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CloudAccess.net Terms of Service

Acceptance of Terms

Welcome to CloudAccess.net's "Platform as a Service" (PaaS). This "Terms of Services" (TOS) applies to all who are using any form of services provided by Cloudaccess.net.
The list below identifies different client types; it is inclusive but not exhaustive:

  1. “Account Holders” or “Clients” are any individual and/or company that has signed up for a service through CloudAccess.net.
  2. “Guest” - any individual invited by an Account Holder to add content to the website or manage the account.
  3. “Partners” - any developer who has their clients’ Joomla or WordPress websites hosted at CloudAccess.net.

CloudAccess.net reserves the right to update and change this TOS without notification. The TOS will also be applicable to the use of any CloudAccess.net trial-based Services. By using any CloudAccess.net Service, you are accepting this TOS.

Description of Services

CloudAccess.net provides each Client a website hosted on the company’s platform. Each website has limited disc space based on the type of account purchased. The Service also includes tools that enable Clients and their Guests to build a website using Joomla or WordPress, which are content management system. Joomla and WordPress are web development toolkits that Clients can use to build a website. Services also include the registration of a domain name and SSL certificates. Additional resources for managing accounts are made available to Clients, but the type and number of resources available depend on the type of account the Client has purchased. Unless explicitly stated, any new features that augment or enhance the current Service, including the release of new CloudAccess.net tools and resources, shall be subject to the TOS. In order to use the Service, Clients must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, Clients must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

By using CloudAccess.net Services, Clients also understand and agree that Services may include advertisements and that these advertisements are necessary for CloudAccess.net to provide Services. Clients also understand and agree that Services may include certain communications from CloudAccess.net, such as service announcements, administrative messages and newsletters. These communications are considered part of CloudAccess.net Services and Clients may not be able to opt out of receiving them. Clients agree not to access Services by any means other than through the interfaces that are provided by CloudAccess.net.

Registration

In order to use CloudAccess.net Services, Clients register to become an Account Holder. At that point the Client is issued an ID #. To be an Account Holder with a website, Clients must provide CloudAccess.net with a credit card, billing information and other registration data. Account Holders select a password and account type during the registration process. Just like Clients, Guests must also go through the registration process and provide requested registration data. Account Holders are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

Clients agree to (a) immediately notify CloudAccess.net of any unauthorized use of passwords or account or any other breach of security, and (b) ensure that the account is exited at the end of each session.

CloudAccess.net cannot and will not be liable for any loss or damage arising from Client failure to comply with these expectations. In consideration of use of Services, Clients agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update registration data to keep it accurate, current and complete. If Clients provide any information that is untrue, inaccurate, not current or incomplete, or CloudAccess.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CloudAccess.net has the right to suspend or terminate the Client account and refuse any and all current or future use of Services. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.

You agree that you will not:

  1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable; 
  2. upload, post or transmit content that contains sexually explicit material; 
  3. use CloudAccess.net services to harm minors in any way;
  4. impersonate any person or entity, including, but not limited to, a CloudAccess.net official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  6. upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  7. upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  8. upload, post, or otherwise transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam," such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
  9. upload, post, or otherwise transmit any material considered malicious which may contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. "stalk" or otherwise harass another;
  13. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
  14. offer for sale or sell any item, good, or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) CloudAccess.net determines, in its sole discretion, is inappropriate for sale through the Service provided by CloudAccess.net;
  15. use the Service as a forwarding service to another Web site;
  16. exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people's comments or content as a Guest. If any user is reported to be in violation with the letter or spirit of these terms, CloudAccess.net retains the right to terminate such account at any time without further warning.
  17. use CloudAccess.net services for anything other than it's intended purposes. For example,  It is strictly forbidden to configure CloudAccess.net services for phishing, auto-content/auto-likers, gaming servers, botnets, bit-coin mining. Offenders will prosecuted to the fullest extent of the law. 

Domain Registration

Registrants Benefits and Responsibilities

  1. As a domain name registrant you have certain rights and responsibilities as outlined by ICANN. Review a copy of these rights and responsibilities.
  2. Before registering a domain name, review the ICANN Registrant Educational Materials.
  3. Registration of TLDs - CloudAccess.net offers a variety of Top Level Domain (TLD) names including generic, sponsored and country code TLDs. Different rules and responsibilities apply to each TLD. Learn more about purchasing a domain name through CloudAccess.net. CloudAccess.net will endeavor to share as much information as possible with regard to each TLD but it remains your responsibility to determine your ability to register and maintain each TLD. Should ICANN or the registry responsible for administration of the domain name determine that your registration is invalid you agree to hold harmless CloudAccess.net, our Registrars, resellers and assigns.
  4. Acceptable Use - The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. By using our domain name registration Services you agree not to use any domain name registered with CloudAccess.net for abusive or illegal purposes including, but not limited to:
    1. Unsolicited bulk email (SPAM)
    2. High volume, automated, electronic processes that apply to a registry operator for large numbers of domain names, except as reasonably necessary to register domain names and modify existing registrations
    3. High volume, automated, electronic, repetitive queries except as reasonably necessary to register domain names or modify existing registrations
    4. Child pornography
    5. Human trafficking
    6. "Phishing" attacks
    7. Malware, viruses, Trojan horse, worms, time bombs or any other malicious or malevolent code designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecom equipment or other devices
    8. Content or links to websites which, in our sole judgment, function to share or otherwise distribute unlicensed software or digital content without the expressed permission of the copyright holder
    9. Pirated software/Warez
    10. Sites promoting illegal activities
    11. Fraudulent sites (including but not limited to site listed at aa419.org & escrow-fraud.com)
    12. Sale or distribution of counterfeit goods
    13. Infringement of registered trademarks
  5. WHOIS Information - ICANN requires the publication of registrant data including the domain name, the primary and secondary name servers, the registrar, the creation date, the expiration date, the name and postal address of the Registered Name Holder as well as the name, postal address, email address and telephone number for both the technical and administrative contact, to the publicly available WHOIS. The default information we use may not reflect the desired information. It is your sole responsibility to review this information and make necessary changes.
  6. Disclosure of Customer Information - You hereby grant to CloudAccess.net the right to disclose to third parties through a publicly accessible registration database the following information when registering a domain name: (i) the domain name; (ii) your name and postal address; (iii) the name, postal address, email address, telephone number and any fax number of the administrative, billing, and technical contact for your domain name; (iv) the Internet protocol numbers of the primary and secondary name servers for such domain names; (v) the names of those name servers; (vi) the original creation date of the domain name registration; and (vii) the expiration date of the domain name registration. 

Furthermore, in the event you use third party information for the registration of a domain name, you represent and warrant CloudAccess.net, Inc. that you have both notified any such third party regarding use of the third party’s information and that the third party has consented to your use of such information.
  7. If you wish to opt out of having your information displayed in the WHOIS database, you must utilize the ID Protection WHOIS service as set forth in our terms of service. You consent to allow us to transmit this registration data to an ICANN approved or designated agent who stores this information pursuant to ICANN requirements. You also grant to CloudAccess.net the right to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or email or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
  8. Domain Name Contact Information - You warrant that you will provide complete and accurate information. Your failure to update this information within seven (7) days of any change during the term of the domain name registration; your willful provision of inaccurate or incomplete information, or your failure to respond to our inquiries to the contact email address within fifteen (15) days shall constitute material breach of this agreement as well as the Registration Agreement and may result in the cancellation and deletion of the domain name.
  9. Domain Name Licensing/Leasing - You are still considered the Registered Name Holder for any domain name you license or lease to a third party. You warrant that you accept liability for harm caused by wrongful use of the domain name unless you disclose current and accurate contact information provided by the licensee/lessee within seven (7) days to any party submitting reasonable evidence of actionable harm.
  10. ID Protection - If you wish to privatize your registration information, you can opt for ID Protection while registering the domain or later. ID Protection will mask your private information by providing substitute data. You maintain ownership and control of the domain name. Your use of ID Protection does not exempt CloudAccess.net from our obligation to provide contact information to authorities should we be required to do so.
    1. Backend Service Provider may modify its information from time to time in such a way which may constitute a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). In such a case, You and Backend Service Provider explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, You and Backend Service Provider explicitly authorize the registrar of the IDP Domain to act as its "Designated Agent" (as defined in the Transfer Policy) to approve each "Change of Registrant" (as defined in the Transfer Policy) on its behalf.
  11. Pre-Registration - If you submit an application for pre-registration of a domain name, CloudAccess.net does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured. CloudAccess.net may use third-party service providers for the pre-registration Services.
  12. Parked Pages - CloudAccess.net reserves the right to display advertising or other content on domain names which are newly registered, expired or otherwise unused. 100% of all revenues or other benefits received from such activity belong solely to CloudAccess.net. CloudAccess.net reserves the right, in our sole and absolute discretion, to modify or disable the content and/or appearance of any such pages at any time and for any reason without notice.
  13. Third Parties - CloudAccess.net is an sub-registrar of Enom.com. From time to time we may partner with third parties in order to offer Services including registration of specific TLDs. You agree to be bound to additional agreements by reference herein.
  14. Domain Name Transfers
    1. Inter-registrar Transfers - Transfer of your domain name(s) to or from CloudAccess.net is governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/ including the Registrar Transfer Dispute Resolution Policy as well as the UDRP as described elsewhere in this Agreement.
    2. Only the Transfer Contact (the registered name holder) has authority to approve or deny a request to transfer a domain name to the Gaining Registrar. In the event of a dispute, the Registrant’s decision supersedes that of the Administrative Contact.
    3. You explicitly authorize us to act as your "Designated Agent" (as defined in ICANN's transfer policy) to approve each "Change of Registrant" (as defined in ICANN's transfer policy) on your behalf.
    4. Upon initiating a transfer to CloudAccess.net you warrant that you are the Registrant or Administrative Contact for the domain name in the WHOIS database. While domain name transfers are free the domain name is renewed for an additional year during the transfer process and an associated fee is charged at the time you submit the transfer order. Transfers to CloudAccess.net typically take five (5) business days unless the request to transfer is denied by the current registrar of record. Domain names that expired during the transfer process will not be transferred. Once a domain name transfer is complete and CloudAccess.net becomes the registrar of record the domain name cannot be transferred again for a period of sixty (60) days. You assume all risk for failure of a domain name transfer.
    5. When we receive a request to transfer domain name(s) registration to a third party we may take the following measures:
      1. Make reasonable efforts to verify the validity of the party requesting the transfer.
      2. Make an attempt to verify the transfer request using our account information for the Transfer Contact.
      3. Send the Transfer Contact a standardized form labeled “Confirmation of Registrar Transfer Request” to confirm or deny the validity of the request. A copy of this request is available here: http://www.icann.org/transfers/foa-conf-12jul04.htm .
      4. Failure to respond to this request in a timely manner may be deemed by us as your approval for the transfer of the domain name. CloudAccess.net will not be liable for any harm or damages resulting from the transfer.
      5. We may place a “Registrar Lock” on your domain name Services. This will prevent your domain name(s) from being transferred without your authorization. By allowing your domain name(s) to remain locked you provide express objection to any and all transfer requests until you unlock or deactivate the Registrar Lock.
      6. If the Company, in its sole discretion, determines there is a dispute regarding ownership of a domain name we may place an Administrative Lock on your domain name Services in the event of such dispute, including but not limited to UDPR, civil and criminal litigation. This lock will prevent the transfer, management and update of the domain name(s) in question.
      7. If the Company, in its sole discretion, determines there is a dispute regarding ownership of a domain name we may place an Administrative Lock on your domain name Services in the event of such dispute, including but not limited to UDPR, civil and criminal litigation. This lock will prevent the transfer, management and update of the domain name(s) in question.
  15. Aftermarket or Premium Domain Names - CloudAccess.net offers access to the purchase of aftermarket, or premium domain names that are currently registered to other companies or individuals. This access is provided by a variety of third party companies. Aftermarket domain names may fail to transfer for any number of reasons. You agree to hold CloudAccess.net harmless for failure to transfer the domain name.
  16. Domain Name Renewals
    1. By you - You are responsible for the renewal of your domain names. Different rules apply to different TLDs and it's the client's responsibility to understand the rules that apply to specific TLDs. CloudAccess.net will contact you via email at least three times prior to the expiration of each domain name and one time after expiration to advise you of upcoming expiration dates. Unless your domain names are enrolled in the Auto Renewal program you must take action to renew each domain you wish to continue to own. CloudAccess.net recommends turning on Auto Renewal for your domains to avoid accidental expiration. Renewal rates may differ from registration rates. Your renewal is subject to the then current rates.
    2. By others - CloudAccess.net offers Easy Renew, which provides the ability to renew your domain name without logging into your account. Third parties may also use this service at any time. Use of this service does not convey ownership or any other rights to the third party. Should a third party renew a domain residing in your account you remain responsible for activities related to that domain name.
    3. Expired Domain Names - CloudAccess.net adheres to the ICANN Expired Registration Recovery Policy for gTLDs available at http://www.icann.org/en/resources/registrars/consensus-policies/errp
      1. At a minimum, CloudAccess.net will send you a renewal notification via email thirty (30) days before the domain expires. CloudAccess.net will send you an additional renewal reminder seven (7) days prior to the domain name expiring. We will attempt to renew any domain name enrolled in the Auto Renewal program fifteen (15) days before expiration. Domain names that are not enrolled in Auto Renewal will generate additional notices unless the domain name is renewed.
      2. Domain names that are not renewed by the expiration date will cease to resolve to your chosen location until the domain name is renewed or deleted. CloudAccess.net will send you, at a minimum, one more domain renewal notification five (5) days post expiration date reminding you to renew your domain. CloudAccess.net reserves the right to display advertising on such expired domain names. We will also provide instructions on how you may renew the domain name directly on this page.
      3. Domain names that are not renewed within thirty (30) days of expiration are subject to third party auction, sale or deletion.
      4. gTLD domain names not renewed or acquired by third parties will enter a Redemption Grace Period of thirty (30) days. gTLD domain name that enter the RGP may be retrieved from the registry for a fee of $250.00 USD.
  17. Domain Name Disputes - You agree to be bound by the ICANN Uniform Dispute Resolution Policy (UDRP), which is incorporated into this agreement by reference and can be found at http://directnic.com/legal/udrp.php
    1. Any disputes regarding the right to use any of your domain names shall be subject to the UDRP.
    2. We may modify the Dispute Policy at any time and at our sole discretion in accordance with the ICANN Agreement or other ICANN policy.
    3. Your continued use of our domain name registration Services after any changes to the ICANN Policy take effect constitutes your acceptance of those changes.

Payment Terms

Billing

The credit card that Account Holders provide will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless CloudAccess.net gives notice to the contrary, payment for the Service is billed on a monthly basis. CloudAccess.net also accepts payments via PayPal, check, bank transfer.

Account Holder agrees that each Service has expressed limitations of that Service, regulated in the description of that particular Service. If Account Holder exceeds the limits additional fees may apply.

Account holder shall be responsible for contacting CloudAccess.net when credit card information has changed or when Account Holder feels they have been incorrectly charged. CloudAccess.net will not be responsible for any fees that occur therein.

Upgrades and Downgrades

You will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrades or downgrades will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged a pro-rata amount for the higher level Service. For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service, to be redeemed automatically in future billing periods. However, there will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars. Please note that downgrading your Service may cause the loss of content and/or features of your website, and CloudAccess.net does not accept any liability for such loss.

Cancellation and Termination

Failure to pay all applicable charges and service fees when due, including, but not limited to your credit card being declined or rejected by our merchant account processing gateway, shall be deemed a default cancellation without notice. If you modify your name server settings or other settings activating your site on another service this unilateral action shall be deemed a default cancellation without notice. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) CloudAccess.net shall not refund you any fees paid in advance of such termination. Your termination request must be submitted to CloudAccess.net. It is your obligation to notify CloudAccess.net of any change in billing or contact information in advance of the renewal date. Termination request will not be processed unless all due invoices are paid.

You agree CloudAccess.net, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your website if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if CloudAccess.net believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted website (as applicable) and all its parts, at CloudAccess.net's discretion, will be terminated as well. CloudAccess.net may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CloudAccess.net may immediately deactivate or delete your website, as applicable, and all related information and files. CloudAccess.net reserves the right to bar any further access to such files or the Service. You agree that CloudAccess.net shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

If an Account Holder has been granted a discount for CloudAccess.net's Services and cancels the Service before the Agreed upon period, Account Holder must pay for the all Services used.

Trial accounts will be automatically deleted after 7 days from the expiration of 30 days trial period. We request you to keep the backup of the site if you are developing a site at CloudAccess.net 30 days trial account. CloudAccess.net does not take the responsibility of data after the 30 days of trial period.

CloudAccess.net Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

Ownsership of a Website Account and Security

You are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website, including those of your Guests. You agree to immediately notify CloudAccess.net of any unauthorized uses of the account or any other breaches of security. CloudAccess.net cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will CloudAccess.net be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

Content and Conduct Rules and Obligations

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not CloudAccess.net, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. CloudAccess.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will CloudAccess.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service. You acknowledge that CloudAccess.net does not pre-screen Content, but that CloudAccess.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CloudAccess.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to CloudAccess.net. You acknowledge and agree that CloudAccess.net may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CloudAccess.net, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in CloudAccess.net's sole discretion as to what action should be taken.

Additional Software

With respect to any additional software that may be made available by CloudAccess.net in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Content Submitted

You acknowledge that CloudAccess.net does not pre-screen Content, but that CloudAccess.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, CloudAccess.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CloudAccess.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CloudAccess.net has no control over such sites and resources, you acknowledge and agree that CloudAccess.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CloudAccess.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

Indemnity

You agree to indemnify and hold CloudAccess.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by CloudAccess.net.

General Practices Regarding Use and Storage

You acknowledge that CloudAccess.net may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

Modifications to Service

CloudAccess.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that CloudAccess.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

CloudAccess.net Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CloudAccess.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

CloudAccess.net does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized CloudAccess.net representative, any material, information or idea you transmit to CloudAccess.net by any means may be disseminated or used by CloudAccess.net or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. CloudAccess.net expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. CloudAccess.net will make reasonable efforts to maintain the service, however, CloudAccess.net is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing up your data and information that may reside on the service. CloudAccess.net does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  4. No advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the tos.

Limitation of Liability

You expressly understand and agree that CloudAccess.net shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CloudAccess.net has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

U.S. Government Restricted Rights

The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of CloudAccess.net's proprietary rights in them.

General

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and CloudAccess.net shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and CloudAccess.net agree to submit to the personal and exclusive jurisdiction of the courts located within Cheboygan, Michigan. The failure of CloudAccess.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and CloudAccess.net and govern your use of the Service, superseding any prior agreements between you and CloudAccess.net (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other CloudAccess.net services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.