1.) Acceptance: The individual or legal entity purchasing The Anti-Cloud Service (hereinafter referred to as the "Anti-Cloud Service Client" or "Client"), by clicking on the check box, on the bottom of the Terms & Conditions hyperlink, where this Agreement was accessed during The Anti-Cloud Service Activation Purchase process on the "Shop" Page of the www.myanti.cloud web site, indicates acceptance of these Terms & Conditions. In addition, the Client hereby agrees to abide by all of the Terms & Conditions herein and The Anti-Cloud Corporation, Inc. (hereinafter: "ACC")'s Acceptable Use Policy, below, which is an integral part of these Terms & Conditions of The Anti-Cloud Service Agreement. If you do not have authority to enter into this Agreement, or if you do not agree with its terms and conditions, do not indicate acceptance of it by clicking on the aforementioned check box. These Terms & Conditions and ACC's Acceptable Use Policy will be accessible to view by clicking on the hyperlinks in the footer of The Anti-Cloud Service's web site: www.myanti.cloud.
2.) Term of Service: The Anti-Cloud Service will be billed on a daily basis. An Anti-Cloud Service Client can cancel their Service at any time, by sending an E-mail to billing@myanti.cloud, stipulating that they want ACC to stop their Anti-Cloud Service. Billing will include the day of cancelation. Billing commences upon an Anti-Cloud Client's Anti-Cloud Service being Activated, which means that they have received the Activation E-mail for their Anti-Cloud Service from ACC. The first day of the Activation E-mail being sent, for the Anti-Cloud Service, is not billed. Billing is on a Monthly Billing Cycle, billed after the month that the Anti-Cloud Service is provided. Invoices will be e-mailed from ACC to the Client on the first of the month after the Anti-Cloud Service is provided and will be due on the 28th of that month. If the Anti-Cloud Service is not Activated within thirty (30) days of a Client purchasing the Anti-Cloud Service Hard Drives, then ACC will provide the Client a free month of their Anti-Cloud Service. The hard drives, external cases and overnight shipping, included within the Activation Purchase, are non-refundable, unless the Anti-Cloud Service is not Activated within 30 days from the Activation Purchase. If a refund is requested, by e-mail, to billing@myanti.cloud, the Anti-Cloud Service will also be canceled for that Client.
If an Anti-Cloud Service Client does not pay an Invoice by the Due Date, which is always the 28th day of the month, after the month of service, ACC will provide the Client with up to a three (3) day Grace Period, but will disconnect The Anti-Cloud Service for that Client on the 1st day of the next month, if payment was not received by ACC from the Client for their Anti-Cloud Service within that time-frame. ACC will leave the Client's Hard Drives in their Anti-Cloud Service Storage Slots (provided as part of The Anti-Cloud Service) until the last day of that month, after which time, if payment for Past Due Invoices was not received by ACC, ACC will then ship the Client's Hard Drives, using overnight shipping, to the address of the Client listed within the Client's Account Contact Details for The Anti-Cloud Service. The Client is responsible for the accuracy of their shipping address. If the Client's Hard Drives are returned, for any reason, to ACC, ACC will keep them for one (1) month, after which the hard drives will be destroyed. If the Client communicates by E-mail to support@myanti.cloud, prior to destruction, pays for shipping and provides a correct address, ACC will re-ship the hard drives to the Client. ACC will ship the Client's Hard Drives in the external cases purchased by the Client as part of the initial Activation Purchase of The Anti-Cloud Service. If a Client pays all Past Due Invoices, before ACC ships the Client's Hard Drives, ACC will re-activate The Client's Anti-Cloud Service. The Client will be billed for any days that the Client's Hard Drives are within their Storage Slots.
If a Client Hard Drive fails, during the five (5) year warranty period of the hard drive, ACC will replace it at no cost to the Client and sync the data from the functioning hard drive with the replacement drive. If both Client Hard Drives fail at the same time, ACC will obtain the services of a data recovery company, at no cost to the Client, to retrieve the data for The Anti-Cloud Service Client; if possible.
3.) Liability: An Anti-Cloud Service Client hereby agrees to absolve ACC of any liability in regards to an Anti-Cloud Service Client's use of ACC's Services and/or any Equipment, Software & Licenses that ACC provides and/or sells to an Anti-Cloud Service Client and an Anti-Cloud Service Client hereby agrees that ACC has no liability in relation to an Anti-Cloud Service Client, financially or otherwise, in connection to any and all of the aforementioned.
To reiterate and just for additional clarification: ACC has no financial liability towards an Anti-Cloud Service Client and IN NO EVENT SHALL ACC BE LIABLE FOR (I) ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCONVENIENCE, TRAVEL TIME, INCIDENTAL DAMAGES, DIRECT AND/OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES OF ANY KIND, EXEMPLARY DAMAGES OF ANY KIND, PUNITIVE DAMAGES, LOST PROFITS, THIRD PARTY LOSS OR ANY CONTINGENT LIABILITIES WHATSOEVER; (II) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (III) LOSS OF REVENUES, GOODWILL AND/OR ANTICIPATED SALES AND/OR SAVINGS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIMS ARE IN WARRANTY, CONTRACT, TORT, INFRINGEMENT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
4.) Legalities:
A.) Governing Law: The Anti-Cloud Corporation's Terms & Conditions shall be construed and interpreted under the laws of the Commonwealth of Pennsylvania without reference to conflicts of law principles.
B.) Privacy of an Anti-Cloud Service Client's information: ACC hereby agrees to always keep an Anti-Cloud Service Client's Information, provided to ACC by an Anti-Cloud Service Client, Confidential; whether that information was given by E-mail from an Anti-Cloud Service Client to ACC and/or any other written or verbal communication between an Anti-Cloud Service Client and ACC and/or through an Anti-Cloud Service Client's use of ACC's Services. ACC will only share, with any third party, Client Information that is required to perform functions of the Anti-Cloud Service for that Client, such as Overnight Shipping Companies, Data Recovery Companies, Support Companies, for example, IDS, etc. or if required to do so by law by a Local, State or Federal Court of Jurisdiction.
In order to protect other Anti-Cloud Service Clients, the Client agrees to keep all ACC Confidential Information that it becomes aware of, by use of the Anti-Cloud Service, confidential and will exercise at least the same degree of care that it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care to (i) restrict dissemination of the ACC Confidential Information only to individuals or third parties with a need to know and who are under a substantially similar duty of confidentiality, and (ii) not use any ACC Confidential Information for any purpose other than in the use of the Anti-Cloud Service by the Anti-Cloud Service Client. The Anti-Cloud Service Client's obligations will not apply to information that is rightfully in its possession prior to receipt from ACC, is or becomes publicly available other than as a result of a breach of this Agreement, or is rightfully obtained by the Anti-Cloud Service Client from a third party under no obligation of confidentiality with respect to the information. The Anti-Cloud Service Client shall only disclose ACC Confidential Information to another entity if required to do so by law or regulation.
C.) Continuing Waiver: No failure by ACC to insist upon the strict performance of any Term or Condition or to enforce a right or remedy provided under these Terms & Conditions shall be construed as a waiver of or relinquishment with respect to any subsequent performance or breach of performance, but each and every Term & Conditions herein shall remain in full force and effect with respect to any other existing or subsequent breach of these Terms & Conditions.
D.) Arbitration: All disputes arising connected to these Terms & Conditions shall promptly be submitted to arbitration in Reading, Pennsylvania, before one (1) arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon both ACC and an Anti-Cloud Service Client, and judgment upon the award may be entered in any court of competent jurisdiction.
E.) Communication: All official communication between ACC and The Anti-Cloud Service Client, connected to The Anti-Cloud Service, will be performed by E-mail. ACC's E-mails for this purpose are as follows:
billing@myanti.cloud, sales@myanti.cloud and support@myanti.cloud, with The Anti-Cloud Service Client's E-mail being the E-mail listed by them in their Anti-Cloud Service Account Contact Information at the time of the E-mail being sent.
F.) Force Majeure: If ACC's Service is prevented or delayed by reason of an occurrence of Nature, cut fiber, lockout, labor troubles, strike, inability to secure supply related to providing the Anti-Cloud Service, restrictive governmental laws or regulations, or any other cause beyond ACC's control, then in no way is ACC liable, due to any lost Anti-Cloud Service, because of a Force Majeure.
5.) Ownership and Software Licensing Rights:
A.) Each Anti-Cloud Service Client retains all right, title and interest in and to its data. ACC may only transport and store such data in order to provide The Anti-Cloud Service. ACC and its licensors (if any) retain ownership in all intellectual property rights to The Anti-Cloud Service and its underlying technology, software, patents, know-how and associated documentation, in whole or in part, including all improvements, enhancements, modifications and derivative works (together collectively referred to as "Materials"). ACC reserves all rights to The Anti-Cloud Service, its software and Materials that are not expressly granted under this Agreement.
B.) To use The Anti-Cloud Service, Anti-Cloud Service Clients will be required to download and install ACC proprietary agent, plug-in or similar software (hereinafter the "ACC Software"). Therefore, ACC grants to Anti-Cloud Service Clients a limited, non-exclusive, non-sub-licensable and non-transferable license to use the ACC Software solely as is required for the Anti-Cloud Client to be able to use The Anti-Cloud Service. The ACC Software may contain open source code that is subject to its own license terms. With respect to Anti-Cloud Service Client's use of the ACC Software, an Anti-Cloud Service Client may not, and may not allow a third party, to modify, reverse engineer, decompile or otherwise attempt to derive the source code for the ACC Software and/or create derivative works of and/or from the ACC Software.
6.) Complete Agreement:
This Anti-Cloud Service Agreement is the complete Agreement between ACC and The Anti-Cloud Service Client concerning The Anti-Cloud Service and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral) regarding this subject matter.
(These Terms & Conditions are valid from the 14th of January, 2020 and supersede any previous Terms & Conditions.)
This Acceptable Use Policy applies to all of The Anti-Cloud Service Clients (hereinafter: "Users") use of The Anti-Cloud Service. Users can hereafter be referred to as: "Customer". This policy is designed to protect the security, integrity, reliability and proper use of both ACC's network and ACC's Services that it offers to its Users. ACC reserves the right to modify this policy at any time, effective immediately upon posting of the modification on the www.myanti.cloud web site. Use of ACC's Services constitutes acceptance of the Acceptable Use Policy in effect at the time of usage. Any and all Users of ACC's Services are responsible for any and all acts of non-compliance of this Acceptable Use Policy that occur during their use of ACC's Services and hereby agree not to engage in any unacceptable use of ACC's Services as described herein.
What Uses are Prohibited
Unacceptable use includes, but is not limited to, any of the following:
1.) Posting, transmission, re-transmission or storing material through use any of ACC's Services; if in the sole judgment of ACC such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each User shall be responsible for knowing what laws or regulations are applicable to their use of ACC's Services.
2.) Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the User.
3.) Resale of ACC's Services without the express prior written consent of ACC.
4.) Deceptive marketing practices that would involve misrepresentation of ACC's Services as part of those practices.
5.) Actions that restrict or inhibit another Internet User - whether a User of ACC's Services or not - in their use of the Internet.
6.) Generation of excessive network traffic through the use of automated processes, such as dialers or unsolicited E-mail blasts.
7.) Purposeful introduction of malicious programs such as viruses, Trojan horses, worms, etc., through the Internet, using ACC's network and/or specifically into ACC's network or servers and/or other products and Services of ACC.
8.) Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, flood pings, packet spoofing and forged routing information.
9.) Executing any form of network monitoring that will intercept data not intended for the Customer.
10.) Circumventing user authentication or security of any host, network or account.
11.) Interfering with or denying service to any Internet user (e.g., denial of service attack).
12.) Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
13.) Failing to comply with ACC's procedures relating to the activities of Customers on ACC owned equipment.
14.) Purposely misusing and/or furnishing false and/or incorrect data on the ACC Services Agreement submitted through ACC's Web Site, including knowingly using fraudulent Credit Card numbers, Banking or Check Information.
15.) Attempting to circumvent and/or alter the processes and/or procedures to measure time and bandwidth utilization and/or purposely interfering in any way with ACC's efforts to document "use" of ACC's Services.
16.) Sending unsolicited E-mail messages, including the sending of "junk E-mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the User or with whom the Customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
17.) Using ACC's Services to send harassing E-mails, which do so through language, frequency or size of the E-mail messages.
18.) Unauthorized use or forging of E-mail header information.
19.) Solicitations by E-mail, using any other E-mail address other than that of the Employer's domain or one provided by ACC through its Service, with the intent to harass or collect replies.
20.) Creating or forwarding E-mail "chain letters" or other "pyramid schemes" of any type.
21.) Use of unsolicited E-mail originating from within the ACC network or networks of other Internet Service Providers on behalf of or to advertise any services hosted by ACC or connected via the ACC network.
22.) Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy available to ACC in regards to this Acceptable Use Policy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Abuse and Notification
Upon notification, by ACC, to a User of ACC's Services, of their abuse of ACC's Services (e.g., using an open news server, unsecured E-mail relay, or smurf amplifier, etc.), the User shall immediately take all necessary steps to avoid any further abuse of ACC's Services. Any abuse of ACC's Services that occurs, whether before or after the User has received such a notification, shall be considered a violation of this Acceptable Use Policy and enforced as such by ACC.
Enforcement
ACC may immediately suspend and/or terminate the User's ACC Services for violation of any provision of this Acceptable Use Policy upon verbal and/or written notice; which notice may be provided by Voice-mail and/or E-mail. Prior to suspension or termination, it is ACC's general practice to attempt to work with our Customers to cure violations of this Acceptable Use Policy to ensure that there will be no re-occurrence; however, ACC reserves the right to suspend or terminate ACC's Services for use by the User based on the first time an abuse occurs, including non-payment and/or abrogation of the ACC Service Agreement.
Electronic Communications Privacy Act Notice
ACC may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.