(1) Uncloud Storage® Platform Usage Restrictions

(a) Uncloud Storage® may, without liability of any kind, temporarily limit the number of web requests that you can make to the Uncloud Storage® Platform, for any reason (in it’s sole reasonable discretion), including without limitation, if processing the web requests in question will disproportionately impact the health, availability, and/or security of the Uncloud Storage® Platform. We generally will provide advance notice of any corrective actions that we must take, however, we reserve the right to take corrective actions without notice.

(b) Data stored on the Uncloud Storage® Platform that we have reason to believe is illegal, harmful, or is in violation of part 2(a) of this agreement will be removed. Use of the Uncloud Storage® Platform for illegal activity, or harmful content will result in termination of all Uncloud Storage® services, without the right to a refund. We cooperate fully with all federal, state, and local law enforcement agencies. We are not liable to any business disruption caused by the lawful search and seizure of stored business data. We generally will provide advance notice of any corrective actions that we must take, however, we reserve the right to take corrective actions without notice.

(c) For the purposes of this agreement, illegal activity or harmful content includes but is not limited to: content containing, promoting, or facilitating human trafficking, sexual abuse, or child sexual abuse material; content involving infringement of the intellectual property rights of another entity, or other violations of the Digital Millennium Copyright Act; content that discloses sensitive personal information, incites or exploits violence. and/or is intended to defraud and/or deceive the public; or content that is in violation of part (2)(c) of this agreement.

(d) For the safety and security of the Uncloud Storage® platform, account sharing is strictly prohibited, and will result in termination of all Uncloud Storage® Platform services without the right to a refund.

(e) Uncloud Storage® is only for users 18 years of age and older. If we become aware that a user under the age of 18 has an Uncloud Storage® Account, it will be immediately terminated without the right to a refund.

(f) With regards to the physical rental of Uncloud Storage® owned hardware, if the hardware is not returned in 30 days, or unless a long term use agreement is established, Uncloud Storage reserves the right to bill your account the full value of the rented hardware. We also reserve the right to terminate your account without the right to a refund, if we have reason to believe that our physical rental hardware has been stolen, or is unlikely to be returned in good-working condition.

(2) The Responsibilities of Uncloud Storage® Customers

(a) As an Uncloud Storage® Customer, you acknowledge that you are solely responsible for the content and use of the files you upload to Uncloud Storage®, and you assume all risks associated with the files, including intellectual property or other legal claims. By storing files with Uncloud Storage®, you represent that you have all necessary rights to store and use the material in question, and that doing so does not conflict with, violate or misappropriate any third party legal rights, conflict with licenses you've granted to others, violate any applicable law or regulations, or violate any of the terms in this agreement including any applicable Uncloud Storage® policies.

(b) Uncloud Storage® cannot be held liable for use of our platform that is not in accordance with industry standard data protection principles, where the aforementioned non standard use results in lost revenue and/or lost business data. Industry standard data protection principles include but are not limited to, user initiated backups of user data to the Uncloud® Private Cloud, or updating stored user data in the Uncloud® File Manager.

(c) You represent and warrant that your business data is free from any viruses, malware, adware, crypto-mining software, or other malicious code, that could result in impacts to the health, availability, and/or security of the Uncloud Storage® Platform.

(d) You acknowledge that after you subscribe to the Uncloud Storage® Platform, the aforementioned service is nonrefundable.

(e) You acknowledge that you can cancel your subscription at any time, and that your account will remain active until the end of the current paid billing period.

(f) You understand that Uncloud Storage® has no obligation to keep business data that you uploaded to the Uncloud Storage® Platform after your account is terminated.

(g) You agree to indemnify, defend, and hold harmless Uncloud Storage® from and against all liabilities, damages, costs, and reasonable legal fees with any claim by a third party against Uncloud Storage® regarding business data stored in your account on our cloud, and/or your use of the Uncloud Storage® Platform in violation of this agreement.

(3) Uncloud Storage® Copyright and Intellectual Property Policy

(a) Uncloud Storage® is fully compliant with the Digital Millennium Copyright Act, and we will act expeditiously if we receive a valid DMCA copyright violation notice. The DMCA imposes legally binding penalties for the creation of bad faith violation notices. If you are unsure on your rights and status as an intellectual property holder, contact an attorney before submitting a copyright violation notice.

(b) Uncloud Storage® will respond to a valid DMCA copyright violation notice by promptly restricting access to the allegedly infringing data. We will also attempt to get in contact with the account holder, to provide information about the DMCA notice, and provide steps to respond by filing a counter-notice.

(c) If Uncloud Storage® receives a valid DMCA counter-notice, it will be promptly forwarded to the original claimant. If we are not informed that the original claimant is seeking a court order to prevent further infringement of the material, we may de-restrict access to the allegedly infringing data, however, Uncloud Storage® reserves the right to terminate all Uncloud Storage® Platform services, for suspected DMCA infringers, without the right to a refund.

(d) Submit valid DMCA Copyright/Takedown Notices to copyright@uncloudstorage.com

(4) Uncloud Storage® Platform Disclaimers

(a) The Uncloud Storage® Platform is provided, “as is”, without warranties, express or implied.

(b) Except in jurisdictions where otherwise prohibited by law, Uncloud Storage® disclaims all warranties, conditions of merchantability, or fitness for a particular purpose.

(5) Uncloud Storage® Limitation Of Liability

(a) Except in jurisdictions where otherwise prohibited by law, Uncloud Storage® shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, inability to access, or inability to use Uncloud Storage®; (b) any third party conduct or content on Uncloud Storage®, including any defamatory, offensive, or illegal conduct of third parties; or (c) any unauthorized access, use, or alteration of your content.

(b) All actions, disputes, claims and controversies under common law, statutory law or inequity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the “Disputes”), will be subject to and resolved by binding arbitration pursuant to the Arbitration Rules of the arbitrator of our choice. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered.

(c) If Uncloud Storage® is deemed to be at fault for the loss of your data, our liability will be limited to a refund of your most recent payment.

(6) Terms of Use Modification

(a) This agreement may be modified, the most recent revision will be located at https://uncloudstorage.com/subscriber-terms If we make substantial revisions to this agreement, you will be notified accordingly.

(b) No waiver of any provision in this agreement shall be a continuing waiver of that provision. If any of the provisions of this agreement are held to be invalid, the other provisions shall remain in effect.