Hosted Cloud Services

Hosted Cloud Services Terms of Service (TOS)

1. ORDERING SERVICES

 

1.1. Herein, an “Order” shall be any written order for services submitted by the Client to Fornida. The Order must be written, in electronic or in paper form. The Order must include a full description of the Services to be purchased, must state the price paid for such Services and must be signed by the Client. Hand signature and electronic signature will be accepted. Fornida reserves the right to reject any Order submitted by the Client in Fornida’s sole discretion and without any obligation to notify the Client of the reasons for such rejection.

 

1.2. These Terms of Service (the “Terms”) shall govern the Client’s use of the Services. These Terms are incorporated into the Client’s Agreement, and any Order for Services. The Client hereby confirms that they have reviewed, understand and accept the terms of the Fornida Master Services Agreement.

 

1.3. By using the Services, the Client represents to Fornida that the individual placing the Order for Client has the legal authority to enter into legally binding contractual commitments and to make purchases on behalf of the Client. The Client further represents and warrants that the Order is submitted to Fornida on behalf of a business rather than a residential customer, and Fornida shall be entitled to rely on such representation.

 

1.4. Fornida shall incur no obligation under these Terms or any Order until Fornida has confirmed that the Client passes Fornida’s credit review and approval process.

 

 

2. FORNIDA OBLIGATIONS

 

2.1. The Services provided by Fornida to the Client shall be subject to these Terms. Fornida shall have no legal duty, obligation, liability, or responsibility to the Client in relation to the Services or under any Order except as explicitly provided herein, or otherwise within Fornida’s Master Services Agreement.

 

 

3. CLIENT OBLIGATIONS

 

3.1. The Client shall at all times:

  • Ensure that all information provided to Fornida is accurate, true and complete, and shall ensure that the Client’s account information as provided to Fornida is accurate, true and complete and kept up to date.
  • Pay all Service fees and other charges upon becoming due.
  • Maintain compliance with these Terms and all applicable laws and regulations.
  • In the event of any investigation by Fornida regarding Service downtime or outages, cooperate fully with Fornida, including provision of information and documentation as may be requested.

3.2. Third-Party Software may from time to time be installed on behalf of the Client on a Fornida server either by the Client, or by Fornida upon the Client’s request. The Client shall at all times be solely responsible for payment of any service fee or licensing costs in connection with such Third-Party Software, including any subsequent price increases in the third-party licensing fees. Fornida may bill the Client directly for any such fees. Moreover, in connection with any such Third-Party Software, the Client shall at all times be solely responsible for:

  • Acceptance of the software manufacturer’s End-User Licenses Agreement (EULA) and/or Terms and Conditions.
  • Obtaining and maintaining all required licenses for use of the Third-party Software, and complying with any and all licensing requirements of the software manufacturer.
  • Indemnification of Fornida from and against any claims arising from the Client’s use of such Third-Party Software on the Fornida server(s).

3.3. The Client shall be at all times solely responsible for the security and contents of all Client Data. All Client Data shall be and remain at all times the exclusive property of the Client. “Client Data” shall mean any content, information or data of any kind stored by the Client on Fornida’s server(s).

 

3.4 The Client shall be at all times solely responsible for:

  • Evaluating the suitability of the Services offered by Fornida in consideration of the nature of the Client Data to be stored by the Client on the Fornida servers.
  • The use of Fornida’s Services by any employees of the Client, or by any other users who gain access to the Client’s Fornida Cloud Hosted Service, with or without approval of the Client.
  • Ensuring all reasonable actions have been taken as required to reduce or manage the risk of transmission of Client Data over the internet, in to and out of the Fornida Cloud Hosted Service, including but not limited to the risk of data theft, loss and/or corruption.

3.5. The Client shall be at all times solely responsible for ensuring that all Client Data required to be encrypted is appropriately encrypted. Data required to be encrypted, shall included without limitation, any sensitive data, as defined under any relevant state, federal, or international law, or pursuant to any contractual obligations of the Client. For the purposes of this Agreement, “Sensitive Data” shall include, without limitation, information relating to any financial account, driver’s license, social security information, information protected by Health Insurance Portability and Accountability Act, as amended (HIPAA) and relevant regulations thereunder.

 

3.6. The Client shall be at all times solely responsible for ensuring any Client Data hosted on Fornida servers not covered by Fornida’s Managed Backup Solution (“MBS”) is appropriately backed up on separate servers maintained by the Client. Fornida may provide backup assistance for servers not covered by MBS in Fornida’s sole discretion; in this event Fornida shall in no event be responsible under any circumstances for any Client Data lost or corrupted while stored on such server.

 

3.7. The Client shall be at all times solely responsible for maintaining the security of Client’s service account with Fornida. The Client shall be responsible for designing and implementing its own security and authorization procedures for access to the account. The Client shall not provide Client’s Fornida account access information, or contact information for Fornida technical support, to any third party.

 

3.8. In the event off any data breach, or unauthorized access to Fornida’s service, network, servers, or accounts the Client shall immediately notify Fornida of the breach or unauthorized access, including provision of a description of the extent of the expected breach or access. The Client shall fully cooperate with Fornida in the conduct of any investigation regarding such data breach or access and in resolution of the same.

 

3.9. Client shall only use or allow the use of the Services in compliance with section 4, (Acceptable Use) of these Terms.

 

3.10. The Client shall immediately notify Fornida of any event or circumstance the Client becomes aware of in connection with these Terms, and/or Client’s, or any of Client’s users, use of the Services, that could lead to a claim or potential claim against Fornida. In such event, the Client shall provide to Fornida all relevant information relating to such circumstance upon request.

 

 

4. ACCEPTABLE USE

 

4.1. The Client’s use of the Services shall comply with all applicable data protection and privacy laws and regulations, and any applicable laws and regulations governing unsolicited commercial electronic communications (“spam”) in any jurisdiction, as well as all applicable state, federal and international laws.

 

4.2. The Client understands that the Client is the sole party responsible under these Terms for any and all actions or omissions of any user of the Services accessing the services via the Client’s account or devices. The client shall take all necessary measures to have all of Client’s users of the Services agree not to use the Services in any illegal or unauthorized manner, or for any illegal or unauthorized purpose.

 

4.2.1. The term “Spam” herein shall include without limitation:

  • The outward mailing of mass unsolicited emails, without regard to the contents.
  • Any unsolicited commercial email, instant messaging, mobile phone message advertisement, and junk mail of any kind.
  • Unauthorized collecting of email addresses without prior notification to the email address owner, and email address cultivation.
  • Operation of any mailing list or newsletter without “Confirmed Opt-in” confirmation of subscriptions, or without retained messages and/or an unsubscribe link.

4.2.2. Any activity that would violate the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, the sharing illegal software, and any unauthorized use of images, internet accounts or computers, intellectual property infringement, using malware and/or spyware, harassment, pirating software, network attacks, distribution of viruses, email spoofing, fraud, identity theft, Spam, phishing, and hacking are all prohibited uses of the Services.

 

4.2.3. It shall be prohibited to use the Services in connection with any unauthorized use or access of the network, systems or data of any third party, including any attempted test, probe or scan of systemic vulnerabilities, any active breach of network security or authentication measures, or the monitoring of data or traffic on any network or system without express authorization of the network operator.

 

4.2.4. It shall be a breach of these Terms for the Client to intentionally or recklessly introduce any virus or any other malicious or contaminating code into the cloud environment hosted by Fornida.

 

4.2.5. It shall be a breach of the Terms to use the Services in connection with the collection or use of information, including email addresses, screen names or other identifiers, by deceit or fraud, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting), or the use any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting, or the distribution of software which gathers and/or transmits information about a user covertly.

 

4.2.6. It shall be prohibited to use the Services in any way which hides or conceals identity or contact information, including without limitation the omission, deletion, forgery or misreporting of any transmission or identification information.

Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, and forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses, including without limitation the use of public proxies, Internet Relay Chat (IRC), or any application layer protocol when utilized to mask activities defined as malicious within these terms.

 

4.2.7. It shall be prohibited to use the Services in any way which interferes with the ability of Fornida to provide the Services to any user of the Fornida Hosted Cloud Services, including, without limitation, deliberate attempts to overload the system, broadcast attacks, mail bombing, and flooding.

 

4.2.8. It shall be a breach of these Terms to use the Services in any way which results, directly or indirectly, in any of Fornida’s IP space being listed on any abuse database (i.e. Spamhaus), or which results in Client’s official listing on the Register of Known Spam Operations (ROKSO) database maintained at https://www.spamhaus.org/rokso/

 

4.2.9. It shall be prohibited to use the Services to conduct any activity related to gambling, or for distribution or any other use of copyrighted material not owned by Client/end-user, or for any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to the Client or to Fornida, or for the distribution of content that incites violence, threatens violence, is excessively violent, or contains harassing content or hate speech, or for the hosting of content that is pornographic or may be construed as pornographic in nature.

 

4.3. The Client is not permitted to use any system or Services provided by Fornida in any manner which has the effect of interfering with the normal operation of the system or Services, or which consumes an unusually heavy portion of system resources. Note: the use of more than 12,000 inodes per GB on any Fornida Hosted Cloud Services account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended and/or permanently terminated.

 

4.4. Fornida shall have the right to delete or quarantine any data located on a Fornida server, network or shared system where Fornida determines, in its sole discretion the data is or is likely to be infected with any virus, or is corrupted, and has the potential to infect or corrupt the Fornida system or network, or the data of other Fornida clients on the same system.

 

 

5. TERMINATION FOR VIOLATION OF ACCEPTABLE USE

 

5.1 Fornida has the right to investigate potential violations of Section 4. Where Fornida finds any violation or breach of Section 4, Fornida may take any of the following actions, in its sole discretion:

 

5.1.1. Restrict or limit access to the Services by the Client and The Client’s authorized users.

 

5.1.2. Delete or require Client deletes any Content in violation of Section 4.

 

5.1.3. Terminate this Agreement for cause.

 

5.1.4. Exercise any other rights and remedies Fornida may have, at law or in equity.

 

5.2. Prior to taking any actions as provided at 5.1 above, Fornida shall attempt to notify the Client by reasonable means under the circumstances, however, where immediate action is required due to emergency conditions or as a requirement of law no prior notice shall be required.

 

 

6. SUSPENSION OF SERVICES

 

6.1. In any of the following circumstances Fornida shall be entitled to suspend the Services available to the client, in whole or in part:

  • Such suspension is deemed by Fornida in its sole discretion to be necessary to protect Fornida’s Hosted Could Service generally, its network, and/or one or more Fornida clients.
  • Fornida has determined that the Services have been accessed or used by a third party, in anyway, without the consent of the Client.
  • In the event of an investigation into any potential or suspected violation of the Acceptable Use provisions of these Terms, the Client fails to cooperate with such investigation.
  • Fornida has determined, in its sole discretion that the Services have been used, are currently being used, or are likely to be used in violation of these Terms.
  • The Client has not paid fees for the Services to Fornida.

6.2. Prior to any suspension of the Services resulting from a breach or suspected breach of these Terms, Fornida shall provide the Client with reasonable prior notice and the Client shall have a reasonable opportunity to cure said breach. However, where Fornida has determined in its sole discretion that exigent circumstances exist which may result in harm Fornida’s network, and/or Fornida client’s data, no prior notice to the Client will be necessary.

 

6.3. Upon the Client’s demonstration that the issue resulting in suspension has been resolved in accordance with these Terms, Fornida shall relieve the suspension of Services. Fornida may, in its sole discretion, deem the suspension permanent, and terminate the Agreement with the Client for cause where the Client has not demonstrated a breach has been cured within fifteen (15) business days after the start of the suspension period. It shall be solely the Client’s responsibility to remedy any compromise of the Client’s system, network, or access to the Services, prior to Fornida lifting any suspension.

 

6.4. Where Fornida suspends Services for the Client, Fornida may in its sole discretion delete or deny Client’s access to any data, including Client Data stored on the Client’s Service Account. Fornida shall have no obligation to allow the Client to access information stored on Fornida’s network, even temporarily, during a suspension.

 

6.5. Where Fornida suspends the Client’s access to the Services due to any violation of these Terms, the Client shall be required to pay for the Services in full for the duration of the suspension period.

 

 

7. HOSTING SERVICES/TECHNICAL SUPPORT/LIMITED WARRANTY

 

7.1. Fornida will provide all Hosted Cloud Services in compliance with the Fornida Master Services Agreement found at: fornida.com/terms-conditions

 

7.2. Fornida technical support services are provided via phone, email and customer portal. Fornida cloud servers are provided with managed support. Features of managed support are described at: fornida.com

 

7.3. Fornida technical support is available only to Fornida Clients. Fornida has no support obligation to any other party.

 

7.4. In the event Fornida performs any additional services, not covered by this or other agreements between Fornida and the Client, for the Client upon the Client’s request, such services are provided on an AS IS BASIS. Under no circumstances does Fornida offer any warranty, express or implied, as to any such services.

 

7.5. Fornida has no obligation to provide security other than as expressly stated in the agreement or Order.

 

7.6. The Client is solely responsible for compliance with all regulatory requirements, including understanding which legal and regulatory rules apply to the Client and may affect its use of the Services.

 

7.7. From time-to-time Fornida may recommend and/or make available to you certain Third Party Software products and/or services. Fornida makes no representations regarding such Third Party Software and provides no warranty whatsoever regarding such Third Party Software products and/or services which are not purchased from or produced and/or provided by Fornida. The Client’s use of such Third Party Software products and/or services shall be governed solely by the agreement between the Client and the manufacturer or provider of such services.

 

7.8. Fornida may periodically run security scans on managed devices. An Fornida admin user account may be present on all managed servers for the purpose of security scans and other management/administrative functions.

 

 

8. BANDWIDTH USAGE

 

8.1. Bandwidth usage for Hosted Cloud Services packages will be calculated based upon outgoing traffic, incoming traffic, or a combination of the two. Where the actual recorded data transfer use exceeds the limits of the Client’s Service package, Fornida will charge the Client an excessive bandwidth fee in addition to the Client’s standard monthly payments. The excessive bandwidth fee is subject to change based on market rates.

 

 

9. SCHEDULED MAINTENANCE AND DOWNTIME

 

9.1. Fornida will use its commercially reasonable efforts to keep the Hosted Cloud Services platform(s) available 24 hours a day, seven days a week.

 

9.2 Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including:

 

9.2.1. Periodic maintenance procedures or upgrades (“Scheduled Downtime”)

 

9.2.2. Service malfunctions, and causes beyond Fornida’s control or which are not reasonably foreseeable by Fornida, including the interruption or failure of telecommunications or digital transmission links.

 

9.2.3. Hostile network attacks, or network congestion or other failures.

 

9.2.4. See the “Fornida – Hosted Cloud Services SLA (Service Level Agreement)” for full details.

 

9.3. Fornida is not responsible for any downtime caused by Client’s actions that breach any term of these Terms.

 

9.4. Fornida shall notify the Client in advance of any upcoming scheduled maintenance at the Client’s contact email on file. Fornida will make every effort to ensure any network access restrictions or downtime are kept to the shortest time possible.

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