Terms of Service
Last Updated 21 June 2021
These Terms of Service, together with any documents and/or additional terms expressly incorporated by reference (collectively, this “Agreement”) set forth the terms and conditions that apply to your access and use of asecurecloud’s services (the “Services”) made available through the internet website located at https://asecure.cloud/ (the “Site”), owned and operated by asecurecloud Inc. (“asecurecloud”, “we”, “our” or “us”).
BY ACCESSING OR USING THE SITE OR SERVICES OR ANY SOFTWARE, APPLICATIONS OR CODE MADE AVAILABLE ON THE SITE YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
BY ACCESSING OR USING THE SITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ELIGIBLE TO ENTER INTO THIS AGREEMENT UNDER ANY LAWS APPLICABLE TO YOU. IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as asecurecloud’s Privacy Policy located at (the “Privacy Policy”), as it may be amended from time to time in the future.
asecurecloud reserves the right in our sole discretion to revise and update this Agreement or the Privacy Policy at any time, without notification to you, and you should review this Agreement and the Privacy Policy from time to time by accessing the Site. Your continued use of the Site and/or the Services will be deemed irrevocable acceptance of any such revisions. Before you continue, you should print or save a local copy of this Agreement and the Privacy Policy for your records.
The information and material on this Site, and the Site itself, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
1. Use and Account Set-up
You are responsible for obtaining your own access to the Site and/or Services. The Site and/or Services, including content or areas of the Site, may require you to register and create and account (an “Account”) and select a unique user name and password (collectively, “Credentials”). It is a condition of your use of the Site and/or Services that all the information you provide on the Site and/or Services is correct, current, and complete. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of the Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You are responsible for any Credentials misuse or any unauthorized access. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.
asecurecloud requires, subject to specific instances, only limited information and read-only access to use our Services. In such specific instances where asecurecloud’s Services necessitate further permissions beyond read-only access, asecurecloud will request only the least-required permissions from you. You acknowledge and agree to waive liability, indemnify and save harmless asecurecloud, and its subsidiaries, affiliates, and each of their respective directors, officers, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors, if you provide, whether intentionally or unintentionally, information or access beyond what asecurecloud has requested and/or requires.
asecurecloud reserves the right at any time and from time to time, to disable or terminate your Account, Credentials, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement. We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in our discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If asecurecloud, in its sole discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
Your provision of registration information and any submissions you make to the Site through any functionality such as applications, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site and/or Services.
2. Intellectual Property Rights
- All material available on the Site and all material and Services provided by or through asecurecloud, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, URLs, trade names, trade-marks, logos, content, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. Except for as may be provided in this Agreement, nothing in these herein or on the Site will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, ownership, licence or other right to you to use any such marks or names or any other intellectual property right of asecurecloud.
- The Materials are provided to you AS IS, without any representation or warranty, whether express or implied. The copying, reproduction, use, modification or publication by you of any such Material or any part of the Material related to the Site and/or Services is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.
- Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, asecurecloud grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.
- You agree that you will not, and will not allow any third party to: (a) except as expressly permitted by asecurecloud, copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Materials or the Site; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality in the Materials or the Site; (c) use the Materials or the Site to access, copy or transfer content in violation of any applicable laws or third party rights; (d) remove, obscure or alter asecurecloud’s or any third party’s copyright notices, trademarks or other proprietary rights notices affixed to or contained within the Materials or the Site; or (e) access or use the Site and/or Services for any unlawful purpose or otherwise violate this Agreement.
- If asecurecloud, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Site, Services or any of its, your or a third party system, then asecurecloud may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. asecurecloud has no liability to you for suspending the Services under this provision.
- For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.
asecurecloud retains the right to use or share any Aggregated Data (as defined below) generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information or private configuration data and which has been manipulated or combined to provide generalized, anonymous information. You are solely responsible for any and all personal information that is part of any content, being:
- wireless network, and mobile network information (including the mobile phone number);
- Records and copies of your correspondence (including email addresses), if you contact us;
- Details of transactions you carry out through the asecurecloud Services such as pages visited, actions on the pages, search queries; and/or
- any other information that you directly submit to us, whether through the Site, Services, or your Account.
(collectively, “Content”)
We do not collect any of the parameters provided to generate configuration templates or any of the AWS account environment data unless explicitly saved to a user’s profile.
asecurecloud has no obligation, nor any responsibility to any party, to monitor the Site or its use, and do not and cannot undertake to review material or Content that you or other users submit to the Site or Services. We have no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party, subject to applicable laws.
3. Cancellation and Termination
- You may cancel your Account at any time through the interface provided as part of the Services or via asecurecloud’s support addresses.
- asecurecloud reserves the right at any time, and without cost, charge or liability, to terminate this Agreement and your access to the Site, Account, and Services, at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement or a failure to pay asecurecloud any amounts, fees, payments or otherwise owing to asecurecloud for your use of asecurecloud Services.
- asecurecloud reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
- asecurecloud may, at any time, without notice, take such actions with respect to Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating this Agreement.
- asecurecloud reserves the right at any time, without notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site, Services or an Account.
YOU WAIVE AND HOLD HARMLESS ASECURECLOUD AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASECURECLOUD AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER ASECURECLOUD OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, asecurecloud has adopted a policy of terminating, in appropriate circumstances and at asecurecloud’s sole discretion, subscribers or Account holders who are deemed to be repeat infringers. asecurecloud may also limit access to Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Acceptable Use and Conduct
In addition to complying with this Agreement, you agree to use the Site, Materials and Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree that you will not publish or make available any Content that, or use the Site or Services in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by asecurecloud;
- impersonates a asecurecloud employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
- facilitates the unlawful distribution of copyrighted Content;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of asecurecloud or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site, Services or any third party’s systems;
- posts adult or pornographic Content;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other asecurecloud technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
- accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
- accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.
- any other unlawful purpose.
We reserve the right to terminate your use of the Site and/or Service or any related website, for violating any of the prohibited uses.
6. Disclaimer of Warranties
- USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING THIRD PARTY SOFTWARE OR CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASECURECLOUD, AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “ASECURECLOUD PARTIES”), EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, RELIABILITY TITLE AND NON-INFRINGEMENT.
- ASECURECLOUD PARTIES DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME ASECURECLOUD MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT ASECURECLOUD, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. ASECURECLOUD MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
- ASECURECLOUD IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY THIRD PARTY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY ASECURECLOUD, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY ASECURECLOUD.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASECURECLOUD OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY ASECURECLOUD FROM ITS FACILITIES IN CANADA. ASECURECLOUD MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
7. Limitation Of Liability
asecurecloud and its owners and affiliates, and their officers, directors, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors are not liable for anything that happens to you that may be connected to your use of the Site and/or Services, including but not limited to any advice or recommendations provided by asecurecloud. You may be responsible for our legal fees and costs arising out of your use of the Site and/or Services or any breach by you of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ASECURECLOUD PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE SERVICES 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 ASECURECLOUD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY; (iv) YOUR RELIANCE ON MATERIAL, ADVICE AND/OR RECOMMENDATIONS MADE AVAILABLE BY US; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You are subject to the limitations of liability contained in this Agreement and all ancillary policies adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any interaction between us and you pursuant to this Agreement and/or the ancillary policies, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid to asecurecloud in the immediately preceding two (2) months; or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless asecurecloud and its parent, subsidiaries, affiliates and their respective, directors, officers, shareholders, employees, affiliates, partners, contractors, agents, suppliers and licensors from and against any claims, liabilities, damages, losses, actions, or demands from you or any third party, including without limitation reasonable legal and professional fees, alleging or resulting from (i) your use of the Site and/or Services, (ii) your use of or reliance on any third party or asecurecloud Material, (iii) any Content you distribute on or through the Site or Services or which is sent to us by you; or (iv) your breach of this Agreement, applicable laws, rules, regulations or rights of any third-party. Notwithstanding the foregoing, asecurecloud retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
9. Electronic Communications
You consent to asecurecloud communicating with you by e-mail or web or internet posting and you consent to receiving e-mails and other electronic communications from asecurecloud to communicate with you about the Site and Services. By using Services or providing any personal information to asecurecloud, you agree and consent that asecurecloud may communicate with you electronically regarding your use of Services including promoting or making you aware of asecurecloud offerings, new services and products. To withdraw your consent to receiving electronic communications from asecurecloud you may e-mail us at: support@asecure.cloud.
10. Service Limitations
We can change or cancel the Site and/or Services at any time. We are not liable for the actions of our users when they use Site or Services. If we change or cancel the Site and/or Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy or availability of any content you view using the Site and/or Services or related content or other websites. We may change, cancel, suspend, or discontinue any aspect of Site and/or Services at any time, including hours of operation or availability of the Site and/or Services or any feature, without notice or liability.
11. General
This Agreement, the Privacy Policy and all other notices, policies and statements contained on this Site (all as may be amended by asecurecloud from time to time without prior notice) constitute the entire agreement between us and you. This Agreement cannot be modified except as described herein. Anything in the Site inconsistent with this Agreement is superseded by this Agreement. No waiver of any term of this Agreement will be deemed a further or confirming waiver of such term or any other term. If in any jurisdiction, any of the terms of this Agreement are held to be unenforceable by a court of competent jurisdiction, such term will be restricted or eliminated to the minimum extent necessary and the remaining terms of this Agreement will otherwise remain in full force and effect. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement. If you access the Site from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.
The relationship between asecurecloud and you will be that of independent contractors, and neither of us nor any of our respective directors, officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement, Site or Services.
12. Contact Us
We value your visit to the Site and use of our Services and welcome any questions or comments you might have about this Agreement, or any of the services offered by asecurecloud. If you have any questions or concerns relating to the terms and conditions herein or to any ancillary terms and conditions, please contact us via e-mail at: support@asecure.cloud
Terms of Service
Last Updated 21 June 2021
These Terms of Service, together with any documents and/or additional terms expressly incorporated by reference (collectively, this “Agreement”) set forth the terms and conditions that apply to your access and use of asecurecloud’s services (the “Services”) made available through the internet website located at https://asecure.cloud/ (the “Site”), owned and operated by asecurecloud Inc. (“asecurecloud”, “we”, “our” or “us”).
BY ACCESSING OR USING THE SITE OR SERVICES OR ANY SOFTWARE, APPLICATIONS OR CODE MADE AVAILABLE ON THE SITE YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
BY ACCESSING OR USING THE SITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ELIGIBLE TO ENTER INTO THIS AGREEMENT UNDER ANY LAWS APPLICABLE TO YOU. IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as asecurecloud’s Privacy Policy located at (the “Privacy Policy”), as it may be amended from time to time in the future.
asecurecloud reserves the right in our sole discretion to revise and update this Agreement or the Privacy Policy at any time, without notification to you, and you should review this Agreement and the Privacy Policy from time to time by accessing the Site. Your continued use of the Site and/or the Services will be deemed irrevocable acceptance of any such revisions. Before you continue, you should print or save a local copy of this Agreement and the Privacy Policy for your records.
The information and material on this Site, and the Site itself, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
1. Use and Account Set-up
You are responsible for obtaining your own access to the Site and/or Services. The Site and/or Services, including content or areas of the Site, may require you to register and create and account (an “Account”) and select a unique user name and password (collectively, “Credentials”). It is a condition of your use of the Site and/or Services that all the information you provide on the Site and/or Services is correct, current, and complete. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of the Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You are responsible for any Credentials misuse or any unauthorized access. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.
asecurecloud requires, subject to specific instances, only limited information and read-only access to use our Services. In such specific instances where asecurecloud’s Services necessitate further permissions beyond read-only access, asecurecloud will request only the least-required permissions from you. You acknowledge and agree to waive liability, indemnify and save harmless asecurecloud, and its subsidiaries, affiliates, and each of their respective directors, officers, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors, if you provide, whether intentionally or unintentionally, information or access beyond what asecurecloud has requested and/or requires.
asecurecloud reserves the right at any time and from time to time, to disable or terminate your Account, Credentials, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement. We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in our discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If asecurecloud, in its sole discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
Your provision of registration information and any submissions you make to the Site through any functionality such as applications, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
The transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site and/or Services.
2. Intellectual Property Rights
- All material available on the Site and all material and Services provided by or through asecurecloud, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, URLs, trade names, trade-marks, logos, content, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. Except for as may be provided in this Agreement, nothing in these herein or on the Site will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, ownership, licence or other right to you to use any such marks or names or any other intellectual property right of asecurecloud.
- The Materials are provided to you AS IS, without any representation or warranty, whether express or implied. The copying, reproduction, use, modification or publication by you of any such Material or any part of the Material related to the Site and/or Services is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.
- Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, asecurecloud grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.
- You agree that you will not, and will not allow any third party to: (a) except as expressly permitted by asecurecloud, copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Materials or the Site; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality in the Materials or the Site; (c) use the Materials or the Site to access, copy or transfer content in violation of any applicable laws or third party rights; (d) remove, obscure or alter asecurecloud’s or any third party’s copyright notices, trademarks or other proprietary rights notices affixed to or contained within the Materials or the Site; or (e) access or use the Site and/or Services for any unlawful purpose or otherwise violate this Agreement.
- If asecurecloud, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Site, Services or any of its, your or a third party system, then asecurecloud may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. asecurecloud has no liability to you for suspending the Services under this provision.
- For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.
asecurecloud retains the right to use or share any Aggregated Data (as defined below) generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information or private configuration data and which has been manipulated or combined to provide generalized, anonymous information. You are solely responsible for any and all personal information that is part of any content, being:
- wireless network, and mobile network information (including the mobile phone number);
- Records and copies of your correspondence (including email addresses), if you contact us;
- Details of transactions you carry out through the asecurecloud Services such as pages visited, actions on the pages, search queries; and/or
- any other information that you directly submit to us, whether through the Site, Services, or your Account.
(collectively, “Content”)
We do not collect any of the parameters provided to generate configuration templates or any of the AWS account environment data unless explicitly saved to a user’s profile.
asecurecloud has no obligation, nor any responsibility to any party, to monitor the Site or its use, and do not and cannot undertake to review material or Content that you or other users submit to the Site or Services. We have no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party, subject to applicable laws.
3. Cancellation and Termination
- You may cancel your Account at any time through the interface provided as part of the Services or via asecurecloud’s support addresses.
- asecurecloud reserves the right at any time, and without cost, charge or liability, to terminate this Agreement and your access to the Site, Account, and Services, at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement or a failure to pay asecurecloud any amounts, fees, payments or otherwise owing to asecurecloud for your use of asecurecloud Services.
- asecurecloud reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
- asecurecloud may, at any time, without notice, take such actions with respect to Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating this Agreement.
- asecurecloud reserves the right at any time, without notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site, Services or an Account.
YOU WAIVE AND HOLD HARMLESS ASECURECLOUD AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASECURECLOUD AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER ASECURECLOUD OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, asecurecloud has adopted a policy of terminating, in appropriate circumstances and at asecurecloud’s sole discretion, subscribers or Account holders who are deemed to be repeat infringers. asecurecloud may also limit access to Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Acceptable Use and Conduct
In addition to complying with this Agreement, you agree to use the Site, Materials and Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree that you will not publish or make available any Content that, or use the Site or Services in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by asecurecloud;
- impersonates a asecurecloud employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
- facilitates the unlawful distribution of copyrighted Content;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of asecurecloud or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site, Services or any third party’s systems;
- posts adult or pornographic Content;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other asecurecloud technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
- accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
- accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.
- any other unlawful purpose.
We reserve the right to terminate your use of the Site and/or Service or any related website, for violating any of the prohibited uses.
6. Disclaimer of Warranties
- USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING THIRD PARTY SOFTWARE OR CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASECURECLOUD, AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “ASECURECLOUD PARTIES”), EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, RELIABILITY TITLE AND NON-INFRINGEMENT.
- ASECURECLOUD PARTIES DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME ASECURECLOUD MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT ASECURECLOUD, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. ASECURECLOUD MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
- ASECURECLOUD IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY THIRD PARTY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY ASECURECLOUD, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY ASECURECLOUD.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASECURECLOUD OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY ASECURECLOUD FROM ITS FACILITIES IN CANADA. ASECURECLOUD MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
7. Limitation Of Liability
asecurecloud and its owners and affiliates, and their officers, directors, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors are not liable for anything that happens to you that may be connected to your use of the Site and/or Services, including but not limited to any advice or recommendations provided by asecurecloud. You may be responsible for our legal fees and costs arising out of your use of the Site and/or Services or any breach by you of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ASECURECLOUD PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE SERVICES 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 ASECURECLOUD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY; (iv) YOUR RELIANCE ON MATERIAL, ADVICE AND/OR RECOMMENDATIONS MADE AVAILABLE BY US; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You are subject to the limitations of liability contained in this Agreement and all ancillary policies adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any interaction between us and you pursuant to this Agreement and/or the ancillary policies, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid to asecurecloud in the immediately preceding two (2) months; or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless asecurecloud and its parent, subsidiaries, affiliates and their respective, directors, officers, shareholders, employees, affiliates, partners, contractors, agents, suppliers and licensors from and against any claims, liabilities, damages, losses, actions, or demands from you or any third party, including without limitation reasonable legal and professional fees, alleging or resulting from (i) your use of the Site and/or Services, (ii) your use of or reliance on any third party or asecurecloud Material, (iii) any Content you distribute on or through the Site or Services or which is sent to us by you; or (iv) your breach of this Agreement, applicable laws, rules, regulations or rights of any third-party. Notwithstanding the foregoing, asecurecloud retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
9. Electronic Communications
You consent to asecurecloud communicating with you by e-mail or web or internet posting and you consent to receiving e-mails and other electronic communications from asecurecloud to communicate with you about the Site and Services. By using Services or providing any personal information to asecurecloud, you agree and consent that asecurecloud may communicate with you electronically regarding your use of Services including promoting or making you aware of asecurecloud offerings, new services and products. To withdraw your consent to receiving electronic communications from asecurecloud you may e-mail us at: support@asecure.cloud.
10. Service Limitations
We can change or cancel the Site and/or Services at any time. We are not liable for the actions of our users when they use Site or Services. If we change or cancel the Site and/or Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy or availability of any content you view using the Site and/or Services or related content or other websites. We may change, cancel, suspend, or discontinue any aspect of Site and/or Services at any time, including hours of operation or availability of the Site and/or Services or any feature, without notice or liability.
11. General
This Agreement, the Privacy Policy and all other notices, policies and statements contained on this Site (all as may be amended by asecurecloud from time to time without prior notice) constitute the entire agreement between us and you. This Agreement cannot be modified except as described herein. Anything in the Site inconsistent with this Agreement is superseded by this Agreement. No waiver of any term of this Agreement will be deemed a further or confirming waiver of such term or any other term. If in any jurisdiction, any of the terms of this Agreement are held to be unenforceable by a court of competent jurisdiction, such term will be restricted or eliminated to the minimum extent necessary and the remaining terms of this Agreement will otherwise remain in full force and effect. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement. If you access the Site from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.
The relationship between asecurecloud and you will be that of independent contractors, and neither of us nor any of our respective directors, officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement, Site or Services.
12. Contact Us
We value your visit to the Site and use of our Services and welcome any questions or comments you might have about this Agreement, or any of the services offered by asecurecloud. If you have any questions or concerns relating to the terms and conditions herein or to any ancillary terms and conditions, please contact us via e-mail at: support@asecure.cloud
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