These Terms of Use ("Terms") govern your access to and use of the Cloud Map Stack website, platform and hosting services (the "Service"), provided by Cloud Map Stack ("Cloud Map Stack", "we", "us", "our"). By creating an account, ticking the acceptance box at sign-up, or using the Service, you agree to these Terms and to the Acceptable Use Policy in section 4. If you do not agree, do not use the Service.
1. The Service
Cloud Map Stack provides managed WordPress hosting on cloud infrastructure, together with tools to move an existing website onto the platform and preview it. The Service is offered on a free tier and, where available, on paid plans. We may add, change, suspend or withdraw features at any time. Parts of the Service are provided during a beta period and may change or contain errors.
All customer data and websites are hosted in data centres located in Australia.
2. Your account
- You must provide accurate information and keep your login credentials secure. You are responsible for all activity that occurs under your account.
- You must be at least 18 years old, or the age of majority in your jurisdiction, and able to enter a binding contract.
- If you use the Service on behalf of an organisation, you warrant that you are authorised to bind that organisation to these Terms.
- You are responsible for your website, its content, its users, and for compliance with all laws that apply to it.
3. Your content & ownership
You retain all ownership of the content, code, media and data you upload or create ("Your Content"). You grant us a non-exclusive, worldwide licence to host, store, copy, transmit, cache and display Your Content solely as needed to operate and provide the Service, including backups and content delivery. You represent and warrant that you own or have all necessary rights to Your Content and that it does not breach these Terms or any law.
4. Acceptable Use Policy
You must use the Service lawfully and responsibly, and comply with all applicable Australian laws. The following content and conduct are strictly prohibited on the Service.
4.1 Prohibited content
- Illegal content of any kind, and content that is unlawful, or that facilitates or promotes unlawful activity, under the laws of Australia or any State or Territory.
- Child sexual abuse material and any content that sexualises, exploits or endangers a person under 18.
- Pornographic, sexually explicit or adult content, and content that is obscene or "X 18+"/"RC" classified or refused classification.
- Hateful, racist or discriminatory content — content that vilifies, harasses, incites hatred, contempt or violence against, or discriminates against, a person or group on the basis of race, colour, ethnicity, national or ethnic origin, nationality, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, age or any other protected attribute.
- Violence and extremism — content that promotes, incites or instructs terrorism, violent extremism, or serious violence, or that promotes self-harm or suicide.
- Harassment & abuse — content that harasses, bullies, threatens, defames, or invades the privacy of another person, including image-based abuse ("revenge porn") and doxxing.
- Infringing content — content that infringes any copyright, trade mark, patent, trade secret, moral right, privacy right or other right of a third party.
- Deceptive or harmful content — malware, viruses, ransomware, phishing, scams, fraudulent schemes, or content designed to deceive or defraud.
4.2 Prohibited conduct
- Sending unsolicited bulk or commercial email (spam) in breach of the Spam Act 2003 (Cth), or using the Service to facilitate it.
- Attempting to gain unauthorised access to, disrupt, overload, probe or scan the Service, other customers' sites, or any system or network; distributing malware; or circumventing security or usage limits.
- Impersonating any person or entity, or misrepresenting your affiliation with a person or entity.
- Reselling, sublicensing or making the Service available to third parties except as expressly permitted by your plan.
- Using the Service in any way that breaches the Online Safety Act 2021 (Cth), the Criminal Code Act 1995 (Cth), the Racial Discrimination Act 1975 (Cth), the Privacy Act 1988 (Cth), the Copyright Act 1968 (Cth), the Spam Act 2003 (Cth), or any other applicable Commonwealth, State or Territory law.
5. Enforcement, suspension & removal
You are solely responsible for ensuring Your Content and use of the Service comply with these Terms. We may, but are not obliged to, monitor content or use of the Service. Where we reasonably believe these Terms have been breached, or where required by law, we may — with or without notice — investigate, remove or disable access to content, suspend or limit your account, or terminate your account and delete your data. For serious breaches (including any of the "zero tolerance" matters above) we may act immediately and report the matter to law enforcement, the eSafety Commissioner, or other authorities. We are not liable for any loss arising from action taken in good faith under this section, and no refund is payable where we act for breach.
To report content or conduct that breaches this policy, contact hello@cloudmapstack.com.
6. Fees, free tier & refunds
The free tier is provided at no cost. Paid plans, where offered, are billed at the price shown at the time you subscribe. If we are unable to deliver the Service you reasonably require, you will not be charged for it. Except where required by the Australian Consumer Law or expressly stated, fees already paid are non-refundable. This section does not limit your rights under the Australian Consumer Law.
7. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we exclude all warranties, representations and guarantees not expressly set out in these Terms, and we do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your requirements. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded ("Non-excludable Rights").
8. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, goodwill or business, arising out of or in connection with the Service. Other than for our Non-excludable Rights, our total aggregate liability to you in connection with the Service is limited to the amount you paid us for the Service in the three (3) months before the event giving rise to the liability, or, where you use only the free tier, to AUD $100. Where our liability for a breach of a Non-excludable Right can be limited, it is limited to re-supplying the Service or paying the cost of having it re-supplied.
9. Indemnity
You indemnify us against all claims, liabilities, losses, damages and costs (including reasonable legal costs) arising from Your Content, your use of the Service, or your breach of these Terms or any law.
10. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access as set out in section 5, or on reasonable notice where we cease offering the Service. On termination, your right to use the Service ends and we may delete your data. Sections that by their nature should survive (including 3, 4, 8, 9 and 12) survive termination.
11. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as described in our Privacy Policy.
12. Governing law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
13. Changes & contact
We may update these Terms from time to time. Material changes take effect when we post the updated Terms and update the effective date; your continued use of the Service after that constitutes acceptance. Questions or notices: hello@cloudmapstack.com.