Terms of Services
Cloudfonica Services
Acceptable Use Policy (“AUP”)
1. General
Cloudfonica promotes a high level of
responsible behaviour in connection with the use of Cloudfonica’s
website as well as the use of Cloudfonica’s services and products.
Cloudfonica aims at maintaining a valuable service that meets the needs
of the customer. To this end, Cloudfonica created this AUP in order,
inter alia, to:
- Define acceptable practices for the use of any Cloudfonica’s services
- Protect the interests, reputation and resources of Cloudfonica and its customers against any abuses, and
- Protect, as far as Cloudfonica is reasonably able to do, the public Internet community as a whole from an improper and/or illegal use.
By using any of a
Cloudfonica service, the customer acknowledges that he/she has read,
understood and agrees with the terms, conditions and notices of this
policy. “Customer” means any user or customer of any and all
Cloudfonica’s services. This AUP is used in conjunction with the
Cloudfonica Terms of Sale and other terms and conditions (“Agreement”).
In case the customer resells
Cloudfonica’s services or provides services based on Cloudfonica’s input
service to his/her own users or customers (e.g. end users, account
holders or customers of those customers– resellers – or other third
parties), the customer should ensure that these users are aware of and
comply with this AUP. For Cloudfonica, customer’s own customers and
subscribers are deemed to agree with the provisions of this AUP,
including the ability to terminate the service to the user, subscriber
or account holder for violations of this AUP.
Any complaints or enquiries
regarding any breach of this AUP may be sent by e-mail to
info@Cloudfonica.com. In case customers are aware of any activity in
violation of this AUP, customers are invited to promptly report to
CLOUDFONICA by email to info@Cloudfonica.com Cloudfonica will reasonably
investigate incidents involving such violations. If necessary, customers
shall provide reasonable assistance to Cloudfonica for this
investigation and duly cooperate with any law enforcement or regulatory
authority to investigate claims of criminal, illegal or inappropriate
behaviour.
This AUP shall be governed
by and construed in accordance with the United Kingdom law.
2. Cloudfonica’s right of modification
Cloudfonica reserves the
right to modify the AUP from time to time. Such modification will enter
into force upon posting at www.cloudfonica.com .The use of an
CLOUDFONICA service after posting modifications to or an update of the
AUP on Cloudfonica’s website will constitute the customer’s acceptance
of any new or additional terms of the AUP that result from those
modifications.
3. Disclaimer
Cloudfonica cannot monitor,
control and censor the Internet or any content sent or received by the
customer, its customers or a subscriber, and will not attempt to do so.
In no event shall Cloudfonica be liable to its customers (or any of
their end users or accounts holders) nor any third party for any injury
and loss resulting from inaccurate, unsuitable, offensive, illegal or
unlawful use of services as set out in this AUP or any direct, indirect,
special or consequential damages for actions pursuant to this AUP,
including, but not limited to, any lost profits, business interruption,
loss of programs or other data, or otherwise.
Cloudfonica will not be
liable for any loss of any form of service users/customers due to Call
Duration Records (CDR) destruction which is a result of any ‘Unpaid Due
or Arrears or Insufficient Account balance’ from customers or service
users. All services and products of Cloudfonica are strictly ‘Prepaid’
or ‘Pay As You Go’.
Cloudfonica will not be
liable for providing any ‘Live Support’ to the customers or service
users as its services and products are sold, rented or marketed as
‘Self-Managed’. Cloudfonica will only provide support which are or will
be submitted through the ‘Support Ticketing System’ from Cloudfonica
website.
Cloudfonica account can be
recharged with PayPal and as the service is prepaid so any claim to
PayPal for returning the amount will cause the service to an immediate
shutdown.
The responsibility for
avoiding the harmful activities as set forth in this AUP rests primarily
with the customer.
Cloudfonica will not, as an
ordinary practice, monitor the communications of customers to ensure
that they comply with Cloudfonica policy or applicable law. However,
Cloudfonica reserves the right to, where feasible, to implement
technical mechanisms to prevent any violations of this AUP.
In case Cloudfonica becomes
aware of harmful communications, or when it is notified or becomes aware
of actual or potential violations of this AUP, Cloudfonica may take any
action to stop the harmful activity. Cloudfonica has the sole discretion
to determine which action is appropriate under the circumstances.
Cloudfonica may take action immediately without regard to any cure
periods that may be set forth in the applicable Cloudfonica Terms of
Sale.
Cloudfonica shall have the
sole right to interpret the meaning of any provision of this AUP or
whether a customer’s or any of its customer’s or subscriber’s activity
violates this AUP.
Cloudfonica is not liable
for the security of communications transmitted over Cloudfonica’s
facilities.
Customers are responsible
for protecting the confidentiality of their password, user names and
user’s account. Customers may not share them with any other person, even
if related in any way. Customers may not transfer their account to
anyone without prior written consent of Cloudfonica.
In case a customer has good
grounds to believe that the security of its password might have been
compromised, he should promptly send an email to info@cloudfonica.com.
4. Prohibited use
In general, customers may not use the
Cloudfonica’s products, application or services in any manner which:
- Violates any applicable law, regulation, treaty or tariff where users/customers are using the service/product of Cloudfonica;
- Violates the acceptable use policies of any networks, application, machines or services which are accessed through Cloudfonica’s services or products;
- Infringes on the intellectual property rights of Cloudfonica or others;
- Violates the privacy of others; or
- Involves deceptive online marketing practices (T&C applies).
Solely as guidance to the
customer, prohibited activities include, but are not limited to, the
following:
- Attempting to interfere with or denying service to any user or host (e.g., denial of service attacks);
- Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Cloudfonica services or those of any other party;
- Falsifying header information, user identification or user information;
- Introduction of malicious programs into the network (e.g., viruses, worms, Trojan horses, etc.)
- Monitoring or scanning the networks of others without permission (e.g. port scan)
- Attempted or successful security breaches or disruption of Internet communication, including without limitation accessing data, machines or networks of which the customer is not an intended recipient or user or logging into a server or account that the customer is not expressly authorized to access (e.g. hacking or cracking);
- Executing any form of network monitoring (e.g., packet sniffer) which will intercept data not intended for the customer;
- Using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
- Sending unsolicited commercial spam through the Cloudfonica network/services;
- transmitting or receiving copyright infringing material, including but not limited to copyrighted music, video, software, books, programs or other published material;
- Transmitting or receiving obscene, indecent, offensive, racist, defamatory, unreasonably violent, threatening, intimidating or harassing material;
- Auto-dialing or predictive-dialing (sometimes referred to as “robo-dialing”)
- Other activities, whether lawful or unlawful, that Cloudfonica or any of its third party providers or peering partners determines to be harmful to its customers, subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service.
- Engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by Cloudfonica, or otherwise involving the services or any Cloudfonica.com account
5. Consequences of a prohibited use
Any violation of any of the
policies described below grants Cloudfonica the authority to take action
to restrict or terminate customer’s access to the services.
Notwithstanding anything
herein to the contrary, a violation of this AUP by a customer or a
customer’s own user or customer are considered as a violation of this
AUP by Cloudfonica’s customer. Cloudfonica may take immediate action,
without regard to any cure periods in the Agreement, in response to such
violation, including, but not limited to, termination of the Agreement.
Moreover, customers who
violate this AUP may incur criminal or civil liability. Cloudfonica may
refer violators to civil or criminal authorities for prosecution, and,
if needed for the related investigation, will fully cooperate with the
relevant government authorities.
In case Cloudfonica is
required by court orders, statutes, regulations or governmental requests
to disclose information transmitted through its facilities, Cloudfonica
will duly and entirely cooperate. Respecting all laws applicable
(especially privacy law), Cloudfonica may disclose information
transmitted over its facilities where necessary to protect Cloudfonica
and its customers from harm, or where such disclosure is necessary to
the proper operation of the system.
In case of prohibited
activities by the customer or the customer’s own user or own customer,
Cloudfonica reserves the right to charge the customer to cover
administrative costs related to these activities including, but not
limited to, recovery of the costs of identifying offenders and
restricting or terminating the access to the services.
Cloudfonica shall not be
liable for any damages of any nature suffered by any customer, or any
third party resulting in whole or in part from Cloudfonica’s exercise of
its rights under these AUP.
6. Severability
If any provision of this
Policy is held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of this AUP will not be
affected thereby.
7. Indemnity
Customers agree to defend,
indemnify and hold Cloudfonica harmless from any liability, claim, loss,
damage or expense including reasonable attorney’s fees arising out of
Customer’s breach of violation of any term contained in this AUP.
8. Limitation of liability
Cloudfonica shall not be
liable for any direct, indirect, special, consequential, or punitive
damages, including, without limitation, loss of profits due to CDR
destruction for unpaid customer account, loss of business or business
opportunity, loss of use, etc. even if advised of the possibility of
such damages by customer. This limitation of liability in favour of
Cloudfonica is in addition to any limitations set forth in any written
agreement between Cloudfonica and any applicable customer and will apply
whether the action in which recovery is sought is based in contract or
tort or any applicable laws.