Your Agreement with CloudWays
Your use of the CloudWays (the “Service”) is governed by this agreement (the “Terms”). “CloudWays” means CloudWays, Inc., and its subsidiaries or affiliates involved in providing the Service.
1) You can accept the Terms by clicking to accept or agree to the Terms.
2) You may not use the Services and may not accept the Terms if
(a) You are not of legal age to form a binding contract with CloudWays, or
(b) You are a person barred from receiving the Services under the laws of the United States
or other countries including the country in which you are resident or from which you use the Services.
CloudWays provides valued added service to various cloud providers. As a client of CloudWays you agree to uphold the license / user agreements of the cloud providers to the extent it applies to your use of CloudWays services. Please also read Amazon’s License Agreement and ElasticHosts License Agreement. As a CloudWays user, you agree to uphold Amazon’s License Agreement and/or ElasticHosts License Agreement to whatever extent it applies to your usage of Amazon, ElasticHosts and CloudWays.
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES AND/OR ELASTICHOSTS. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
Your Account with CloudWays:
1.You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify CloudWays immediately. Accordingly, you agree that you will be solely responsible for all activities that occur under your account
2.You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.You may neither share nor re-sell your CloudWays account to 3rd parties.
4.Unless you have been specifically permitted to do so in a separate agreement with CloudWays, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Disclaimer Of Warranty:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND CloudWays DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CloudWays MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES CloudWays MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN
Limitation of liability:
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall CloudWays or any other contributor or supplier, be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that any loss or damage incurred by you, including but not limited to loss or damage as a result of:
1. Any changes with CloudWays make to the services, or any temporary or permanent cessation in the provision of the services (or any features within the services)
2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service.
Mutual Indemnification
Both parties (CloudWays and User) shall indemnify and hold harmless the other side (the User and CloudWays) and its Client, their owners, officers, directors, agents, and employees, from and against all claims, liabilities or costs (including attorney’s fees and court costs), brought by any other party, including private parties or governmental entities.
Mutual Confidentiality
Both parties (CloudWays and User) agree not to disclose to any third party, confidential information of CloudWays, User, or anyone with a business or employment relationship with CloudWays or User. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services.
General Legal Terms
1.CloudWays may make changes to the Terms from time to time. When these changes are made, CloudWays will make a new copy of the Terms available at http://www.cloudways.com/terms.php. You understand and agree that if you use the Services after the date on which the Terms have changed, CloudWays will treat your use as acceptance of the updated of the Terms
2.If CloudWays provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
3.CloudWays is constantly striving to better its product offering and will contact User using the email provided after signup for these and other purposes: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs
4.User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of CloudWays for any matter or any proceeding for which notice is required
5.The Services may include hyperlinks to other web sites or content or resources. CloudWays may have no control over any web sites or resources which are provided by companies or persons other than CloudWays.
6.You acknowledge and agree that CloudWays is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources
7.You agree that if CloudWays does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CloudWays has the benefit of under any applicable law), this will not be taken to be a formal waiver of CloudWays rights and that those rights or remedies will still be available to CloudWays.
8.CloudWays employs industry standards technology and best practices to store and protect your Amazon and ElasticHosts login information. In no case shall CloudWays be held liable for any damages incurred as a result of such network or software related breach. In case of a breach CloudWays will immediately notify you via email or phone call, as CloudWays deems sufficient, to take necessary actions on your end.
9.If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable
This is the full agreement. CloudWays may make changes to it from time to time, representing modified/added clause in bold black.