Terms & ConditionsJune 25, 2020 2020-06-25 11:12
Terms & Conditions
Service Terms & Conditions
The Service Terms below govern your use of the Services. Capitalized terms used in these Service Terms but not defined below are defined in the CIBERBUY Customer Agreement or other agreement with us governing your use of the Services (the “Agreement”). For purposes of these Service Terms, “Your Content” includes any “Company Content” and any “Customer Content,” and “CIBERBUY Content” includes “CIBERBUY Properties.”
1. Universal Service Terms (Applicable to All Services)
1.1. You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.
1.2. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.3. In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law.
1.4. You will ensure that all information you provide to us via the Website (e.g., information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
1.5. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and CIBERBUY Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.6. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.
1.7. Only the applicable CIBERBUY Contracting Party (as defined in the CIBERBUY Customer Agreement) will have obligations with respect to each CIBERBUY account, and no other CIBERBUY Contracting Party has any obligation with respect to such account. The CIBERBUY Contracting Party for an account may change as described in the Agreement. Invoices for each account will reflect the CIBERBUY Contracting Party that is responsible for that account during the applicable billing period.
If, as of the time of a change of the CIBERBUY Contracting Party responsible for your account, you have made an up-front payment for any Services under such account, then the CIBERBUY Contracting Party you paid such up-front payment to may remain the CIBERBUY Contracting Party for the applicable account only with respect to the Services related to such up-front payment.
1.8. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
1.9. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
1.10. If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service credit equal to any charged amounts for such period.
1.11. If you are a customer that is subject to the French Politique générale de sécurité des systems d’information de santé (PGSSI-S), you agree that your use of the Services complies with the PGSSI-S.
1.12. Following closure of your CIBERBUY account, we will delete Your Content in accordance with the Documentation.
2. Betas and Previews
2.1. This Section describes the additional terms and conditions under which you may (a) access and use certain features, technologies, and services made available to you by CIBERBUY that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”, and any related CIBERBUY Content (each, a “Beta Service”) or (b) access and use Services and any related CIBERBUY Content available in CIBERBUY regions that are not generally available, including, but not limited to, any CIBERBUY regions identified by CIBERBUY as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”).
2.2. You must comply with all terms related to any Beta Service or Beta Region as posted on the CIBERBUY Site or otherwise made available to you. CIBERBUY may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services or Beta Regions at any time. Service Level Agreements do not apply to Beta Services or Beta Regions.
2.3. You may provide CIBERBUY with information relating to your access, use, testing, or evaluation of Beta Services or Beta Regions, including observations or information regarding the performance, features, and functionality of Beta Services or Beta Regions (“Test Observations”). CIBERBUY will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service or Beta Region.
2.4. CIBERBUY may suspend or terminate your access to or use of any Beta Service or Beta Region at any time. Your access to and use of each Beta Service and Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Beta Region or upon notice of termination by CIBERBUY. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service or Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Beta Region, and (b) Your Content used in the applicable Beta Service or Beta Region may be deleted or inaccessible.2.5. Test Observations, Suggestions concerning a Beta Service or Beta Region, and any other information about or involving (including the existence of) any Beta Service or Beta Region are considered CIBERBUY Confidential Information.
2.6. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES AND BETA REGIONS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, CIBERBUY IS PROVIDING BETA SERVICES AND BETA REGIONS TO YOU “AS IS.” CIBERBUY AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES AND BETA REGIONS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES AND BETA REGIONS WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CIBERBUY AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CIBERBUY’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES AND BETA REGIONS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
3. Content Delivery Network (CDN)
3.1 You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with CIBERBUY’S Content Delivery Network. You are solely responsible for the renewal cost of any SSL certificates, including any disclosure of your SSL certificates to third parties.
4. Domain Management
4.1. You may not transfer a domain that you do not own or have authority over.
4.2. All Domain Name System (DNS) records (other than Private DNS records) used in connection with CIBERBUY will be publicly available, and CIBERBUY will have no liability for disclosure of those DNS records.
4.3. Domain name registration services are provided under the CIBERBUY Domain Name Registration Agreement.
5. Email Hosting: Fast Email Service (FES)
5.1. Like many email service providers, to increase the security and reliability of email you send, attempt to send, or receive using FES (“FES Email”), we (or our third-party providers) may store and scan your FES Email and Your Content included in FES Email to protect you and FES by preventing and blocking “spam” e-mails, viruses and spyware, and other harmful or unwanted items from being sent and received over FES.
5.2. We may suspend or terminate your access to FES, or block or decline to send or receive any FES Email, if we determine that:
5.2.1. our scan of FES Email or Your Content included in FES Email reveals abusive or low quality email (such as “spam”),
5.2.2. FES Email bounces back to us or we receive abuse complaints (including complaints from third parties) in connection with your FES Email
5.3. If your FES Emails are blocked, delayed, or prevented from delivery by reasons outside of our control, your payment obligations continue.
5.4. CIBERBUY is not the “sender” as defined in the CAN-SPAM Act or similar applicable law.
6. Cloud Hosting Service
6.1. You authorize CIBERBUY to manage, create, develop and deploy any existing or testing services on your shared cloud hosting package.
7. Website and Application Development
7.1. Your Content: When you send content to CIBERBUY, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you send a photo, you give us the right to save it and display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.
7.2. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. Users Content includes without limitation content you post to the sites (including scheduling pages) you use the Services to create or publish (“Your Sites”).
7.3. Your License To Us. When you provide User Content via the Services, you grant CIBERBUY (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
7.4. Your Responsibilities: You’re responsible for the content you send to CIBERBUY, and you vouch to us that it’s all okay to use. Please follow our rules and don’t do anything illegal with the services. Also keep in mind that what you send may be publicly viewable.
7.5. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
7.5.1. Follow The Law. You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
7.5.2. Share Responsibly. The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.
7.6. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
7.7. We provide you with complimentary Web and App development when selecting a Cloud Hosting package. You are only eligible for an complimentary development service by choosing a cloud hosting package.
8. Bulk SMS Messaging Service
8.1. Bulk SMS Messaging is provided by a third party, an affiliate of CIBERBUY, and not CIBERBUY, but is otherwise subject to the terms of the Agreement.
8.2. Fees for Bulk SMS will apply regardless of whether delivery of your notifications is prevented, delayed, or blocked due to reasons outside of our control.
8.3. You may not use Bulk SMS Service to send SMS messages that include Premium Content (as defined in the Mobile Marketing Association Guidelines). You must advise recipients receiving SMSes that telecommunications providers may charge the recipient to respond.
You must obtain our prior written consent before using Bulk SMS to send SMS messages for:
8.3.1. financial transactions or payment services (e.g., mobile banking, bill presentment, bill payment, money transfer, peer-to-peer payment or lending credit, debit or stored value payment services);
8.3.2. charitable programs (e.g., soliciting donations for a non-profit organization);
8.3.3. sweepstakes or contests;
8.3.4. advertisements or promotions for commercial products, goods, or services; or
8.3.5. location-based services (e.g., where a recipient receives messages based on the geographical location of the recipient’s wireless device).
8.4. We may change, discontinue, or deprecate support for a third party SMS notification platform at any time.
8.5. Through your use Bulk SMS you will not:
8.5.1. Transmit any material that contains viruses, Trojan horses, worms, or any other malicious or harmful programs.
8.5.2. Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points, such as Police or ER services.
8.5.3. Materially violate or facilitate the material violation of any local or foreign law, rule, regulation, or order, including laws regarding the transmission of data or software.
8.5.4. Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as ID Numbers)
8.5.5. Resell, sublicense, or timeshare the Services, or use them on behalf of anonymous or other third parties.
8.5.6. Use the Services in hazardous environments (such as operation of nuclear facilities, aircraft navigation, or any other use that may result in foreseeable risk of injury, death, or destruction of property).