UCclouds.com - Terms of Service (TOS)

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The following Terms of Service must be agreed to and abide by for use of our services. Please be aware that UC Group, Inc. (d.b.a. ucclouds.com.) reserves the right to modify the Terms of Service at any time, and without notice as is deemed necessary by ucclouds.com. Please read these terms and conditions carefully. In addition to these Terms of Services, all account holders also agree and consent to our Acceptable Use Policy and Service Level Agreement.

ACCEPTANCE OF TERMS OF SERVICE
1. As a precondition and requirement to use the services available via UCclouds.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and UC Group, Inc. dba ucclouds.com, its subsidiaries and affiliates ("UCclouds.com"). Each Subscriber is subject to these Terms, and by using UCclouds.com's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from UCclouds.com. Further, Subscriber represents and warrants all information provided by Subscriber to UCclouds.com has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to UCclouds.com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through UCclouds.com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
3. UCclouds.com intends to provide the best possible web hosting service to each of its Subscribers. UCclouds.com is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, UCclouds.com reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
4. Subscribers may view the most current version of these Terms at http://UCclouds.com/company/legal/terms-of-service. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the UCclouds.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
5. Notwithstanding UCclouds.com's right to alter these Terms without prior notice, UCclouds.com may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to UCclouds.com, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.
6. If Subscriber is registering a new domain name with UCclouds.com, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://www.enom.com/terms/agreement.asp.
TERM - PAYMENT - RENEWAL OF ACCOUNT & OF DOMAIN
1. Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2.04 and 3.01.
2. Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by UCclouds.com from time to time.
  1. Late Fees. As a subscriber of UCclouds.com, it is the responsibility of the Subscriber to ensure that payment information is up to date, and all invoices are paid on time. UCclouds.com provides its Subscriber a 10-day grace period from the time the invoice is due and when it must be paid. Any invoice that is outstanding for 10-days and not paid will result in a $10.00 Late Fee and/or an account suspension until the Subscribers account balance is paid in full. The $10.00 Late Fee shall be applied in addition to whatever else is owed to UCclouds.com for services rendered. Access to the account will not be restored until payment in full has been received.
3. Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), ten (10) days prior to the expiration of Subscriber's hosting account, UCclouds.com will automatically renew Subscriber's hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber's originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), ten (10) days prior to the expiration of Subscriber’s domain, if registered with UCclouds.com, or if transferred to and registered with UCclouds.com, UCclouds.com will automatically renew Subscriber’s domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber's originally-selected method of payment. Subscriber acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of UCclouds.com. While consenting to UCclouds.com’s performance of said courtesy, Subscriber hereby releases UCclouds.com from all liability for its failure for any reason to renew said account or said domain. Subscriber acknowledges that there may be many reasons why UCclouds.com is unable to renew said account or domain, including but not limited to inability of UCclouds.com, for any reason, to bill said renewal to Subscriber’s credit card, to contact or otherwise get response from Subscriber at last known email address, or otherwise. Subscriber acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.
4. Cancellation of Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or Automatic Domain Renewal, Subscriber must notify UCclouds.com of Subscriber's intent to cancel at least sixteen (16) days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to UCclouds.com, as applicable, by sending same via Sales/Billing Ticket. UCclouds.com agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber's hosting account and/or domain, as applicable, shall expire on the account expiration date.
  1. How to Cancellation. Cancellation must be done in writing via the Cancellation Form provided in the Client Port for the specific hosting account that the Subscriber wishes to cancel. Once UCclouds.com receives the Subscriber Cancellation Request, a confirmation email will be sent. We require that cancellations of service are done through the Client Portal to (a) confirm your identity, (b) confirm in writing that the Subscriber is prepared for all files, emails and directories (all content) will be removed, and (c) document the request. This procedure reduces the likelihood of mistakes, fraudulent and malicious requests, and ensures that the Subscriber is fully aware that all content will be removed immediately after a cancellation request is processed.
5. Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing UCclouds.com Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
CANCELLATION OF SERVICES - REFUND POLICY
1. Cancellations and Refunds. UCclouds.com provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
  1. Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates and domain names are nonrefundable.
2. Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the expiration of 3 calendar days after registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(1). Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $10 per domain name.
3. Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days after registration, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(1), subject to the following additional mandatory reductions:
  1. Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $10 per domain name. Subscriber will retain full ownership and control of any such domain names.
  2. Dedicated IP. Any fees paid by Subscriber in connection with Dedicated IP will be refunded at a prorated rate based on the registration date, the term of service, and the date of cancellation.
4. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time twelve months after the anniversary date, before or after automatic account renewal; however, is not eligible to receive any pro-rated refund for fees paid for Services.
5. Notice of Cancellation. Subscriber may cancel their subscription at any time by logging into the Client Portal and complete the Cancellation Process. For details go to http://manage.ucclouds.com/knowledgebase/21/How-to-Cancel-My-Plan.html.
  
  2. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
PROPRIETARY RIGHTS

These Terms do not give Subscriber any rights in UCclouds.com intellectual property or technology. UCclouds.com and related trademarks and logos are the exclusive property of UCclouds.com. UCclouds.com and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar UCclouds.com from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
SECURITY AND OWNERSHIP
1. Site Security. UCclouds.com uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password and registered domain name(s). Furthermore, it is exclusively Subscriber's obligation to maintain all third party applications (e.g. cms, blogs, etc.) including, but not limited to; security upgrades issued by application developers, etc. Subscriber agrees to immediately notify UCclouds.com of any unauthorized uses of the Service or any other breaches of security. UCclouds.com will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services.
2. Access and Control Policy. When a new account or domain, as applicable, is registered with or transferred to UCclouds.com or , the process requires and results in the creation of the following within the records of UCclouds.com, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc, vi) valid security question.
  1. If a person contacts UCclouds.com and claims that she or he is entitled to access to an account, website, or domain registered with UCclouds.com or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), UCclouds.com will give access to the person who acceptably evidences she or he has substantially all of: i) name of the person who originally registered or last paid for said account; ii) email address of the person who originally registered or last paid for said account; iii) the user name of the person who originally registered or last paid for said account, if possible; iv) the associated payment information of the person who registered or last paid for said account, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or original payment medium or the one which was last used to pay for said account (mandatory), vi) answer to a valid security question. Otherwise, UCclouds.com will not give access and control to a claimant unless UCclouds.com is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring UCclouds.com to give such access and control to said claimant or unless there is submitted to UCclouds.com at abuse[at]ucclouds[dot]com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of UCclouds.com or of its affiliates shall not be deemed effective to give notice to UCclouds.com or its affiliates of any changes in said access or control.
  2. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against UCclouds.com arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases UCclouds.com from all liability and all claims for damages or any other liability whatsoever that may arise out of UCclouds.com’s following said policy and procedure.
3. License to UCclouds.com. UCclouds.com claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to UCclouds.com, Subscriber grants to UCclouds.com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on UCclouds.com's servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.
4. Transfer of Ownership. UCclouds.com is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with UCclouds.com or its affiliates. By accessing UCclouds.com’s system, registering, or using any of the services provided by UCclouds.com, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with UCclouds.com or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms.
  1. UCclouds.com will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with UCclouds.com or its affiliates only in the event that at least one of the following occur: i) there is received by the Abuse Manager (abuse[at]ucclouds[dot]com) a written statement (in a form acceptable to UCclouds.com or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) UCclouds.com is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internt Corporation for Assigned Names and Numbers (.ICANN.), requiring UCclouds.com (or affiliate) to transfer such ownership to said claimant.
    1. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within UCclouds.com; and, further, that any other changes made directly by Subscriber or by others within the online records of UCclouds.com or of its affiliates shall not be deemed effective to give notice to UCclouds.com or its affiliates of any changes in said ownership.
    2. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within UCclouds.com; and, further, that any other changes made directly by Subscriber or by others within the online records of UCclouds.com or of its affiliates shall not be deemed effective to give notice to UCclouds.com or its affiliates of any changes in said ownership.
5. Disputing Site or Account Ownership. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by UCclouds.com or in an associated UCclouds.com account. UCclouds.com is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by UCclouds.com or in an associated UCclouds.com account, and, in UCclouds.com's sole judgment, there is no certainty as to the ownership of or rights in said site or account, then UCclouds.com will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves UCclouds.com of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what UCclouds.com, in its sole judgment, deems to be a reasonable time, then UCclouds.com, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Georgia, file an action in a court of competent jurisdiction within the State of Georgia for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse UCclouds.com for all of its expenses relative to said action including without limit all its court costs and reasonable attorney fees. All amounts owed to UCclouds.com under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said action. Failure of the rightful owner of said site and/or associated account to cause UCclouds.com to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle UCclouds.com to a judgment against said rightful owner for all costs and all of UCclouds.com's expenses relative to said action including without limit all of UCclouds.com's court costs and reasonable attorney fees. No rights enumerated in this section 5.03 shall in any way diminish any other rights of UCclouds.com enumerated in any other section of these Terms or otherwise available to UCclouds.com at law or in equity.
PRIVACY POLICY
1. Commitment. The UCclouds.com commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, UCclouds.com will take commercially reasonable steps to ensure your right to privacy. UCclouds.com is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
2. Encryption. When Subscriber orders from UCclouds.com, Personal Data Transmissions are encrypted. When Subscriber orders from UCclouds.com, all of Subscriber's personal information is protected. UCclouds.com uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
3. Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with UCclouds.com, subject to specific confidentiality agreements, UCclouds.com will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
  1. Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, ENOM, and to Global Sign (SSL cert. creation).
  2. UCclouds.com will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise UCclouds.com's legal rights or defend against legal claims.
  3. UCclouds.com will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
  4. UCclouds.com may transfer information about Subscribers if UCclouds.com is acquired by or merged with another company, in which event UCclouds.com will notify Subscriber.
COOKIE POLICY STATEMENT
1. General Purposes. UCclouds.com understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. UCclouds.com provides this Cookie Policy Statement to let you, the Subscriber, know how UCclouds.com uses this technology. UCclouds.com uses cookies to help UCclouds.com improve its website and web hosting services, and, most importantly, to provide UCclouds.com's existing Subscribers with the opportunity for continued savings and increased convenience.
2. Cookies for Improving Our Web Site. UCclouds.com uses cookies to inform UCclouds.com of a repeat visit. The cookie does not tell UCclouds.com who a visitor is, the visitor's name, email address, or Passwords.
3. Cookies for Banner Rewards (Affiliate) Program. To offer UCclouds.com Subscribers continued savings, UCclouds.com uses cookies to help monitor the traffic generated from UCclouds.com banners and logo buttons displayed on UCclouds.com Subscribers' websites. For every new UCclouds.com Subscriber that is introduced to UCclouds.com through a Subscriber's website, the Subscriber receives a credited discount.
4. Cookies for Subscriber Account Management. For UCclouds.com Subscribers, UCclouds.com uses cookies to store user names for added convenience to the Webmaster. As part of our UCclouds.com web hosting package, UCclouds.com offers password-protected, web-based management tools. By storing a Subscriber's username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) UCclouds.com is dedicated to using the newest technologies in order to simplify our Subscribers' experience.
PROHIBITED USES
1. Breach of Terms and Account Termination. The uses of UCclouds.com Services set forth in this section (9) herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of UCclouds.com) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice.
2. Spamming. Spamming, whether or not it overloads the Services or disrupts service to UCclouds.com's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. UCclouds.com requires that all email messages contain an automated opt out . We do not allow purchased lists. UCclouds.com's Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. UCclouds.com reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, UCclouds.com allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
3. Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
4. Profanity. Profanity or profane subject matter in the site content and in the domain name is prohibited.
5. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
6. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. UCclouds.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
7. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
8. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
9. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
10. Anonymous Proxies. UCclouds.com does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
11. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
12. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. UCclouds.com is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
13. Other Illegal Activities. The use of the Services to engage in any activity that is determined by UCclouds.com, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. UCclouds.com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
14. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
15. Backup Storage. UCclouds.com offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
16. Other Activities. Engaging in any activity that, in UCclouds.com's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, UCclouds.com's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of UCclouds.com's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with UCclouds.com in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, UCclouds.com has adopted a policy that provides for termination of websites hosted by UCclouds.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by UCclouds.com or a UCclouds.com subsidiary, and the copyright holder wants UCclouds.com to remove the website or disable the material in question, UCclouds.com will remove the website or disable the material if the copyright holder provides us with all of the following information.
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
GENERAL
1. Promotional Pricing. UCclouds.com may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and UCclouds.com will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
2. Backups. For its own operational efficiencies and purposes, UCclouds.com from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON UCCLOUDS.COM SERVERS, AND under no circumstance will UCclouds.com be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any UCclouds.com server. UCclouds.com creates their own weekly backups on the shared servers, and can restore from those. However, this is NOT a procedure a subscriber should rely on to keep content safe. Backups made every Sunday; only the newest backups are kept. UCclouds.com make no guarantees about weekly backups by UCclouds.com, and do require a $15 fee to restore the UCclouds.com backups. If you can provide your own backup file, then the fee is $0 (free).
3. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by UCclouds.com may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, UCclouds.com does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if UCclouds.com becomes aware of any violation of these Terms, UCclouds.com may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via UCclouds.com, and/or removing non-complying information. In addition, UCclouds.com may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. UCclouds.com reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. UCclouds.com may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect UCclouds.com or others from harm, and/or to ensure the proper operation of the Services. UCclouds.com has no obligation to notify any person, including the Subscriber about whom information is sought, that UCclouds.com has provided the information.
4. Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on UCclouds.com in order to avoid termination of Subscriber's UCclouds.com account(s).
5. Duty to Notify UCclouds.com of Breach. If Subscriber discovers anyone on the UCclouds.com system violating any of these Terms or notices anything suspicious from the UCclouds.com network, Subscriber agrees to report the violation or suspicious activity to our Abuse Department by submitting an Abuse Ticket via the Client Portal for investigation. UCclouds.com reserves the right to and will immediately terminate any account which UCclouds.com concludes to be in violation of any of these Terms.
6. Reservation of Rights. UCclouds.com reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with UCclouds.com.
7. Severability. These Terms are binding upon UCclouds.com, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
8. Governing Law. These Terms shall be governed by the laws of the State of Georgia without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of UCclouds.com, Subscriber agrees that all disputes, if any, involving UCclouds.com shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Georgia; provided, further, that all action brought against UCclouds.com in State Court must be brought in Gwinnett County, Georgia and, if in Federal Court, in Fulton County, Georgia.
  
  Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving UCclouds.com. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Georgia's long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against UCclouds.com outside the State of Georgia; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Georgia, shall be deemed to support and to stipulate to a motion made by UCclouds.com to dismiss said lawsuit with respect to UCclouds.com.
WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
1. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. UCCLOUDS.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY UCCLOUDS.COM OR UCCLOUDS.COM'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. UCCLOUDS.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. UCCLOUDS.COM DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. UCCLOUDS.COM DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR UCCLOUDS.COM IN PARTICULAR.
2. Limitations on UCclouds.com's Liability. UCCLOUDS.COM SHALL NOT BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL UCCLOUDS.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT UCCLOUDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. UCCLOUDS.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.UCCLOUDS.COM'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL UCCLOUDS.COM'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO UCCLOUDS.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, UCCLOUDS.COM'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indemnification of UCclouds.com. You, the Subscriber, agree to defend, indemnify and hold UCclouds.com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or Subscriber’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. UCclouds.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
4. Disclaimers; Limitation on Company Liability.
  UCCLOUDS.COM SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF UCCLOUDS.COM NETWORK, RECLAIMATION OF SERVERS BY UCCLOUDS.COM, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF UCCLOUDS.COM. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON UCCLOUDS.COM NETWORK OR ANY SERVER OWNED OR OPERATED BY UCCLOUDS.COM.
  
  IN NO EVENT SHALL UCCLOUDS.COM’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO UCCLOUDS.COM IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM.
  
  UCCLOUDS.COM PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  
  CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND UCCLOUDS.COM SHALL HAVE NO LIABILITY THEREFORE.
  
  NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST UCCLOUDS.COM MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.
  
  CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, AND UCCLOUDS.COM’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF UCCLOUDS.COM NETWORK, UCCLOUDS.COM HARDWARE OR UCCLOUDS.COM INFRASTRUCTURE OR THE FAILURE BY UCCLOUDS.COM TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Sanctioned Countries presently include, among others, Balkans, Belarus, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria, and Zimbabwe. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
  1. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of UCclouds.com.
  2. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of UCclouds.com, regardless of where said individual is located.
2. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
  1. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of UCclouds.com.
3. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
  1. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of UCclouds.com.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO UCCLOUDS.COM SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR UCCLOUDS.COM ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

(END of Terms of Service)

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