Before you register with services offered by Cloud A Computing Inc., you must read and agree to this Terms of Service (“TOS”). By using the services offered by Cloud A Computing Inc. (the “Service”), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Cloud A Computing Inc. (“Cloud A”) and you.
Cloud A may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.clouda.ca/other/ToS
Description of Services.
Services covered by this agreement are any services offered by Cloud A (the “Service”). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet.
Eligibility.
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Cloud A reserves the right to refuse service to anyone at any time without notice for any reason.
Proper Use.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Cloud A; use the Service for any fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Cloud A; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Cloud A reserves the right to throttle resources for any reason it sees fit, including (but not limited to) significant network usage where other users are affected.
Payment Terms.
Monthly Terms: A valid credit card is required for you to use the product on a month-to-month basis. The service is billed monthly for usage of the service for the previous month(s). There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Modification to Fees and Services.
Cloud A reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Cloud A reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Cloud A website (www.clouda.ca) or by e-mail notification. Cloud A will use the e-mail address(es) that we have on file, and it is the responsibility of the Client to ensure that these are accurate.
Cancellation and Termination.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by sending an e-mail to support@clouda.ca. There will be no refund if you cancel the Service before the end of your current, paid-up billing cycle, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Cloud A may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Intellectual Property Rights.
As between you and Cloud A, you acknowledge that Cloud A owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Canadian and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Cloud A claims no intellectual property rights over the material you provide to the Service. Portions of the underlying software code may be subject to licenses from third parties and any ownership rights to such portions of the underlying software code are disclaimed.
Warranties and Liability.
Cloud A does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Cloud A shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cloud A has been advised of the possibility of such damages), resulting from your usage of the Service.
Indemnification.
You agree to hold harmless and indemnify Cloud A, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Cloud A will provide you with written notice of such claim, suit or action. The failure of Cloud A to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Cloud A and govern your use of the Service, superseding any prior agreements between you and Cloud A (including, but not limited to, any prior versions of the TOS).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Cloud A at support@clouda.ca.