No Sweat Cloud ("No Sweat Cloud", “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of No Sweat Cloud's service constitutes acceptance and agreement to No Sweat Cloud's Terms of Service. No Sweat Cloud reserves the right to modify the Terms of Service with one month's notice for normal updates and immediate notice for urgent changes (as it is published).
Service Usage
You are welcome to utilize our services, as long as you are legally eligible to enter into a binding agreement and are not prohibited by the laws of the European Union, United States or other applicable jurisdictions from receiving such services. To access our services, you must provide accurate and up-to-date identification, contact, and other necessary information during the registration process. Maintaining the confidentiality of your account details and being responsible for all activities occurring under your account are your obligations. You are solely accountable for all the content associated with your account. Should you become aware of any unauthorized use of your account or any security breaches, you agree to promptly inform No Sweat Cloud. Please note that No Sweat Cloud cannot be held liable for any losses or damages resulting from your failure to provide accurate information or ensure the security of your account.
During the initial three-month period, you will have the opportunity to enjoy our services free of charge. This trial period is designed to allow you to explore and evaluate the features and functionality of services without any financial commitment. Throughout this trial period, you will have access to the full range of services offered by our platform, enabling you to make an informed decision about the value and suitability of our offerings for your needs. Please note that no payment will be required during the trial period.
Once the trial period concludes and you decide to continue using our services, we will initiate the billing process. The first paid month of service will be invoiced on the first day of the subsequent month. This invoice will accurately reflect the amount consumed for the services provided during the previous month. Our billing system operates on a post-payment basis, meaning that you will be billed for the services you have already utilized. As a result, you are not required to make any upfront payments. Please be aware that once the invoice is generated, payment for the designated amount will be due.
These provisions ensure that you have ample time to evaluate our services during the free trial period before deciding to engage in a paid subscription. Additionally, our billing practices ensure transparency and accuracy by invoicing you at the beginning of the following month for the services already consumed in the previous month.
Acceptable Behavior
You are held responsible for the actions of all users utilizing your account and any data generated, stored, displayed, or transmitted through your account while using No Sweat Cloud. It is strictly prohibited to engage in activities that disrupt or interfere with the services or networks associated with No Sweat Cloud.
Prohibited Usage
By agreeing to these terms, you acknowledge that the following activities are considered prohibited and will result in immediate suspension or cancellation of your account without a refund. In addition, No Sweat Cloud reserves the right to impose fees and/or pursue legal remedies without prior notice.
Misuse of System Resources: Deliberately misusing system resources, which includes employing programs that excessively consume network capacity, CPU cycles, or disk IO.
Unauthorized Access to Computers or Networks: Attempting to gain unauthorized and/or illegal access to computers, networks, or accounts that do not belong to you. This also includes any actions that interfere with another user's or network's services or any acts aimed at circumventing security measures.
Lawful Usage Requirement: No Sweat Cloud and its services may only be used for lawful purposes. Transmitting, distributing, or storing any information, data, or material that violates European, United States or state regulations or laws, or infringes upon common law, is strictly prohibited. This encompasses materials protected by copyright, trademark, trade secret, or other intellectual property rights. The use of No Sweat Cloud's services to facilitate any form of infringement of these laws is strictly prohibited.
Illegal or Harmful Activities: Engaging in illegal activities or activities that harm the operations of No Sweat Cloud or its customers is strictly prohibited.
Submission of False Information: Providing false data on any contract or application, including fraudulent use of credit card numbers, is strictly prohibited.
Invoicing And Payment
You agree that No Sweat Cloud shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by No Sweat Cloud may be turned over to an outside collection agency for collection.
Subscriber is aware that No Sweat Cloud may prospectively change the specified rates and charges from time to time.
No Sweat Cloud is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by No Sweat Cloud. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
Server Provider Fees
You agree that No Sweat Cloud is not responsible for any additional fees charged to your credit card by third-party server providers such as DigitalOcean, Linode, Amazon, Vultr, or Hetzner.
Support Boundaries
No Sweat Cloud, provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: No Sweat Cloud provides support related to your No Sweat Cloud created virtual server physically functioning. No Sweat Cloud does not offer technical support for application specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. No Sweat Cloud does not provide technical support to your customers.
Account Cancellation Or Suspension
No Sweat Cloud reserves the right to suspend network access to any customer if, in the judgment of the No Sweat Cloud network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which No Sweat Cloud chooses. No Sweat Cloud will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. No Sweat Cloud reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for No Sweat Cloud to cancel a customer's service without cause, No Sweat Cloud will provide 10 days advance notice.
You may cancel the service at any time by using the "Cancel Subscription" link located on the "My Account" sub-tab of the No Sweat Cloud web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Disclosure To Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that No Sweat Cloud may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, No Sweat Cloud shall have the right to terminate all service set forth in this Agreement.
Server Security
Subscriber is solely responsible for maintaining the security of Subscriber's servers that are created via the No Sweat Cloud service. No Sweat Cloud shall have no liability for any security breaches or data breaches of Subscriber's servers, even if those servers were initially created and provisioned by No Sweat Cloud. No Sweat Cloud does not guarantee the security of any of Subscriber's servers, even if those servers were initially created and provisioned by No Sweat Cloud.
Backup
Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the “Data”). Even with respect to Data as to which Subscriber contracts for backup services provided by No Sweat Cloud, No Sweat Cloud shall have no responsibility to preserve Data. No Sweat Cloud shall have no liability for any Data that may be lost.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF No Sweat Cloud HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT No Sweat Cloud WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST No Sweat Cloud ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF No Sweat Cloud’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Indemnification
No Sweat Cloud wants to emphasize that by accepting the No Sweat Cloud Terms of Service, customers agree to indemnify No Sweat Cloud in the event of any violation of the Terms of Service that results in loss to No Sweat Cloud or the filing of any claim against No Sweat Cloud by a third party. This means that if No Sweat Cloud faces a lawsuit due to the activities of a customer or a customer's customer, the customer is responsible for paying any damages awarded against No Sweat Cloud, as well as all associated costs and reasonable attorney's fees.
Notification
You acknowledge that No Sweat Cloud may provide you with notifications, including those regarding changes to the Terms of Service, through email, regular mail, or postings on No Sweat Cloud services.
Entire Agreement
The Terms of Service (including any policies, guidelines, or amendments that may be presented to you from time to time) constitute the complete agreement between you and No Sweat Cloud, governing your use of No Sweat Cloud services. These terms supersede any prior agreements between you and No Sweat Cloud regarding the use of No Sweat Cloud services.
Choice of Law and Jurisdiction
The Terms of Service and the relationship between you and No Sweat Cloud shall be governed by the laws of the European Union, without regard to its conflict of law provisions. You and No Sweat Cloud agree to submit to the personal and exclusive jurisdiction of the courts located within the European Union.
Waiver and Severability of Terms
The failure of No Sweat Cloud to exercise or enforce any right or provision in 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 agree that the court should try to uphold the parties' intentions as reflected in the provision, and the remaining provisions of the Terms of Service shall remain in full force and effect.
Statute of Limitations
Regardless of any contrary statute or law, you agree that any claim or cause of action arising from the use of No Sweat Cloud services or related to the Terms of Service must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.