Thank you for choosing 619Cloud. By using our solutions, services and sites you agree to the following terms, conditions, policies, guidelines and amendments thereto known as the Terms of Service. 619Cloud reserves the right to modify these Terms of Service without notice at any time.
Use Of 619Cloud Solutions And Services
You may use any of our solutions, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify 619Cloud of any unauthorized use of your account or any other breach of security. 619Cloud will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
Acceptable Conduct
You agree that you are responsible for maintaining your account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) are the sole responsibility of the account from which such content originated. 619Cloud reserves the right, but does not assume the responsibility, to monitor or review any Content on 619Cloud services. You agree that you are responsible for the conduct of all users of your account and any content that is created, transmitted, stored, or displayed by, from, or within your account while using 619Cloud solutions and for any consequences thereof. You agree to use 619Cloud services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts 619Cloud services or servers or networks connected to 619Cloud services.
Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate solution suspension or cancellation without a refund and the possibility that 619Cloud will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse Of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time (outside of reserved CPU), network capacity, disk IO or storage space.
Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a 619Cloud server.
Access To Other Computers Or Networks Without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities Viewed As Illegal Or Harmful: 619Cloud and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. 619Clouds’ services may not be used to facilitate infringement of these laws in any way. Engaging in illegal activities or engaging in activities harmful to the operations of 619Cloud or other 619Cloud clients.
Providing False Data On Any Contract, Application, Or Form: including fraudulent use of credit card numbers.
619Cloud does not prohibit the use of distributed, peer to peer network services such as Tor, nor does 619Cloud routinely monitor the network communications of client solutions as a normal business practice. However, clients are responsible for the contents of network traffic exiting their solutions. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Account Cancellation Or Suspension
619Cloud may cancel or suspend your access to services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rated basis the amount of your payment corresponding to the portion of your service remaining before we terminated your service.
You may terminate service at any time by following the instructions in the client portal. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service. Cancellation of the service by you will not alter your obligations to pay all charges, including, but not limited to a pro-rated monthly amount, due to 619Cloud at the time of cancellation.
Charges And Billing
You agree that 619Cloud shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing its services or as needed for prepayments, for any setup-up fees, any applicable sales taxes, and any other charges you may incur in connection with your use of 619Cloud services. The monthly subscription fee is billed automatically and in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your solution. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th. Payment is due upon invoicing. Service may be interrupted/paused on accounts that reach 5 (five) days past invoice due. If we have to interrupt/pause any cloud servers due to non-payment a fee of $15 per cloud server will be assessed to bring each server back up and online. If an account goes beyond 15 (fifteen) days of invoice non-payment it is at our discretion to completely delete cloud servers and any backups associated with the servers in the account. Once a cloud server has been deleted due to non-payment, it will have to be built from scratch and would incur standard setup fees. Accounts that are unable to be collected by 619Cloud, may be turned over to an outside collection agency for collection.
619Cloud is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by 619Cloud. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, including but not limited to monthly subscription and setup-fees, but will notify you in advance of any increases.
Every 619Cloud solution has a predefined monthly bandwidth limit. If you go over your allocated monthly bandwidth limit in any given month, the overage charge is .32 (thirty-two cents) per GB over, billed on the normal billing cycle due date.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
Support Boundaries
619Cloud provides 24x7x365 support to our clients via our client portal support ticket system and e-mail. 619Cloud does not provide support to clients customers, we only provide support directly to our first tier clients.
IP Address Allocation
619Cloud assigns clients an Internet Protocol address for clients use, the right to use that Internet Protocol address shall belong only to 619Cloud, and clients shall have no right to use that Internet Protocol address except as permitted by 619Cloud in its sole discretion in connection with the service, during the term of this agreement. Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 619CLOUD SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE 619CLOUD SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO 619CLOUD SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF 619CLOUD AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE 619CLOUD SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
Exclusions And Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
Disclosure To Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, clients agree that 619Cloud may disclose any and all client information including assigned IP addresses, account history, account use, etc. to any court who sends us a valid court order, without further consent or notification to the client. In addition, 619Cloud shall have the right to terminate all service set forth in this agreement.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to these Terms of Service.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF 619CLOUD SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY 619CLOUD ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTEES APPLIED.
Indemnity
You agree to defend, indemnify and hold harmless 619Cloud, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the 619Cloud services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this agreement and your use of the 619Cloud services.
Notice
You agree that 619Cloud may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on 619Cloud services and sites.
General Information
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and 619Cloud and govern your use of 619Cloud services, superseding any prior agreements between you and 619Cloud for the use of 619Cloud services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 619Cloud services, affiliate services, third-party content or third-party software.
The Terms of Service and the relationship between you and 619Cloud shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and 619Cloud agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.
Waiver and Severability of Terms. The failure of 619Cloud to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 619Cloud services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
