1. Ordering Services
1.1
An “Order” is any written service order submitted by the Client to Fornida, in electronic or paper form. Orders must describe the Services, state the price, and be signed by the Client. Hand and electronic signatures accepted. Fornida reserves the right to reject any Order submitted by the Client in Fornida’s sole discretion.
1.2
These Terms govern Client use of Services and are incorporated into the Client’s Agreement and any Order. The Client confirms acceptance 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 that the Order is for business purposes.
1.4
Fornida incurs no obligation until the Client passes Fornida’s credit review and approval process.
2. Fornida Obligations
2.1
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.
3. Client Obligations
3.1
The Client must:
- Ensure all information provided is accurate, true, complete, and kept current.
- Pay all Service fees when due.
- Maintain compliance with these Terms and applicable laws.
- Cooperate fully with investigations regarding downtime or outages.
3.2
For Third-Party Software installed on Fornida servers, the Client is solely responsible for licensing fees, EULA acceptance, license maintenance, and indemnifying Fornida against claims.
3.3
The Client shall be at all times solely responsible for the security and contents of all Client Data. Client Data remains Client’s exclusive property.
3.4
The Client is solely responsible for:
- Evaluating Service suitability for the Client Data being stored.
- Use of Services by Client employees or other users.
- Taking reasonable actions to reduce risks of data transmission, theft, loss, 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, including sensitive data, financial information, driver’s license data, social security information, and HIPAA-protected information.
3.6
The Client is solely responsible for backing up Client Data not covered by Fornida’s Managed Backup Solution on separate servers. Fornida shall in no event be responsible under any circumstances for any Client Data lost or corrupted on non-MBS servers.
3.7
The Client is solely responsible for maintaining the security of its service account, designing and implementing security procedures, and not providing account access or support contact information to third parties.
3.8
In the event of any data breach, or unauthorized access to Fornida’s service, network, servers, or accounts, the Client shall immediately notify Fornida with a breach description and must cooperate fully in investigations.
3.9
Client shall use Services only in compliance with Section 4 (Acceptable Use).
3.10
Client must immediately notify Fornida of any event that could lead to claims against Fornida and provide relevant information upon request.
4. Acceptable Use
4.1
Client use must comply with all applicable data protection, privacy, spam, and other 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. Client must ensure all users agree not to use Services illegally or for unauthorized purposes.
- Spam includes mass unsolicited emails, unsolicited commercial communications, unauthorized email collection, and mailing lists/newsletters without confirmed opt-in and unsubscribe links.
- Prohibited uses include CAN-SPAM violations, illegal software sharing, unauthorized network access, malware/spyware use, harassment, software piracy, network attacks, virus distribution, email spoofing, fraud, identity theft, phishing, and hacking.
- Prohibited: unauthorized use or access of the network, systems, or data of any third party, including any attempted test, probe, or scan.
- 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.
- Prohibited: collecting information by deceit/fraud (phishing, scamming, password theft, spidering, harvesting) or using false/misleading TCP-IP packet headers.
- Prohibited: hiding or concealing identity/contact information, including omission, deletion, forgery, or misreporting transmission or identification information, and using proxies, IRC, or protocols to mask malicious activities.
- Prohibited: interfering with Fornida’s ability to provide Services, including overload attempts, broadcast attacks, mail bombing, and flooding.
- It shall be a breach of these Terms to use Services in any way resulting in Fornida IP space being listed on abuse databases or Client listing on the ROKSO database.
- Prohibited: gambling-related activities, copyrighted material distribution not owned by Client, illegal activities, content inciting/threatening violence, harassment, hate speech, or pornographic content.
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. Use exceeding 12,000 inodes per GB may result in warnings, suspension, or termination.
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.
5. Termination for Violation of Acceptable Use
5.1
Fornida may investigate potential Section 4 violations and may:
- Restrict or limit access.
- Delete or require deletion of violating content.
- Terminate the Agreement for cause.
- Exercise other available rights and remedies.
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
Fornida may suspend Services when:
- Suspension is deemed necessary to protect the Hosted Cloud Service, network, or other Fornida clients.
- Services have been accessed/used by third parties without Client consent.
- Client fails to cooperate with investigations into potential Term violations.
- Fornida determines Services have been, are being, or are likely to be used in violation of these Terms.
- Client has not paid Service fees.
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, no prior notice to the Client will be necessary.
6.3
Upon demonstrating issue resolution, Fornida shall relieve suspension. 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.
6.4
During suspension, Fornida may in its sole discretion delete or deny Client’s access to any data, including Client Data. Fornida has no obligation to allow access during suspension.
6.5
During suspension for Term violations, 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 provides Hosted Cloud Services in compliance with the Fornida Master Services Agreement at fornida.com/terms_msa.
7.2
Fornida technical support is provided via phone, email, and customer portal. Managed support features 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
Additional services not covered by agreements are provided 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.
7.7
For Third Party Software, 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.
7.8
Fornida may periodically run security scans on managed devices. A 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 is calculated based on outgoing traffic, incoming traffic, or both. When usage exceeds package limits, 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
Services may be inaccessible or inoperable due to:
- Periodic maintenance procedures or upgrades (Scheduled Downtime).
- Service malfunctions and causes beyond Fornida’s control or not reasonably foreseeable.
- Hostile network attacks, congestion, or other failures.
- See Fornida — Hosted Cloud Services SLA 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.