Terms of Service

1. Acceptance of Terms

By accessing and using Performance Cloud LLC services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.

2. Service Description

Performance Cloud LLC provides enterprise infrastructure services including cloud hosting, managed IT services, web hosting, VoIP telecommunications, and related technical services. Specific service features and capabilities are described in individual service agreements.

3. Account Responsibilities

You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Ensuring your use complies with applicable laws and regulations
• Timely payment of all fees and charges
• Providing accurate contact and billing information

4. Acceptable Use

You may not use our services for:

• Illegal activities or content
• Malicious software distribution
• Unauthorized access to systems or networks
• Spam or unsolicited commercial email
• Activities that disrupt or interfere with our services or infrastructure

5. Payment Terms

Services are billed according to the terms specified in your service agreement. Payment is due according to the billing schedule provided. Failure to pay may result in service suspension or termination. All fees are non-refundable unless otherwise specified in writing.

6. Service Availability

We strive to maintain high availability of our services. However, we do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible. We are not liable for service interruptions caused by factors outside our reasonable control.

7. Data and Privacy

Your use of our services is also governed by our Privacy Policy. You retain ownership of your data. We implement reasonable security measures to protect your data but cannot guarantee absolute security. You are responsible for maintaining backups of your data.

8. Intellectual Property

All intellectual property rights in our services, infrastructure, and documentation remain our property. You may not copy, modify, or reverse engineer our systems or software except as expressly permitted.

9. Termination

Either party may terminate services according to the terms specified in the service agreement. We may immediately suspend or terminate service for violation of these terms, non-payment, or illegal activity. Upon termination, you remain responsible for all charges incurred up to the termination date.

10. Limitation of Liability

To the maximum extent permitted by law, Performance Cloud LLC shall not be liable for indirect, incidental, consequential, or punitive damages arising from your use of our services. Our total liability shall not exceed the amount paid for services in the twelve months preceding the claim.

11. Modifications to Terms

We reserve the right to modify these terms at any time. Material changes will be communicated via email or account notification. Continued use of services after changes constitutes acceptance of modified terms.

12. Governing Law

These terms are governed by the laws of the State of Maryland, United States, without regard to conflict of law provisions.

13. Contact Information

For questions about these Terms of Service, contact us at info@performancecloud.net.