QUIC.cloud Website and Online Services
Effective Date: March 31, 2023
THESE TERMS DO NOT APPLY TO YOUR ACCESS AND USE OF THE QUIC.CLOUD SERVICES THAT ARE PROVIDED UNDER THE QUIC.CLOUD SELF-SERVE SERVICE AGREEMENT, OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND QUIC.CLOUD (IF APPLICABLE).
If there is a conflict between these Terms and additional terms applicable to a given Website or Online Service, the additional terms will control for that conflict.
USER AGREEMENT & ACCEPTANCE
By accessing our Website and using our Online Services, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations. By using our Website, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
If you are using our Website in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.
ACCOUNT REGISTRATION, VERIFICATION AND SAFETY
Our Website allows opening an account with certain functionalities to be indicated from time to time by us. You must provide accurate and complete information when opening your account with us, including all mandatory fields on the registration form, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.
If you lose or disclose your account credentials, you must promptly inform us, since you are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Please notify us immediately of any breach or unauthorized use of your account.
If you enter or use our Service as part of a legal entity, you hereby represent, warrant and covenant to QUIC.cloud that you have any and all necessary authorizations and powers by your company necessary for your account.
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age or the age of legal majority for your region; (ii) that you have not previously been suspended or removed from the Websites and Online Services and (iii) that your use of the Websites and Online Services is in compliance with any and all applicable laws and regulations.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
LICENSE GRANT TO QUIC.CLOUD
By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to any Website or Online Service, you are granting QUIC.cloud a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content, however, any use of your Content by QUIC.cloud may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
You hereby grant QUIC.cloud an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to QUIC.cloud regarding the Site and Online Services.
INFRINGEMENT AND ABUSE
QUIC.cloud is a pass-through network used to improve network performance, not a hosting provider and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Copyright holders or their agents concerned with material served through QUIC.cloud’s network should submit a notification of claimed copyright infringement or other abuse to firstname.lastname@example.org.
If you would prefer not to use e-mail, you may mail your complaint to:
QUIC Cloud Inc.
233 Mt. Airy Road, Suite 100
Basking Ridge, NJ 07920
Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.
Please bear in mind that unless you have requested us not to share your information when originally reporting the complaint to us, QUIC.cloud may provide copies of, or information from your notification or complaint to anyone we consider appropriate, including but not limited to the QUIC.cloud user whom the notification or complaint relates to, the QUIC.cloud user’s hosting provider, website operator and visitors of QUIC.cloud’s own website. Submit a QUIC.cloud support ticket or e-mail email@example.com for more information about how QUIC.cloud handles complaints.
TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES AND ONLINE SERVICES
We may at our sole discretion suspend or terminate your access to the Websites and/or Online Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Online Services at any time (including, without limitation, by limiting or discontinuing certain features of the Websites and/or Online Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Online Services or any suspension or termination of your access to or use of the Websites and/or Online Services.
The Websites and Online Services may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content nor do they constitute an endorsement by QUIC.cloud of the content of such websites. QUIC.cloud is not responsible for the content of any linked websites and makes no representations or warranties regarding the accuracy or completeness of the information contained on such websites. Your use of any linked websites is at your own risk.
OWNERSHIP; PROPRIETARY RIGHTS
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Online Services (the “Materials”) provided by QUIC.cloud are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Online Services are the property of QUIC.cloud or our third-party licensors. Except as expressly authorized by QUIC.cloud you may not make use of the Materials. QUIC.cloud reserves all rights to the Materials not granted expressly in these Terms.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in QUIC.cloud or our Services, in whole or in part.
QUIC.cloud encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Online Services.
Our Services do not currently incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums, but we reserve the right to implement them in the future. If we elect to activate said type of Online Services, then you or other users may be able to post user generated content (e.g. questions, messages) via our Website. We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you may provide to us via our Online Services. In such manner, each piece of content that you may send, upload, post or disseminate through the Website is intended for public review by other QUIC.cloud users and content that you share with us will result in such content being made publicly available for users in our Online Services.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the QUIC.cloud and our Online Services.
As a condition of your use of the Websites and Online Services, you will not use the Websites or Online Services for any purpose that is unlawful or prohibited by these Terms, including but not limiting to:
- Use the Websites or Online Services in any manner that could damage, disable, overburden, disrupt or impair any QUIC.cloud controlled servers or APIs, or any networks connected to any QUIC.cloud server or APIs, or that could interfere with any other party’s use and enjoyment of any Websites or Online Services.
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Online Services.
- Exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Online Services, including on any API calls, or otherwise use the Websites or Online Services in a manner that violates any QUIC.cloud documentation or user manuals.
- Attempt to gain unauthorized access to any Websites or Online Services, other accounts, computer systems, or networks connected to any QUIC.cloud server or to any of the Websites or Online Services through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Online Services.
- Use the Websites or Online Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent or sub-license content or materials from the Website without our authorization.
- Reproduce, duplicate or copy material from the Website without our authorization.
- Use any automated or manual process to obtain, copy, process, access and/or use our Website or Online Services or any part therefrom to capture unauthorized data or content, for any purpose.
- Undertake any action that will or may cause an unreasonable load on QUIC.cloud’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from QUIC.cloud.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the QUIC.cloud and our Services.
You agree that you will be responsible for your use of the Websites and Online Services, and you agree to defend, indemnify, and hold harmless QUIC.cloud and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “QUIC.cloud Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Online Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMERS; NO WARRANTIES
THE WEBSITES AND ONLINE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE QUIC.CLOUD ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND ONLINE SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND ONLINE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE QUIC.CLOUD ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND ONLINE SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
DISCLAIMER OF DAMAGES
IN NO EVENT WILL THE QUIC.CLOUD ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND ONLINE SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE QUIC.CLOUD ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION OF LIABILITY
If a user suffers loss or damage as a result of QUIC.cloud’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount paid to you by us for your use of the Online Services in the six month period immediately preceding the events giving rise to the claim.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
GOVERNING LAW, FORUM
These Terms will be governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and QUIC.cloud agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Sussex County, Delaware for the purpose of litigating all such disputes.
CHANGES TO THESE TERMS
QUIC.cloud reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Online Services.
The authoritative version of this document is available at: QUIC.cloud/terms. While translations of this document may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of the Service.
CHANGES TO THE SERVICES
QUIC.cloud reserves the right to modify these Terms at any time without notice to you. Any modifications will be effective immediately upon posting on our Website. As a general rule, we will try to not diminish the functionalities available to your Online Services, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms. Please refer to the last effective date where changes were last undertaken by us. Your use of our Online Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
Equitable Remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, QUIC.cloud will be irreparably damaged, and therefore you agree that QUIC.cloud shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. QUIC.cloud is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond QUIC.cloud’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Interpretation. In understanding or interpreting the terms of these Terms: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
No Relationship. You and QUIC.cloud are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
No Waiver. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
No Spam Policy. We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. In compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, we will not tolerate, and we will not allow others to undertake though our Online Services or Website, any and all massive delivery of unsolicited bulk communications to our users or to any third party.
Survival. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Section 2 and Sections 7 through 13.
User Eligibility. You acknowledge that the Websites and Online Services are not intended to be technology protection measures that will help you comply with the Children’s Online Privacy Protection Act (COPPA) or Children’s Internet Protection Act (CIPA).
You may contact us by sending correspondence to QUIC Cloud Inc., 233 Mt. Airy Road, Suite 100, Basking Ridge, NJ 07920 USA or by emailing us at firstname.lastname@example.org.
Note that communications made via email or the “Contact Us” page does not constitute legal notice to the QUIC.cloud’s legal entity.