause excessive outbound traffic or requests.
6.5. Network Scanning and Mapping -
- Port Mappers - Tools used to find vulnerable ports for unauthorized access or attacks.
- IP Mappers - Tools used to map or scan IP addresses for unauthorized access or attacks.
6.6. File Sharing and Distribution - Hosting file dump/mirror scripts or large file-sharing hubs is prohibited. Torrenting is allowed strictly for legal, non-copyrighted materials. Fire Power Cloud reserves the right to monitor and investigate all torrenting activity.
6.7. Security Exploits and Unauthorized Access - Running scripts, applications, or tools that exploit software vulnerabilities or attempt unauthorized access to other systems is strictly prohibited. This includes distributing malware, viruses, or any other malicious code.
6.8. Cryptocurrency Mining - Running cryptocurrency mining operations without explicit permission from Fire Power Cloud is prohibited, as it often causes excessive resource consumption.
6.9. Prohibited Applications and Use Cases - Running or hosting any applications, scripts, or services that pose a direct or indirect risk to Fire Power Cloud’s infrastructure or customer base, such as:
- Remote desktop services used for malicious purposes.
- Illegal streaming services.
- Botnets or similar distributed operations.
6.10. Misuse of Root Access - While customers are granted unrestricted root access to their Windows 11 virtual machines, this does not exempt them from the terms outlined in this Usage Policy. Any misuse of root privileges that violates these terms or results in security vulnerabilities will result in immediate action, up to and including service termination.
6.11. Other Prohibited Activities - Any other activity, behavior, or content not explicitly mentioned that has a negative impact on Fire Power Cloud’s ability to provide reliable services to its customers, or that exposes Fire Power Cloud to undue legal or financial risk.
Web Hosting:
7. You, as a user of our Services, are granted the ability to upload, store, publish, display, and distribute information, text, photos, videos, and other content ("User Content") on or through our platform. This includes any content posted by you or by users of any of your websites hosted through our Services ("User Websites"). It is important to note that you are solely responsible for any and all User Content and any transactions or other activities conducted on or through your services. By posting or distributing User Content on or through our Services, you hereby represent and warrant to Fire Power Cloud LTD that:
7.1. You possess all necessary rights to post or distribute such User Content; and
7.2. Your posting or distribution of such User Content does not infringe or violate the rights of Fire Power Cloud or any third party.
7.3. Any breach of these representations and warranties may result in the immediate termination of your use of our Services.
Service:
8. By engaging with Fire Power Clouds services, users explicitly consent to these provisions and acknowledge that adherence to the stipulations contained herein is fundamental to the contractual relationship established by the Terms of Service agreement.
8.1. The service provider retains the unilateral right to terminate user services at its sole discretion and without constraint as to the reason. Termination may occur without prior notice to the user.
8.2. Users are hereby notified that the activation of services may take up to 60 days, notwithstanding the activation times indicated at any given moment. The provider is not bound by the displayed activation times, and users acknowledge and accept this potential delay.
8.3. Users acknowledge that the management and security of their assigned IP address are their sole responsibility while the IP address is associated with their service. Any misuse or security breaches related to the assigned IP address shall be the users liability.
8.4. Fire Power Cloud reserves the explicit right to alter the users assigned IP address, providing a notice period of 30 days. Users are apprised that this modification may occur for operational, security, or other legitimate reasons outlined in the Terms of Service.
Monitoring:
10. We reserve the right to monitor certain aspects of all services held with us.
10.1. Fire Power Cloud reserves the explicit right to detect and monitor all network traffic across all provided services to ensure security measures are upheld.
10.2. Fire Power Cloud also retains the right to monitor hardware usage on user services, including but not limited to CPU, RAM, disk, and network usage. This monitoring is conducted to maintain optimal performance and identify any irregularities that may pose a security risk.
10.3. Users are assured that Fire Power Cloud is committed to maintaining the privacy and integrity of their services. Access to user services will only be conducted with explicit user permission. Fire Power Cloud will never access user services without prior authorization.
Limitation of Warranties:
11. By accessing and using our website, you expressly acknowledge and agree that all Resources provided by Fire Power Cloud LTD are offered on an "as is" and "as available" basis. This means that we do not warrant or guarantee that:
11.1. The use of our Resources will meet your specific needs or requirements.
11.2. The use of our Resources will be uninterrupted, timely, secure, or free from errors or defects.
11.3. The information obtained through the use of our Resources will be accurate, complete, reliable, or error-free, and that any defects or malfunctions in the operation or functionality of our Resources will be corrected in a timely and efficient manner.
11.4. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices, or any loss of data or other harm that may result from the download or use of such content.
11.5. No information, advice, or other communications, whether expressed, implied, oral, or written, obtained by you from Fire Power Cloud LTD or through the use of our Resources, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Service Level Agreement:
11. Fire Power Cloud LTD is committed to delivering reliable and high-quality cloud services. This SLA outlines the service expectations, responsibilities, and remedies for performance issues. By using our services, you agree to the following SLA terms:
11.1. We guarantee 99.95% uptime availability of our cloud services per calendar month, excluding scheduled maintenance and events beyond our control (e.g., natural disasters, legal requirements).
11.2. Support Commitments - We provide 24/7/365 support through email and our ticketing system. Response and resolution times are determined by issue severity:
- Critical Issues (e.g., full service outage): Response within 1 hour, resolution within 4 hours.
- Major Issues (e.g., partial service impact): Response within 4 hours, resolution within 8 hours.
- Minor Issues (e.g., low-impact bugs): Response within 24 hours, resolution within 72 hours.
11.3. Scheduled Maintenance - Scheduled maintenance periods are excluded from uptime calculations and will be communicated at least 48 hours in advance. Maintenance is typically scheduled during off-peak hours to minimize disruption.
11.4. Compensation for SLA Breaches - If we fail to meet our uptime guarantee or response/resolution targets, you may request service credits:
- 99.95% - 99.5% uptime: 10% of monthly service fees.
- Below 99.5% uptime: 25% of monthly service fees.
To claim a service credit, you must contact us at billing@firepower.cloud within 30 days of the incident, including detailed information about the issue.
11.5. Exclusions - This SLA does not cover:
- Issues caused by customer-provided hardware, software, or configurations.
- Disruptions resulting from third-party integrations or external networks.
- Force majeure events or conditions beyond our control.
- Customer-initiated changes or misuse of services.
Consent:
12. By using the Services provided by Fire Power Cloud LTD, you hereby consent to the collection and storage of your IP address and other user-identification information, including but not limited to your address, payment information, and phone number, in our database. This information will be accessible to authorised personnel of Fire Power Cloud LTD even after you log-out and/or close your account.
We will handle your personal information with the utmost care and will not disclose it to any third-party except where required to do so by law.
Responsible Use and Conduct:
13. To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. By providing such information, you agree that it will always be accurate, correct, and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. Any activity on your static IP is under your control, and any complaints received will be sent to you for appropriate action.
Copyrights/Trademarks:
14. All content and materials available on firepower.cloud or any subdomain of firepower.cloud, including but not limited to text, graphics, website name, code, images, and logos, are the exclusive intellectual property of Fire Power Cloud LTD or their respective owners, and are protected by applicable copyright and trademark laws. Any unauthorised use, including but not limited to reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited and may result in civil and criminal penalties, unless specifically authorised by Fire Power Cloud LTD.
Fair Usage:
15. At Fire Power Cloud LTD, we take pride in providing our customers with a variety of services, some of which are offered with unlimited resources, such as unlimited bandwidth. However, we reserve the right to limit or restrict such resources if we suspect that they are being used in a manner that is inconsistent with our terms of service or that would cause harm or inconvenience to other users. We believe in fair usage of our resources and encourage our users to exercise responsible and reasonable practices when utilising our services. Therefore, we may, at our discretion, take appropriate action to ensure the continued availability and quality of our services for all users. Rest assured that any such action will be taken only after careful consideration and in accordance with our policies and applicable laws.
Contact:
For any inquiries or concerns regarding our Terms of Service, please feel free to submit a ticket. In order to ensure that your inquiry reaches the appropriate representative who is equipped to provide comprehensive responses, please title the ticket as "Legal Dept: Terms of Service". We welcome any questions or comments that you may have and will strive to address them to the best of our abilities.
Company Information:
Incorporated On: 7th May 2019
Company Number: 11982311
Registered Address: Valley Farm, Warminster, Wiltshire, BA12 0LT
Legal Contact: legal@firepower.cloud
Last Updated: January 3rd 2024
Thank you for choosing Fire Power Cloud!
Fine Print
When signing these Terms of Service you are agreeing to them and are bound to a legal contract. It is your responsibility to check the Terms of Service as they are updated. Any disregard to Fire Power Cloud's Terms of Service can be prosecuted legally.