{"id":3074,"date":"2020-09-25T11:05:10","date_gmt":"2020-09-25T11:05:10","guid":{"rendered":"http:\/\/wordpress.iqonic.design\/qloud\/?page_id=2"},"modified":"2021-08-23T10:45:34","modified_gmt":"2021-08-23T10:45:34","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/www.cloudaye.com\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\t\t
DEFINITIONS<\/strong><\/p> \u201cWe<\/strong>\u201c, \u201cUs<\/strong>\u201c, \u201cOur<\/strong>\u201c, \u201cOurselves<\/strong>\u201d and\/or \u201cCloudAye<\/strong>\u201d shall refer to HostAye Technologies Pvt Ltd<\/strong>. Plot No. 147, 2nd<\/sup> Floor, Pusti, Purulia, WB, 723212.<\/p> \u201cYou<\/strong>\u201d\/\u201dYour<\/strong>\u201d\/\u201dYourself<\/strong>\u201d\/\u201dUser<\/strong>\u201d means the user<\/strong> of the Website and\/or customer<\/strong> of the Services.<\/p> \u201cServices<\/strong>\u201d means any services offered by CloudAye on its Website including but not limited to cloud application deployment, management and infrastructure management \u2013 commonly referred to as the \u2018CloudAye Platform\u2019.<\/p> PRELIMINARY<\/strong><\/p> These terms of service (the Terms) relate to your use of the Services provided by CloudAye under the domain name cloudaye.com (\u2018the Website\u2019).<\/p> We have the right to revise and amend these Terms and\/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system\u2019s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and\/or the Services constitutes your acceptance of any such change and\/or amendment.<\/p> IN USING THE WEBSITE AND\/OR THE SERVICES, YOU AGREE AS FOLLOWS,<\/strong><\/p> 1) Acceptance of the Terms. Your continued access to or use of the Website and\/or the Services constitutes your acceptance of our Acceptable Use Policy, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of \u201cI ACCEPT\u201d buttons and\/or other prompts and\/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.<\/p> 2) You may not use the Services and may not accept the Terms if:<\/p> PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH CLOUDAYE SERVICES MAY ORIGINATE FROM THIRD PARTY CLOUD SERVICES AND APPLICATIONS. ALL SUCH THIRD PARTY CONTENT IS PROVIDED TO YOU \u201cAS IS.\u201d AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND\/OR REMOVAL AT ANY TIME BEYOND THE CONTROL OF CLOUDAYE. CLOUDAYE., SHALL UNDER NO CIRCUMSTANCES WHATSOEVER ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD PARTY SERVICES AND\/OR CONTENT.<\/p> LIMITATION OF LIABILITY<\/strong><\/p> To the fullest extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall CloudAye or any other contributor or supplier of CloudAye, be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services. computer failure or malfunction ,loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by CloudAye, We are not \/shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:<\/p> Without prejudice to the foregoing, should a court of law or other adjudicating body still find against CloudAye regarding any matter relating to the Services, CloudAy.\u2019s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying\/shall pay for six months of the Services in question.<\/p> MUTUAL CONFIDENTIALITY<\/strong><\/p> Both parties (CloudAye and User) agree not to disclose to any third party-confidential information of CloudAye, or the User, except as may be necessary for CloudAye to offer the Services. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the Services.<\/p> GENERAL LEGAL TERMS<\/strong><\/p> BILLABLE PERIOD<\/strong><\/p> We charge in arrears, meaning that you will receive an invoice during the first week of every month for the Services that You used in the previous month.<\/p> The CloudAye Platform is a \u2018pay as you go\u2019 service, meaning you will only pay for the resources that you have actually used and for the time that you have actually used them (minimum time fraction for billing related purposes is one hour).<\/p> CloudAye is liable to refund your unused prepaid account funds, if a refund request is presented within three months of funds addition. However, the refund will not include the amount already deducted for services consumed.<\/p> GOVERNING LAW<\/strong><\/p> These Terms of Use are governed by and construed in accordance with Indian law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Indian courts or other adjudicating bodies.<\/p><\/div><\/div><\/div>\n\t\t\t\t\t\t\t\t\t DEFINITIONS<\/strong><\/p> \u201cWe<\/strong>\u201c, \u201cUs<\/strong>\u201c, \u201cOur<\/strong>\u201c, \u201cOurselves<\/strong>\u201d and\/or \u201cCloudAye<\/strong>\u201d shall refer to HostAye Technologies Pvt Ltd<\/strong>. Plot No. 147, 2nd<\/sup> Floor, Pusti, Purulia, WB, 723212.<\/p> \u201cYou<\/strong>\u201d\/\u201dYour<\/strong>\u201d\/\u201dYourself<\/strong>\u201d\/\u201dUser<\/strong>\u201d means the user<\/strong> of the Website and\/or customer<\/strong> of the Services.<\/p> \u00a0\u201cServices<\/strong>\u201d means any services offered by CloudAye. on its Website including but not limited to cloud application deployment, management and infrastructure management \u2013 commonly referred to as the \u2018CloudAye Platform\u2019.<\/p> CloudAye strives to provide a high quality service and backs it up with a comprehensive Service Level Agreement.<\/p> This SLA is an integral part of your agreement with us as referenced in our\u00a0Terms of Service<\/a><\/strong>.<\/p> The compensations described in this SLA are your sole and exclusive compensations for the events covered by the SLA.<\/p> CloudAye may make changes to the Service Level Agreement from time to time. When these changes are made, CloudAye will make a new copy of the Service Level Agreement available at https:\/\/www.cloudaye.com\/terms-of-services. CloudAye will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , CloudAye will treat your use as acceptance of the updated Service Level Agreement.<\/p> STANDARD LEVEL OF SERVICE (SERVICE STANDARD)<\/strong><\/p> CREDITS DISBURSED WHEN SERVICE STANDARD IS NOT MET<\/strong><\/p> We will compensate our Customers in the event that our Service Standards are not met and provided the Customer(s) would have reported it through our Support Portal. Compensation will be through credit against Your next monthly invoice. You will receive a credit of five percent of Your total fee (for the month in which the SLA was not met) for each hour in which We fail to meet Our Service Standard levels. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards set out in Clause 1, may not be aggregated, and will not be paid in cash.<\/p> SITUATIONS IN WHICH WE WILL NOT DISBURSE ANY CREDIT<\/strong><\/p> Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.<\/p> If the failure to meet the Service Standards is based on a non-standard environment, customer authored code or changes to the Service by parties other than CloudAye., You will not be entitled to any SLA Credit.<\/p> THIRD PARTY INFRASTRUCTURE PROVIDERS SLAS<\/strong><\/p> DEFINITIONS<\/strong><\/p> \u201cWe<\/strong>\u201c, \u201cUs<\/strong>\u201c, \u201cOur<\/strong>\u201c, \u201cOurselves<\/strong>\u201d and\/or \u201cCloudAye<\/strong>\u201d shall refer to HostAye Technologies Pvt Ltd<\/strong>. Plot No. 147, 2nd<\/sup> Floor, Pusti, Purulia, WB, 723212.<\/p> \u201cYou<\/strong>\u201d\/\u201dYour<\/strong>\u201d\/\u201dYourself<\/strong>\u201d\/\u201dUser<\/strong>\u201d means the user<\/strong> of the Website and\/or customer<\/strong> of the Services.<\/p> \u201cServices<\/strong>\u201d means any services offered by CloudAye. on its Website including but not limited to cloud application deployment, management and infrastructure management \u2013 commonly referred to as the \u2018CloudAye Platform\u2019.<\/p> The terms of this Acceptable User Policy (the Terms) relate to your use of the Services provided by CloudAye. under the domain name cloudaye.com (\u2018the Website\u2019).<\/p> We have the right to revise and amend these Terms and\/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system\u2019s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and\/or the Services constitutes your acceptance of any such change and\/or amendment.<\/p> 1) Acceptance of the Terms:<\/strong>\u00a0Your continued access to or use of the Website and\/or the Services constitutes your acceptance of our Terms of Service, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of \u201cI ACCEPT\u201d buttons and\/or other prompts and\/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.<\/p> 2) Illegal Use:<\/strong> You agree not to use the Services for or in the pursuit of illegal purposes. CloudAye cooperates with the authorities in investigations into illegal Internet use\u00b8 and will take both criminal and civil legal action against Users who use the Services in an unlawful way. You agree not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner.<\/p> 3) Harassment:<\/strong>\u00a0You agree not to use the Services for harassment\u00b8 threats\u00b8 verbal abuse\u00b8 and\/or persistent unwanted contact(s) of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active\u00b8 in forms including but not limited to unwanted emails\u00b8 and\/or chat messages\u00b8 and\/or verbal declarations on a public forum\u00b8 and can be passive in the form of defamatory information posted on web sites.<\/p> 4) Disruption\/Hacking:<\/strong> You agree not to make any attempt to disrupt or attack the systems or Services provided by CloudAye or any third party (affiliated with us or otherwise). This includes any deliberate attempt to interfere with another user\u2019s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and Services without the consent of the provider for those Services. Hackers will be subject to the full extent of criminal law\u00b8 and CloudAye reserves the right to seek damages or resort to any and\/or all legal remedies against Users who abuse\u00b8 attack\u00b8 or hack our systems\u00b8 servers\u00b8 or the Services or whoever uses the Service in a manner that is contrary to law or our Terms of Service, our Privacy Policy or this Acceptable User Policy.<\/p> 5) Fraud\/False Advertising:<\/strong>\u00a0You agree not to post or transmit fraudulent information on or through the Services. This can include false advertising\u00b8 identity theft\u00b8 misrepresentation of any kind including phishing\u00b8 forged email headers and\/or fictitious email addresses.<\/p> 6) Unsolicited Advertising\/Spamming:<\/strong> You agree not to post or transmit any unsolicited material through any active medium such as email\u00b8 chat\u00b8 messaging\u00b8 chain letters\u00b8 advertisements\u00b8 jokes\u00b8 etc. CloudAye does not tolerate unsolicited mass emailing (\u2018Spamming\u2019) of any kind\u00b8 and the use of any of \u2018CloudAye\u2019 Services for this purpose is strictly prohibited. To assist CloudAye in the prevention of Spamming\u00b8 CloudAye may limit the number of recipients allowed per email and\/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving user\u2019s desire to be contacted in the specified manner\u00b8 so kindly use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the explicit prior consent of those from whom you collect the information.<\/p> 7) Disruptive Content:<\/strong> You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include\u00b8 but is not limited to\u00b8 material that is considered obscene\u00b8 offensive\u00b8 or extremely controversial. While CloudAye does not actively censor its Users\u00b8 the reaction this material can generate can be expensive and time consuming\u00b8 and as such makes the continued support of Users generating this kind of content of questionable business value to CloudAye You understand and agree that CloudAye may suspend or terminate your Services should your usage constitute disruptive content\u00b8 as determined by CloudAye in its sole discretion\u00b8 from the Internet community at large.<\/p> 8) Adult Content:<\/strong> You agree not to use the Services to post or host any type of adult content on your website. It may include but not be limited to material considered to be pornographic content and images. You understand and agree that CloudAye may suspend or terminate your Services should your usage constitute adult content as determined by CloudAye in its sole discretion.<\/p> 9) Reselling or Reconfiguring the Services:<\/strong>\u00a0You may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal\u00b8 fraudulent or inappropriate manner. Interpretation of this clause will be at the sole discretion of CloudAye.<\/p> 10) Weapons and Firearms:<\/strong> You agree not to use the Services to post or host any type of weapons and firearms related content on your website. This includes but not limited to sale of parts\/components\/kits for weapons and firearms, 3D printed parts, demo videos, and ammunition sales. You understand and agree that CloudAye may suspend or terminate your Services should your usage violates this stated policy, as determined by CloudAye in its sole discretion.<\/p> 11) Copyright Infringement:<\/strong> CloudAye respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Services to transmit and\/or store copyrighted material in a manner that is contrary to any applicable legislation. If CloudAye has a reasonable belief\u00b8 in its sole judgment\u00b8 that You have violated this Acceptable Use Policy\u00b8 CloudAye may take any action it deems appropriate\u00b8 which may include\u00b8 without limitation\u00b8 notifying You of a suspected violation\u00b8 suspending your account\u00b8 or terminating your account. These actions are in addition to and not by way of substitution of any and\/or all other remedies that we may have against You under any applicable law.<\/p> If you believe your work has been copied in any way that constitutes infringement\u00b8 please provide us with the following information:<\/p> (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;<\/p> (b) A description of the copyrighted work that you claim has been infringed;<\/p> (c) Identification of where the material (including the URL if possible) that you claim is infringing is located;<\/p> (d) Your address\u00b8 telephone number and email address;<\/p> (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner\u00b8 its agent or the law; and<\/p> (f) A statement by you\u00b8 made under penalty of perjury if you are asked to testify on the matter in a court of law\u00b8 that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\u2019s behalf.<\/p> For all copyright infringement and related matters\u00b8 you may contact us on contact@cloudaye.com<\/a><\/p> CloudAye may make changes to the Acceptable Use Policy from time to time. When these changes are made, CloudAye. will make a new copy of the Acceptable Use Policy available at https:\/\/www.cloudaye.com\/terms-of-service. CloudAye will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , CloudAye will treat your use as acceptance of the updated Acceptable Use Policy.<\/p> These Terms of Use are governed by and construed in accordance with Indian law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Purulia courts or other adjudicating bodies.<\/p><\/div><\/div>\n\t\t\t\t\t\t\t\t\t INTRODUCTION<\/strong><\/p> This cookie policy (\u201cCookie Policy<\/strong>\u201d) relates to the website\u00a0https:\/\/www.cloudaye.com<\/a>\u00a0and\/or any sub-website and\/or associated domains (and\/or sub-domains) of\u00a0https:\/\/www.cloudaye.com<\/a>\u00a0(hereinafter referred to as the \u201cSite<\/strong>\u201d owned by\u00a0HostAye Technologies Pvt Ltd<\/strong>). In this Cookie Policy, \u201cWe<\/strong>\u201c, \u201cUs<\/strong>\u201c, \u201cOur<\/strong>\u201c, \u201cOurselves<\/strong>\u201d and\/or \u201cCloudAye<\/strong>\u201d shall refer to HostAye Technologies Pvt Ltd<\/strong>\u00a0<\/strong>and \u201cYou<\/strong>\u201d and \u201cYour<\/strong>\u201d and \u201cUser\u201d refer to an identified or identifiable natural person being the user of this Site and\/or client of any of CloudAye\u2019 services. Our full details, including contact details, can be read\u00a0below. For more information about how We process Your Personal Data, please read Our\u00a0Privacy Policy<\/a>.<\/p> CONTENTS OF THIS COOKIE POLICY<\/strong><\/p> WHAT ARE COOKIES?<\/strong><\/p> Our Site uses \u201ccookies\u201d, an element of data (usually, a very small file) that a website can send to Your browser, which may then store it on Your computer or mobile device. These cookies allow Us to correctly operate the Site and\/or to provide You with web pages or content that are tailored to You. For example, some cookies remember Your custom preferences. This information can, in some cases, be carried from one visit of our Site (or related site) to the next (for example, to help You avoid having to re-enter certain information when You visit the same page later. Some of these cookies require Your consent (as explained below).<\/p> Some cookies are created for each session when You visit Our Site, while others are persistent and may remain for a number of months or years to facilitate Your access to Our Site.<\/p> WHY WE USE COOKIES<\/strong><\/p> We absolutely respect Your right to privacy.<\/strong>\u00a0We use cookies to ensure the functionality of our Site and to make Your website experience better. You can remove any cookies already stored on Your computer or mobile device (as explained below) but this may prevent You from using parts of this Site or may cause You to see this message, or part thereof, again.<\/p> Apart from the cookies We make use of Ourselves, various third-party cookies may also be stored on Your computer or mobile device.<\/p> ESSENTIAL AND NON-ESSENTIAL COOKIES<\/strong><\/p> We divide cookies into two main categories namely:<\/p> 1)\u00a0ESSENTIAL COOKIES<\/strong>. These are strictly necessary to ensure that the Site functions in Your everyday use of it or for Us to provide You with the service(s) You expect from Us. Cookies used for the sole purpose of carrying out or facilitating the transmission of a communication will also be considered as essential cookies.\u00a0We do not require Your consent to use such essential cookies but You may still block or delete them<\/strong>\u00a0(see below).<\/p>PRELIMINARY<\/h4>
IN USING THE WEBSITE AND\/OR THE SERVICES, YOU AGREE AS FOLLOWS,<\/h4>
II. CHANGES TO THE ACCEPTABLE USE POLICY<\/h4>
GOVERNING LAW<\/h4>