Last Published: 19/04/2012
Cloudsafe365 Inc licences cloudsafe365 & XPengine Service™ from cloudsafe365 Holdings Pty Ltd ACN 154 486 898.
cloudsafe365 for WordPress Plugin Licence
cloudsafe365 for WordPress is licensed under the GNU general public license available at: (http://www.gnu.org/licenses/gpl.html). Serviceware means the cloudsafe365 Service that can be thought of as a Serviceware Plugin as per guidelines referred to inhttp://wordpress.org/extend/Plugins/about/guidelines/. The Plugin can function in its own right however when activated via an API key it accesses extra processing and storage capabilities.
To use the Service, download the Plugin from either the Website, where you will have to register, or the WordPress Plugin Store where registration is automatic.
After activating the Service and being sent a confirmation API Key which provides access to the cloud based web service, you will be able to use the Service. cloudsafe365 may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will cloudsafe365 be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 13.
If you download the Plugin from the WordPress Store, registration happens automatically when you activate the Plugin. If you download the Plugin from the Website that registration is manual.
If you obtain or purchase an API Key, you are responsible for maintaining its security, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify cloudsafe365 of any unauthorized uses of your API Key, your account or any other breaches of security. cloudsafe365 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You agree to pay cloudsafe365 the Service fees as indicated in the Pricing Plans presented to you when purchasing a Service in accordance with the Service selected. cloudsafe365 reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your continued use of the API Key constitutes your acceptance of all of the changed payment and fee terms.
Copyright Infringement and DMCA Policy
As cloudsafe365 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify cloudsafe365 in accordance with cloudsafe365’s Digital Millennium Copyright Act (“DMCA”) Policy. cloudsafe365 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of cloudsafe365 or others, cloudsafe365 may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, cloudsafe365 will have no obligation to provide a refund of any amounts previously paid to cloudsafe365.
cloudsafe365 and XP Engine and all other trademarks, service marks, graphics and logos used in connection with the Plug In or the Service, or the Website are trademarks or registered trademarks of cloudsafe365 or cloudsafe365’s licensors or licensees. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any cloudsafe365 or third-party registered or unregistered trademarks.
The Website, Service, and this TOS may be changed at the sole discretion of cloudsafe365 and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and so should periodically review this TOS.
Communications with cloudsafe365
All notices and other communications to cloudsafe365 required under this TOS should be directed to the cloudsafe365 contact page. Notice is deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
Limitation of warranties of cloudsafe365, its suppliers and licensors
Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and cloudsafe365, its supplies and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. cloudsafe365 makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying security threats. You understand and agree that you download from, or otherwise obtain Services through the Website at your own discretion and risk, and that cloudsafe365, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or Services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Limitation of liability of cloudsafe365, its suppliers and its licensors
Except as otherwise expressly stated, in no event will cloudsafe365, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked Website including without limitation any lost profits, business interruption, loss of data or otherwise, even if cloudsafe365, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against cloudsafe365, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked Website exceed the amounts actually paid by you to cloudsafe365 during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 10 represents a reasonable allocation of risk.
General Representation and Warranty
You agree to defend, indemnify and hold harmless cloudsafe365, its licensee, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in this TOS.
cloudsafe365 may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay the Service Fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms of Service cloudsafe365 terminates the license to use the Service and this Website and to use your API Key. You may terminate this Agreement contained in this Terms of Service for any reason upon thirty (30) days prior written notice to cloudsafe365.
Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
These Terms of Service constitute the entire agreement between cloudsafe365 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of cloudsafe365, or by the posting by cloudsafe365 of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms of Service, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. cloudsafe365 may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Automatic upgrades are available for all versions of the cloudsafe365 Service. A new version of the Plugin may need to be activated to take advantage of the Service.
We will be happy to provide refund within the first thirty (30) days of your purchase. If you are unable to get the Plugin to install properly on your website or if the Plugin fails to perform the basic functions as designed after this and you have worked with the product support team to try to resolve these issues. Refunds will be granted at the sole discretion of cloudsafe365 Inc. No automatic refunds will be given after thirty (30) days from the initial purchase. Please note that by purchasing the Plugin, you agree to the terms of the Refund Policy.