Terms of Service
Last updated: 12th October 2011
This Agreement represents the complete agreement and understanding between Bucan Holdings Pty LTD trading as "BitCloud" and our customers, resellers and other users (each, a "Customer").
By using these services, Customer agrees to be bound by the terms and conditions; Customer agrees to indemnify and hold harmless BitCloud from any loss, liability, claim, damage and expense arising from or related to Customer's content or use of any services provided by BitCloud. If Customer is not satisfied with these terms and conditions then Customer must discontinue use of our hosting services.
BitCloud may revise these terms and conditions from time to time by posting a new version of this document on our website. Any new version of these terms will be effective within 30 days of posting. As such, users should consult this document on a regular basis to ensure that they are familiar with the most recent version.
BitCloud requires that all agreements be signed and all payments thereunder be made by a person who is qualified to contract. Accordingly, subscribers must be over the age of eighteen (18) years. BitCloud cannot enter into contracts nor accept payments from persons who are not at least 18 years of age.
BitCloud expressly disclaims all warranties of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by Customer from BitCloud, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
BitCloud does not tolerate SPAM. If Customer uses spam, unsolicited emails or message board posting, or any other similar method to promote anything , then we reserve the right to immediately suspend Customer's access to our services.
BitCloud reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or BitCloud's services.
Customer specifically agrees not to use BitCloud's service in any manner that is or may be construed as illegal, libelous, or in violation of any policy of BitCloud or in breach of any of the terms and conditions of this Agreement. Transmission or publication of any information, data or material in violation of any federal or state/provincial regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade mark, trade secret, patent, statutory common law, other statute, or proprietary interest of others, or material that contains anything libelous, or any threatening or obscene material. BitCloud reserves the right to remove any and all materials which, in BitCloud's determination, infringe these restrictions. Such materials will be removed at any time without notice upon BitCloud receiving a complaint and or notice of copyright infringement.
Customer is solely responsible for securing Customer's password and other access details. Customer is solely responsible for changing Customer's password as required to assure secure access to Customer's account. Customer is responsible for any misuse of Services, even if the misuse was committed by a friend, family member, guest, employee or customer with access to Customer's Account or Services, regardless of whether it was with or without Customer's consent.
BitCloud reserves the right to refuse or discontinue service to anyone at our sole discretion upon 30 days written notice. Customer's access to all or part of our services may be denied without notice if BitCloud believes such action is warranted.
Unless Customer selects the 'unmanaged' option for a specific server, BitCloud will require Administrator access to all servers in order to carry out our security, licensing and management functionalities. If Customer disables or otherwise blocks this access, they are no longer eligible for SLA credits or server management.
Customer understands that no intellectual property rights are assigned to Customer in the use of a service provided by BitCloud unless otherwise specifically contracted.
Likewise none of Customer's intellectual property rights are assigned to BitCloud via the use of a service provided by BitCloud unless otherwise specifically contracted.
The Account cannot be transferred, sold or assigned to any third party or used by anyone other than Customer. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Agreement.
All invoices must be paid within 14 days. Customers who fail to pay their invoices before the due date are not entitled to SLA credits. BitCloud reserves the right to suspend services of customers who fail to pay invoices within 28 days of issue. A $55 administration fee will apply to any services that require unsuspension.
Deposits or pre-payments for services are binding, refunds can only be requested if BitCloud fails to provide the agreed service. It is the responsibility of the Customer to ensure the services ordered fit the Customer needs.
BitCloud provides Customer with access to information and communications technology resources. Customer warrants that they have the knowledge and expertise necessary to configure, maintain, and secure their server. Unless Customer selects a management plan, BitCloud's responsibility is limited to providing access to resources contracted by the customer and through online control panel and shell access. BitCloud takes no responsibility whatsoever in regards to the performance or function of the software within each server instance, even if it is pre-installed by us.
Customer acknowledge that if Customer does not wish to continue with the service, it is Customer's responsibility to request cancellation of the service. Cancellation requests must be made in writing and submitted by fax or email to the contacts listed below at least 7 days before the required cancellation date.