If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.
USE OR CONTINUED USE OF THE SERVICES, IMPLICITLY BINDS YOU TO THE TERMS OF THE AGREEMENT OR ITS MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, IMMEDIATELY DISCONTINUE USE OF THESE SERVICES.
PoweredBy.Cloud (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated Services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the PoweredBy.Cloud website, your sole remedy is to discontinue use of the Services. You use the Services of PoweredBy.Cloud at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
Free Services are available to anyone over the age of 16 or the legal age of consent in your country of residence. If you are under 16 years of age, then do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
Paid Services are available to anyone over the age of 18.
Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
Which means: You need to be at least 16 years old to use PoweredBy.Cloud.
When you publish text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as “Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.
You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.
Which means: If you created it, it’s yours. If any piece of it was created by someone else, you swear you have their permission to possess and utilize it for your own use or share it. We don’t claim we own any Content.
To enable PoweredBy.Cloud to provide the Services, it is necessary for you to hereby grant PoweredBy.Cloud a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to cache, use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.
Which means: You give us permission to make our Services work, such as serving your Content, caching it on our servers, making backups, etc.
You control your Content through your account and/or cookies which may be placed on your computer or other devices.
You are responsible for any costs associated with your Content and use of the PoweredBy.Cloud Services.
You are solely responsible for your Content and your interactions with recipients of your Content and other users of the Services.
When you allow other users access to your Content, you, not PoweredBy.Cloud, are responsible for what others do with it.
You agree, while using PoweredBy.Cloud Services, that you may not:
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United States laws regarding the transmission of data.
Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources and that PoweredBy.Cloud is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that if you are exposed to Content that is inaccurate, offensive, indecent, or objectionable, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PoweredBy.Cloud with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless PoweredBy.Cloud, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.
Which means: Play Nice. You are solely responsible for everything you do with our Services.
To access or benefit from the Services or features of PoweredBy.Cloud, as a Content Publisher, you will have to create a PoweredBy.Cloud account. (Recipients of Content do not have to have a PoweredBy.Cloud account.) You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your PoweredBy.Cloud account from a trusted network. Although PoweredBy.Cloud will not be liable for any losses you might suffer, you may be liable for the losses of PoweredBy.Cloud or others.
Which means: We provide tools for security, like two-factor authentication, but you are ultimatly responsible for securing your username, password, and other credentials.
PoweredBy.Cloud does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, cached on or distributed through the Services and PoweredBy.Cloud expressly disclaims any and all liability in connection with Content. Content is yours, not ours.
Content delivered through the Services may contain links to external sites; however, PoweredBy.Cloud is not responsible for any availability of or the content on or through any external site.
PoweredBy.Cloud may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
When PoweredBy.Cloud removes or disables Content for policy violations, the account is terminated and the user is notified. PoweredBy.Cloud reserves the right to determine what is harmful to its users, operations, or reputation including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted to Abuse Report. Each complaint will be investigated and appropriate action will be taken.
Which means: We try to prevent fraud, spam, malware, etc. but you are ultimately responsible for any content you publish through our Services. If we are alerted to abuse, fraud, spam, malware, we will be very unhappy and take appropriate action.
PoweredBy.Cloud will never delete or remove content from your Cloud Storage Provider (collectively including Box, Dropbox, Google Drive, Mediafire, GitHub and Microsoft OneDrive).
Which means: We only read from your PoweredBy.Cloud folder, we never delete anything or access anything outside of it.
Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own) or to use any PoweredBy.Cloud trademark, logo, domain name (or any derivative thereof) except as provided by PoweredBy.Cloud, branding or features.
Which means: Just because you use our Services, doesn't mean you own them.
If your copyrighted or trademarked works are being distributed through the Services without your permission, please submit to Abuse Report. Claims will be processed in accordance with United States law.
Which means: If you see something illegal, tell us about it and we'll take the appropriate action.
Premium Services (“Subscription”) require you to pay a fee, which is described in greater detail below. You agree to pay all fees and charges you incur, in US dollars with a major credit card accepted by PoweredBy.Cloud. Subscription fees are non-refundable except as expressly set forth below. You hereby authorize us to charge your credit card to pay for the ongoing cost of Subscription. Payment for the appropriate Subscription and/or Services will be made by automatic charges to your credit card. Upon its expiration, your Subscription will be automatically renewed for a term (1) equal to the original subscription term or (2) in accordance with the terms of a special subscription offer (“Promotion”), and continually renewed for equal terms thereafter, unless you terminate your Subscription. You acknowledge and agree that the authorization to charge your credit card for our Subscriptions shall automatically transfer to any successors or assigns of the Services.
Which means: If you get a subscription, you will be charged! If you want to cancel, you can.
There is no minimum file size for transfers, however files that are measured in a few bytes may be subject to a minimum usage fee. For example, if you serve, 50,000 copies of a 1 byte file you may be charged for 1GB of transfer because of service minimums for volume. If you are concerned about this policy or think you may be subject to it, please contact us.
Which means: Instead of charging you for each transfer, we just set a transfer per GB floor to prevent abuse.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POWEREDBY.CLOUD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER POWEREDBY.CLOUD NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER POWEREDBY.CLOUD NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES OR CONTENT.
NEITHER POWEREDBY.CLOUD NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. POWEREDBY.CLOUD IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
FOR CLARITY, POWEREDBY.CLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION CACHED OR STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. POWEREDBY.CLOUD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISING, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR CONTENT, AND POWEREDBY.CLOUD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
Which means: This is standard contract language. Our Internet Services are great but nothing is perfect and we’re not responsible if something goes wrong.
NEITHER POWEREDBY.CLOUD NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POWEREDBY.CLOUD'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POWEREDBY.CLOUD AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, POWEREDBY.CLOUD AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
The Services are controlled and offered by PoweredBy.Cloud from its facilities in the United States of America. PoweredBy.Cloud makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Content and Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Which means: This is standard contract language. Our Internet Services are great but nothing is perfect and we’re not responsible if something goes wrong.
You agree to indemnify, defend and hold PoweredBy.Cloud and its affiliates, and both PoweredBy.Cloud and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any PoweredBy.Cloud party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. PoweredBy.Cloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PoweredBy.Cloud's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Which means: If we get in trouble because of something you did or should have done, you will defend us and take responsobility.
The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by PoweredBy.Cloud without restriction.
The Agreement shall be construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and PoweredBy.Cloud each irrevocably consent to the personal jurisdiction of the federal or state courts located in San Francisco, CA ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such an action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
YOU AND POWEREDBY.CLOUD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Which means: This is standard contract language. All disagreements will be heard in California, USA within one year.
Please submit reports of any violations to Abuse Report.