General Terms and Conditions – Membership Agreement
Worldcloud.com and its affiliates provide products and services to clients all around the world. Worldcloud has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services. If you visit, shop, or use any of our products and services at Worldcloud.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Worldcloud.com products and services or visit or purchase from any business affiliated with Worldcloud.com, whether or not included in the Worldcloud.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DEFINITIONS USED IN THIS DOCUMENT
“Worldcloud.com, Inc.”, “Worldcloud.com”, “Worldcloud” “Worldcloud.com” and “We” are defined as the company Worldcloud.com, Inc. “The customer”, “Worldcloud’s customers,” and “You” are defined as patrons of Worldcloud.com, Inc. “This site” is defined as any website that is owned, operated or otherwise directly or indirectly maintained by Worldcloud.com, Inc. “Service” and “Product” are interchangeable, and defined as any merchandise or commercial offering of Worldcloud.com. The term “spam” is used as it is currently defined by the Federal Trade Commission.
Please review our Privacy Notice, which also governs your visit to Worldcloud.com, to understand our practices.
SERVICE LEVEL AGREEMENTS
Please review our Service Level Agreement policies.
AFFILIATES AND RESELLERS
Please review our Affiliate And Reseller Policies.
NON DISCLOSURE AGREEMENT
Companies that require signed Non-Disclosure Agreements may review our Non-Disclosure Agreement and/or in most cases, we are happy to sign any ‘reasonable’ agreement which you may wish to use.
When you visit Worldcloud.com or send e-mails to us,you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements,notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by Worldcloud.com may be used for lawful purposes only. Transmission, storage, or presentation of any information ,data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless Worldcloud.com from any claims resulting from the use of the service which directly or indirectly damages any other party.
COMMERCIAL ADVERTISING AND BULK EMAIL
Worldcloud.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM through our network and services. Customers of Worldcloud.com may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of Worldcloud.com may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions ,SPAM is further defined as any e-mail that is sent to a recipient that did not ask for it to be sent to them or any e-mail that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for e-mail correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Worldcloud will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
Users who maintain e-mail lists, or send em ails to more than 10 recipients at a time, or send more than 1,000 e-mails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Worldcloud.com upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Worldcloud.com will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to e-mail include, without limitation, the following: (i) Use of Worldcloud.com for the receipt of replies to unsolicited mass e-mail; (ii) Forgery of e-mail headers(“spoofing”); (iii) Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software; (iv) Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers); (v)Hosting web pages advertised within “spam e-mail” sent from another network(“spamvertising”); (vi) Hosting web pages or providing services that support bulk emailers or SPAM; (vii) Any other unsolicited bulk messages,postings, or transmissions through media such as weblog posts, IRC/chat room messages, guest book entries, HTTP referred log entries, USENET posts, pop-up messages, instant messages, or SMS messages; (viii) configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send e-mails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your e-mails;(ix) use of any e-mail address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound e-mails.
SPAM Complaint Processing fees – A service fee of $50 per spam complaint will be applied for SPAM complaints that are processed by or sent to Worldcloud.com as a result of violations of these Terms of Service. A service fee of $125/hour will apply for investigation and corrective work performed by Worldcloud.com to resolve SPAM violations.
IP Blacklisting Removal Fees If, as a result of a Customer’s actions, Worldcloud.com’s mail servers or IP address ranges are placed on mail black hole lists or other mail filtering software system list, Worldcloud.com shall charge Customer $250 up front and $125 per hour thereafter for any necessary investigation and corrective work.
ACCEPTABLE USE POLICY
General Statement: Worldcloud.com’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Worldcloud.com expects of them while using a product or service. All users of Worldcloud.com’s products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on Worldcloud.com’s products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use,promote, host, or participate in (i) Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code, (ii) Unsolicited E-mail ‘SPAM’ to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted; (iii) Proxy E-mail (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited e-mail (SPAM) to unrelated third parties; (iv) UseNet SPAM: sending,receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the Worldcloud.com network or unrelated third party networks; (v) E-mail Bombing: The sending, return, bouncing or forwarding of e-mail to specified user(s) in an attempt to interfere with or over flow e-mail services; (vi) Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities; (vii) Pornography; (viii) Threats & Harassment:Including but not limited to threats or harassment to individuals,organizations or businesses; (ix) Fraudulent activities; (x) Denial of Service (DOS and DDOS); (xi) Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind; (xii) Distribution of Malware: including virus software,root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities; (xiii) Fishing: any activity associated with fishing or systems designed to collect personal information(name, account numbers, user names, passwords, etc.) under false pretense;(xiv) Ping bots, network scanning programs, automated network intrusion programs, IRC ‘Internet Relay Chat’ related applications or software, or anonymous proxy services.
A service fee of $50 per abuse complaint will be applied to any customer with more than 5 (five) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer’s, web hosted content or information.
INTERACTION WITH CUSTOMER SERVICE
The Worldcloud.com customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone,live chat, fax. postal mail, E-mail, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.
PAYMENT AND BILLING
You agree to pay Worldcloud.com for Products and Services without deduction, or delay for any reason. At any time, Worldcloud.com may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize Worldcloud.com to investigate your credit history at anytime and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month,an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing Worldcloud.com for all costs (including reasonable attorney fees)associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees.
IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY Worldcloud.com IN WRITING OF THE DISPUTE WITHIN THIRTY DAYS OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.
All written notices can be sent the the following address:
PO Box 23714
Knoxville, TN 37933
TAXES AND REGULATORY SURCHARGES
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation,license, use or provision of the Services, except to the extent that you provide Worldcloud.com with a valid tax exemption certificate before Worldcloud.com provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
Worldcloud.com offers multiple flexible bandwidth packages on all web and/or database hosting plans. Hosting and Service Plans with Un-metered Bandwidth provides you with a network port locked at a specific Un-Metered Bandwidth speed (for example, Un-Metered 10 Mbps means your server has a 10Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server’s port speed) over our Premium Network. The bandwidth is calculated 50/50 between inbound and outbound usage. For example, on a 1000GB plan, your hosting plan can transmit up to a total of 500 GB of data per month and receive up to 500 GB of data per month. Usage levels over your included bandwidth are billed monthly at the rate of $0.50 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.
EXCESSIVE RESOURCE USAGE POLICY
Worldcloud.com provides this section to detail additional policies applicable for accounts on any standard web hosting plan (also known as ‘shared’, ‘ultimate’ and ‘reseller’ plans). Accounts many not use more than10 % of the server’s CPU, Disk, Memory or web port connections. Accounts may not run daemons or back ground tasks. Accounts may store at most 1(one) backup of their account in the server’s disk space. Accounts may not use the server disk space for storage of backups, file sharing, files tor age, or any type of content that is not accessible on the web site you are hosting. Worldcloud.com will make reasonable efforts where possible to contact the account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits. If the resource usage limits are exceeded Worldcloud.com may,without prior notice or warning, limit access, suspend or terminate the account at Worldcloud.com’s sole discretion.
All content included on Worldcloud’s websites, such as text, graphics, logos,button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Worldcloud.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on Worldcloud’s websites is the exclusive property of Worldcloud.com and protected by U.S. and international copyright laws. All software used on Worldcloud’s websites is the property of Worldcloud.com or its software suppliers and protected by United States and international copyright laws.
Worldcloud.com, Worldcloud.net, and other marks indicated on our site are registered trademarks of Worldcloud.com,Inc. or its subsidiaries, in the United States and other countries. Worldcloud.com’s trademarks and trade dress may not be used in connection with any product or service that is not Worldcloud.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Worldcloud.com. All other trademarks not owned by Worldcloud.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to,or sponsored by Worldcloud.com or its subsidiaries.
LICENSE AND SITE ACCESS
Worldcloud.com grants you a limited license to access and make personal use of this site and not to download(other than page caching) or modify it, or any portion of it, except with express written consent of Worldcloud.com. This license does not include any resale or commercial use of Worldcloud’s websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited,or otherwise exploited for any commercial purpose without express written consent of Worldcloud.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Worldcloud.com and our affiliates without express written consent. You may not use any meta tags or any other”hidden text” utilizing Worldcloud.com’s name or trademarks without the express written consent of Worldcloud.com. Any unauthorized use terminates the permission or license granted by Worldcloud.com. You are granted a limited,revocable, and nonexclusive right to create a hyperlink to the home page of Worldcloud.com so long as the link does not portray Worldcloud.com, its affiliates, or their products or services in a false, misleading,derogatory, or otherwise offensive matter. You may not use any Worldcloud.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use Worldcloud.com products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Worldcloud.com only with involvement of a parent or guardian. Worldcloud.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.
CANCELLATION or NON-RENEWAL
To cancel or elect not to renew any Product or Service the Customer must submit a cancellation request via the Worldcloud Client Care Center (currently at https://worldcloud.com/portal-page/?ccce=clientarea).This must submitted at least seven (7) calendar days prior to expiration of the current renewal term. To insure the privacy and security of both the Customer and Worldcloud.com,cancellation must be completed via the Worldcloud Client Care Center only. Requests for cancellation via e-mail, telephone, fax, physical mail, help desk or any other means will not be processed. All services are provided on a 30 day cycle, and cancelation in the middle of a term will cancel the current term and no prorated refund will be provided for un-used services. No refunds will be given, beyond the 30 day money back guarantee, for late cancellations. Cancellations requests made seven (7) or less days prior to expiration of current renewal term require that the current service invoice be paid. Account credits, including credits giving by Worldcloud.com as adjustments, funds added by clients via the billing system, or any other situation are non-refundable and can only be used toward payment of Worldcloud.com services.
COMMENTS, COMMUNICATIONS, FEEDBACK, FORUMS, AND OTHER CONTENT
Visitors may post feedback, comments, content and submit suggestions,ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy,infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address,impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Worldcloud.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, you grant Worldcloud.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, unless we indicate otherwise. You grant Worldcloud.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Worldcloud.com or its affiliates for all claims resulting from content you supply. Worldcloud.com has the right but not the obligation to monitor and edit or remove any activity or content. Worldcloud.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Worldcloud.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement,please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Worldcloud.com and its affiliates attempt to be as accurate as possible. However, Worldcloud.com does not warrant that product descriptions or other content of this site is accurate,complete, reliable, current, or error-free. If a product or service offered by Worldcloud.com itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.
Parties other than Worldcloud.com and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Worldcloud.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Any attempts to undermine or cause harm to a Worldcloud.com service or customer of Worldcloud.com is strictly prohibited. Worldcloud.com will pursue legal action to the fullest extent for any abuse of Worldcloud or its products or services.
BREACH OF TERMS OF SERVICE
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. Worldcloud.com reserves the right to remove any account or service without prior notice. If Worldcloud.com deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.
You agree to indemnify and keep indemnified Worldcloud.com (and its parent,subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by Worldcloud.com as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.
LENGTH OF CONTRACT
The agreement between You and Worldcloud.com will be effective as of the date you sign up for any Worldcloud.com Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with Worldcloud.com via the primary Worldcloud.com website, www.worldcloud.com
Without limiting other remedies, Worldcloud.com or its affiliates may limit, suspend, or terminate your use of Worldcloud.com Products and Services, prohibit access to Worldcloud.com’s website, remove hosted content such as e-mails and website data, and take technical and legal steps to keep you off Worldcloud.com’s network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the Worldcloud.com, if you purchased Worldcloud.com Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Worldcloud.com shall effect such termination by preventing access to your account and to the Worldcloud network as well as delete any website content, data, or domain names stored on our network. If you provided a valid e-mail address, Worldcloud may provide notice to you by e-mail, but is not under obligation to notify you.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that Worldcloud.com may immediately thereafter delete any and all hosted data, backup files, e-mail files, domain names, account settings, network addresses and any other content within your account that is stored on the Worldcloud.com network.
You acknowledge and understand that if the Worldcloud.com Service or Products do not function as a result of a force majeure event, Worldcloud.com will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of Worldcloud.com. In the event Worldcloud.com is affected by a force majeure event, it shall post a notification on the Worldcloud.com website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. Worldcloud.com will not accept any liability for the consequences arising out of a force majeure event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY Worldcloud.com ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THATYOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
Worldcloud.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT. Worldcloud.com MAKES NO WARRANTYTHAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BEUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THEQUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASEDOR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v)ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OROTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWNDISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGETO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THESERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM Worldcloud.com OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALLCREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Worldcloud.com SHALL NOT BE LIABLE FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Worldcloud.com HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THEUSE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OFSUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION ORSERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATIONOF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTYON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of Worldcloud.com in contract, tort, statutory duty or otherwise (even where Worldcloud.com has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i)$500; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and Worldcloud.com becomes liable for loss or damage that would otherwise have been limited.
By visiting Worldcloud.com, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Worldcloud.com or its affiliates.
Any dispute relating in any way to your visit to Worldcloud.com or to products and services you purchase through Worldcloud.com shall be submitted to confidential arbitration in Knoxville, Tennessee, except that,to the extent you have in any manner violated or threatened to violate Worldcloud.com’s intellectual property rights, Worldcloud.com may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY
Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Worldcloud.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Worldcloud.com and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including any auction ID numbers and web URL address, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Worldcloud.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Worldcloud Legal Department
We are required to provide you with the above document. The content above was provided through our legal counsel. Many of these issues relate specifically to web hosting or email hosting; however, many of our accounts simply provide database hosting services. If you have any questions about these terms, please contact us. As long as your requests are legal and reasonable, we will do our best to approve whatever request you may have…
Last Updated December 09, 2010
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