diff --git a/tos.html b/tos.html index ce17d04..60cd6ff 100644 --- a/tos.html +++ b/tos.html @@ -60,7 +60,7 @@ Contact - Register + Login @@ -105,217 +105,3375 @@
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Last Revised: 01/01/2024

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PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

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1. OVERVIEW

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This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between IO Cloud Solutions and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services accessed through this Site (individually and collectively, the “Service” or “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

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The terms “we”, “us” or “our” shall refer to IO Cloud Solutions. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. IO Cloud Solutions may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, IO Cloud Solutions may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your “Account” information current. IO Cloud Solutions assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

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2. ELIGIBILITY; AUTHORITY

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This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are

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  1. at least eighteen (18) years of age,
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  2. otherwise recognized as being able to form legally binding contracts under applicable law, and
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  3. are not a person barred from purchasing or receiving the Services found under the laws of applicable jurisdiction.
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If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, IO Cloud Solutions finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement. IO Cloud Solutions shall not be liable for any loss or damage resulting from IO Cloud Solutions’s reliance on any instruction, notice, document or communication reasonably believed by IO Cloud Solutions to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, IO Cloud Solutions reserves the right (but undertakes no duty) to require additional authentication from you.

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You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

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IO Cloud Solutions is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.

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3. ACCOUNTS; TRANSFER OF DATA ABROAD

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Accounts

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In order to access some features of this Site or use some Services, you will have to create an Account. You represent and warrant to IO Cloud Solutions that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If IO Cloud Solutions has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, IO Cloud Solutions reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.

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You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password. You must notify IO Cloud Solutions immediately of any breach of security or unauthorized use of your Account. IO Cloud Solutions will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss IO Cloud Solutions or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

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Transfer of Data Abroad

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If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

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4. AVAILABILITY OF WEBSITE/SERVICES

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Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

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From time to time, IO Cloud Solutions may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Trial Services”. If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions:

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  1. You acknowledge and agree that the Trial Services are pre-release versions and may not work properly;
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  2. You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures;
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  3. The Trial Services are provided as-is, so we do not recommend using them in production or mission critical environments;
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  4. IO Cloud Solutions reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time;
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  5. Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases;
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  6. IO Cloud Solutions may limit availability of customer service support time dedicated to support of the Trial Services;
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  7. You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Trial Services shall be owned exclusively by IO Cloud Solutions;
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  8. You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to IO Cloud Solutions;
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  9. The Trial Services are provided “as-is”, “as available”, and “with all faults”. To the fullest extent permitted by law, IO Cloud Solutions disclaims any and all warranties, statutory, express or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
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You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with IO Cloud Solutions. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.

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5. GENERAL RULES OF CONDUCT

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You acknowledge and agree that:

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Table of Contents

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IO Cloud Solutions reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

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6. ACCEPTABLE SERVER RESOURCE USE

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Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and/or disk space.

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You acknowledge that IO Cloud Solutions may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on IO Cloud Solutions’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IO Cloud Solutions has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that IO Cloud Solutions may, in its sole and absolute discretion, suspend or terminate your Account if we consider it to be inactive for an extended period of time. You further acknowledge that IO Cloud Solutions reserves the right to modify these general practices and limits from time to time.

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Script Usage Terms

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Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed.

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The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a IO Cloud Solutions-hosted domain.

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Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.

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Disk Space Usage Terms

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IO Cloud Solutions offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user, links to HTTP download of this content is not acceptable.

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Archives of movie files, audio files, zips, rars or any large volumes of files used for downloading/sharing is not allowed.

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Maximum Free Hosting Accounts per Person

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One free hosting accounts are allowed per person. Registering more than one account is considered abuse and will result in all accounts being terminated without notice.

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7. YOUR USE OF IO Cloud Solutions CONTENT AND USER CONTENT

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In addition to the general rules above, the provisions in this Section apply specifically to your use of IO Cloud Solutions Content and User Content posted to IO Cloud Solutions’s corporate websites (i.e., those sites which IO Cloud Solutions directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

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IO Cloud Solutions Content

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Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“IO Cloud Solutions Content”), are owned by or licensed to IO Cloud Solutions in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States of America and foreign countries, and other intellectual property rights under United States of America and foreign laws.

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IO Cloud Solutions Content is provided to you “as-is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of IO Cloud Solutions.

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No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.

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IO Cloud Solutions reserves all rights not expressly granted in and to the IO Cloud Solutions Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

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User Content

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Some features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account.

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By posting or publishing User Content to this Site or to the Services, you represent and warrant to IO Cloud Solutions that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

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Security

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You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any IO Cloud Solutions Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the IO Cloud Solutions Content or the User Content therein.

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8. IO Cloud Solutions’S USE OF USER CONTENT

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The provisions of this Section apply specifically to IO Cloud Solutions’s use of User Content posted to IO Cloud Solutions’s corporate websites (i.e., those sites which IO Cloud Solutions directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

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Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

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With Respect to User Submissions. You acknowledge and agree that:

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With Respect to User Content (Other Than User Submissions)

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If you have a website or other content hosted by IO Cloud Solutions, you shall retain all of your ownership or licensed rights in User Content.

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By posting or publishing User Content to this Site or through the Services, you authorize IO Cloud Solutions to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.

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You hereby grant IO Cloud Solutions a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and IO Cloud Solutions’s (and IO Cloud Solutions’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.

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You also hereby grant each User of this Site a non-exclusive license to access your User Content (except User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that IO Cloud Solutions may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, IO Cloud Solutions shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or IO Cloud Solutions’s (or IO Cloud Solutions’s affiliates’) business(es).

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9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

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You acknowledge that IO Cloud Solutions may or may not pre-screen User Content (whether posted to a website hosted by IO Cloud Solutions or posted to this Site), but that IO Cloud Solutions and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service.

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Without limiting the foregoing, IO Cloud Solutions and its designees shall have the right to decide whether any User Content violates the Agreement or is otherwise objectionable. IO Cloud Solutions may remove any item of User Content (whether posted to a website hosted by IO Cloud Solutions or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by IO Cloud Solutions in its sole and absolute discretion), at any time and without prior notice. IO Cloud Solutions may also terminate a User’s access to this Site or the Services found at this Site if IO Cloud Solutions has reason to believe the User is a repeat offender. If IO Cloud Solutions terminates your access to this Site or the Services found at this Site, IO Cloud Solutions may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

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10. ADDITIONAL RESERVATION OF RIGHTS

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IO Cloud Solutions expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by IO Cloud Solutions in its sole and absolute discretion), including but not limited to the following:

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  1. to correct mistakes made by IO Cloud Solutions in offering or delivering any Services,
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  2. to assist with our fraud and abuse detection and prevention efforts,
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  3. to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations,
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  4. to comply with requests of law enforcement, including subpoena requests,
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  5. to comply with any dispute resolution process,
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  6. to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
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  7. to avoid any civil or criminal liability on the part of IO Cloud Solutions, its officers, directors, employees and agents, as well as IO Cloud Solutions’s affiliates, including, but not limited to, instances where you have sued or threatened to sue IO Cloud Solutions.
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IO Cloud Solutions expressly reserves the right to terminate, without notice to you, any and all Services where, in IO Cloud Solutions’s sole discretion, you are harassing or threatening IO Cloud Solutions and/or any of IO Cloud Solutions’s employees.

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11. NO SPAM; LIQUIDATED DAMAGES

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No Spam

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We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

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We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

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We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

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If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

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We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email .

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Liquidated Damages

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You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk emails.

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IO Cloud Solutions supports the protection of intellectual property. If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark or a copyright claim for material on which you hold a bona fide copyright, please send them at .

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This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by IO Cloud Solutions. IO Cloud Solutions assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, IO Cloud Solutions does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release IO Cloud Solutions from any and all liability arising from your use of any third-party website. Accordingly, IO Cloud Solutions encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

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Dealings with Advertisers

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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 IO Cloud Solutions 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.

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14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

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YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. IO Cloud Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IO Cloud Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

+All Subscriber Agreements may be amended from time to time and you are solely responsible to check for such changes, follow up and comply with them.
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+For detailed information about the account/order verification process, our delivery policy, invoicing and payment restrictions please refer to our Terms Of Services - Provisioning & Invoicing.
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+For detailed information about refunds please refer to our Terms Of Services - Refund Policy. +
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@@ -341,14 +3499,14 @@ Contact Us Privacy Policy Terms & Condition - Support + Support
Our Services
- Shared Hosting - VPS Hosting - Dedicated Hosting + Shared Hosting + VPS Hosting + Dedicated Servers
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