Terms & Conditions - Acceptable User Policy
This Agreement ("Agreement") is a binding agreement between Cloud With Me Limited of 39 Northumberland Road, Ballsbridge, Dublin, Ireland ("CWM") and the person or entity (“you” or “your”) on whose behalf this Agreement is executed.
Please read this Agreement carefully prior to ordering or using any of the Services. This Agreement and any subsequent modifications thereto, exclusively govern your use of the Services subject to applicable laws. This Agreement represents the complete agreement and understanding between you and CWM and supersedes any other written or oral agreement. If you do not agree to these terms and conditions set forth in this Agreement, you must notify CWM to arrange for closure of your account. You shall continue to be bound by these terms and conditions until your account has been closed by CWM and confirmation of closure has been provided. Use of your account at any time shall constitute your acceptance and approval of the terms and conditions set forth in this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and CWM agree as follows:
CWM reserves the right to cancel your use of the Services for any reason without prior notice. Where appropriate, any fees paid for yet to be used services may be returned to you on a pro-rated basis. Such discretion is to be consistent with the terms of this Agreement and to the extent that no such term is set forth in this Agreement, discretion rests solely with CWM as to whether to issue a refund. In some instances, fees are not capable of being refunded notwithstanding any remaining term of a contract or subscription. In the event that CWM has cancelled your account and you re-register with CWM following such cancellation without the express written consent of CWM, CWM reserves the right to cancel your account and retain any and all fees paid to date as a part of that re-registration, regardless of whether any service has been rendered, as a forfeiture related to your unapproved re-registration.
Within the first 30 days as a CWM customer, CWM will cancel your account and refund all money paid by you upon receipt of a formal request for cancellation. During the first 30 days as a CWM customer, CWM will cancel your account and offer a pro-rated refund for all unused fees based on CWM's standard, non-discounted monthly plan pricing upon receipt of an express request for cancellation by the CWM. If you have multiple registrations with CWM, your starting date as a CWM customer is defined as the earliest date that you become a client with CWM.
Closure of your account does not automatically or necessarily entitle you to a refund of any fees due or paid.
CWM accounts cannot be transferred or used by anyone other than the subscriber. You may not sell, lease, rent or assign accounts to any party that has not expressly accepted and agreed to be bound by the terms and conditions of this Agreement. Shared hosting accounts cannot be used for resale purposes. Violations of any of the provisions of this Section are grounds for the suspension and/or termination of a user account.
You agree to, and shall, without limitation or exception, indemnify, defend, and hold harmless CWM and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from and against any claim, demand, action, damages, liability, loss, costs, or expenses, including reasonable legal counsel fees, due in whole or in part to any breach or violation of this Agreement, including, but not limited to:
Services provided to you by CWM may only be used for lawful purposes. The transmission or publication of any information, data, or material in violation of any federal or state regulation or law is strictly prohibited and grounds for immediate cancellation of your account. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material, obscene material, material that is deemed to be suited for "adults only," pornography, child pornography, as well as links to or instructions for accessing the foregoing. CWM reserves the right to remove any and all materials which infringe on copyright work or that otherwise violate permitted use of the Services offered by CWM. Examples of non-acceptable content or links include, but are not limited to, hacker applications/archives, "Warez" sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, and spam applications.
You warrant that:
You agree that CWM may identify you in any relevant subscriber directory.
If you would like to cancel your CWM account, you may do so at any time by sending an email to firstname.lastname@example.org and we will process your cancellation request within 14 days of receiving your email. Upon account cancellation, we may retain information collected from you on our servers. If you would like to delete all information and data collected from you, you must submit a request for the deletion of all of your information and data to CMW by sending an email to email@example.com.
You will find the fees payable for the Service in the “Pricing” section of CWM website. We reserve the right to change the fees at any time but we will, of course, inform you of such change in advance.
CWM may communicate with you through e-mail for issues related to billing, changes, additions and modifications to the network. It is your responsibility to provide a valid and operational electronic mail address and to check that address for e-mail sent to you. It is your further responsibility to inform CWM of any changes to your account, such as phone number, address, credit card information. You may be required to provide verification for security purposes authorizing you to make any changes to an account. The use of profanity in language, or abuse towards any CWM employee via chat, e-mail, e-ticket system, or in any other form will result in a complete block from the CWM support system and subject your account to cancellation without a refund.
CWM is not responsible for files or data loss. It is the client full responsibility for file and data transfer and maintaining backup file of your own account. Backup are used solely by CWM for emergency or server restoration only. There will be no backups for accounts that have been suspended or terminated. CWM will not be responsible for any data loss related to accounts that have past due invoice or suspended due to non-payment. CWM will not be responsible for any data loss.
By using any CWM services, you agree to submit to binding arbitration. CWM shall select such arbitrator in its sole discretion in respect of all disputes or claims arising against CWM. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties.
CWM makes no warranties of any kind, whether expressed, statutory, or implied for any of the services provided under this Agreement and expressly disclaims the same. The aforementioned includes but is not limited to warranties of merchantability, fitness for use, fitness for a particular purpose, and non-infringement. Your use of the CWM service and the third party open sources or codes which may be suggested to you from time to time while you visit the CWM website is at your sole risk. Any and all CWM services are provided on an "as is" basis and "as available" basis. Unless otherwise set forth herein, CWM expressly disclaims all promises, representations, and warranties relating to any and all CWM services and add-on software, third party software and third party open sources or codes, including but not limited to their condition, their conformity to any representations or description, and the existence of any patent or latent defects. CWM further makes no warranty that any service offered by CWM will:
You expressly acknowledge and agree that CWM shall not be liable for any indirect, incidental, special, consequential, or exemplary losses or damages, including without limitation damages for lost profits, goodwill, use, data, down time, failure to realize savings, or other indirect loss (even if advised as to the possibility of such damages) resulting from:
The relationship between you and CWM is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Your right to use any Services provided by CWM is not transferable and is subject to any limits established by CWM. You may not assign or transfer this Agreement in whole or in part to any third party without CWM's express, written consent, which shall be given, if at all, in CWM's sole discretion. CWM may assign this Agreement at will.
You represent and warrant that you have read and understood this Agreement and that it constitutes a valid and legally binding agreement; and that you have full power, authority and legal capacity to enter into this Agreement and perform your obligations hereunder. If you are registering on behalf of a company or other entity, you agree that you have the authority to bind such company. This Agreement shall inure to the benefit of, be binding upon, and be enforceable by the parties it describes and their respective officers, directors, employees, representatives, successors, and permitted assigns.
You agree that notices to you may be made via e-mail or regular mail. You also agree that notice of changes to this Agreement or other matters may be made by displaying notices or links to notices to you. Notices to CWM may be made by such contact information as may be designated by CWM for such purpose. CWM may modify the terms and conditions of this Agreement, modify the prices of any Services governed by this Agreement, as well as discontinue or change the scope of any such Services with or without prior notification.
CWM shall not be responsible for delays or failures in performing its obligations under this Agreement due to events of force majeure or any other cause beyond its reasonable control.
CWM is the exclusive owner of all offered services except when any such service is offered under license. Under no circumstance are you to be considered an owner of any CWM services or property. All communications to and from CWM personnel via e-ticket, e-mail, and live chat are confidential and property of CWM, and cannot be disclosed or distributed to any third-party without the express written consent of CWM.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. This Agreement may be amended by CWM upon CWM's posting of a new version at http://www.cloudwith.me.
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section shall be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect. No such severing shall affect the interpretation of the applicable provision or any other part hereof in any other jurisdiction or with respect to any other facts or circumstances.
Section headings provided herein are for convenience only and form no part of this Agreement and will not affect the interpretation of this Agreement.
The failure of CWM to enforce or require enforcement of any provision of this Agreement will not constitute or be construed to be a waiver of its right to enforce or requirement enforcement of that or any other provision now or in the future.
Any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose or any such cause of action is otherwise permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, ownership, and limitations on liability shall survive any termination of this Agreement, except as expressly set forth therein to the contrary.