Model No. 51-624 20 Rip
All Clients of CloudEnviron NAP, LLC (CNAP) agree to abide by the following acceptable use policies. Client is responsible for reviewing the AUP frequently to ensure compliance with the latest version of this AUP. Client’s continued use after changes are posted constitute Client’s acceptance of the modifications posted. Complaints about any Client’s violation of these AUPs should be sent to abuse@CloudEnviron.com.
These Acceptable Use Policies demonstrate what CNAP considers to be acceptable conduct when using its service and actions that CNAP may take, with or without notice, when the service is misused. These AUPs are drawn from applicable law and generally accepted Internet conduct standards and are used to ensure the protection of CNAP’s technical resources, ability to continue providing high quality service to Clients, and its reputation. Clients are expected to conform to the following AUPs:
Client’s use of the service is at Client’s own risk.
Client takes full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CNAP’s infrastructure.
Client is responsible for all use of its own account(s) and keeping all passwords safe and confidential, and setting file protections correctly.
If a password is lost, stolen, or otherwise compromised, CNAP will suspend access or change Client account access immediately following notification by Client.
CNAP is not responsible for any usage or charges prior to the notification and account alteration.
CNAP makes email as safe as it possibly can, but no computer network can ever be considered completely safe from intrusion. Knowing this and that all email may pass through many computer networks it should not be considered a secure communication unless encrypted, and even then it is only as secure as the encryption method used.
Non-Transferability of Account
The right to use CNAP’s accounts is expressly limited to the Client whose name appears on the SOF and is not transferrable.
The following types of conduct by Client are grounds for immediate suspension of service pending investigation by CNAP and may result in termination without refund for any and all accounts held by the Client (individual, corporation, or Website) found to be in violation. Client’s business relationships (referrers, associates, etc.) impacting CNAP are also Client’s responsibility, and client will make sure that they immediately cease non-compliant actions or Client discontinues its association with them. Continuing violations by Client's business relationships may result in CNAP, at its discretion, having to terminate the Client relationship without refund.
The following behaviors are unacceptable conduct:
Spamming or Harassment: Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate). Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
Engaging in either (A.) from a provider other than CloudEnviron NAP to draw attention to a Web site housed within CloudEnviron NAP’S networks or covered by CloudEnviron NAP’S agreement with Client.
Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by CloudEnviron NAP.
Email bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts. Likewise, the sending of UBE (unsolicited bulk email) from another service provider advertising a web site, email address or utilizing any resource hosted on CloudEnviron NAP's servers, is prohibited.
Impersonating another user or otherwise falsifying one's user name in E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.)
Intellectual property right infringement: Using any means to transmit, publish, submit, copy, reproduce, steal, infringe on or distribute any information, software or other material that is protected by copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any third party, including, but not limited to, the unauthorized use and/or copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, unless you own or control the rights thereto or have received all necessary consents to do the same.
Network Unfriendly or Illegal Activity
Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
Attempts to interfere with the regular workings of CloudEnviron NAP’S systems or network connections or which adversely affect the ability of other people or systems to use CloudEnviron NAP’S services or the Internet.
Any unauthorized attempts by a Client to gain access to any account not belonging to that Client on any of CloudEnviron NAP’S systems.
Any activity, which violates any local, state, U.S., or international law or regulation.
Repeated submissions of transactions to CloudEnviron NAP utilizing the same or similar IPs with varying identification information.
Export Control Violations
Exporting encryption software, over the Internet or otherwise, to locations outside of the U.S. is prohibited.
Violation of CloudEnviron Policy
Any attempt to bypass or remove CloudEnviron NAP’S name, logo, or customer support link from any page from CloudEnviron NAP’S servers.
The posting or display of any image or wording related to any Web site running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes.
Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous, or threatening.
Reproduction, storage, advertising, or transmission of any software, program, product, or service in violation of any local, state, U.S., or international law or regulation is prohibited. CloudEnviron NAP makes every attempt in such cases to work with both U.S. and foreign law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, federal, or international law.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database, located at www.spamhaus.org/rokso.
Compliance with Rules of Other Networks
Any access to other networks connected to CNAP’s Internet service must comply with the rules for that network as well as with CNAP’s rules.
CNAP reserves the right to monitor any and all communications through or with its facilities, as well as all Client’s sites, for compliance with this AUP and CNAP’s Terms and Conditions. CNAP is not a secure communication medium for purposes of the Electronic Communications Privacy Act, and no expectation of privacy is afforded. CNAP employees may be required to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
Cooperation with Authorities
CNAP cooperates with law enforcement and other authorities investigating claims of illegal activity, including without limit illegal transfer or availability of copyrighted material, trademarks, child pornography, postings, or email containing threats of violence, or other illegal activity.
Confidentiality of Personal Subscriber Information
CNAP will not release any Client or customer PII to any third party except upon presentation of a valid court order or other request CNAP is legally required to respond to. Client agrees that CNAP’s judgement of the validity of any court order, subpoena, or request shall be considered proper and final.
CloudEnviron holds user privacy paramount and takes great care keeping information of site users and Clients private and secure. CloudEnviron adheres to the EU - U. S. Privacy Shield Framework and the Swiss - U. S. Privacy Shield Framework as set forth by the U. S. Department of Commerce and the European Union (EU).
The following explains our policies and procedures surrounding collected data, describing the information we collect, how we use, disclose, and share Client data, and how we protect the information. This Privacy Agreement does not apply to Third Party Services governed by their own privacy policies.
Data is collected using the following methods:
The data may include information about users from forms, registrations, transactions, financial, site usage, preferences, and privileges and can include names, titles, contact information, and payment information.
Data that CNAP collects is or can be used for the following purposes:
Engaging in transactions for service. Name, address, email, purchase details, and payment information may be collected and stored as part of the transaction history. Some of this data may need to be shared with credit card clearing houses, banking institutions, and/or similar agents (an entity—person or company—acting on our behalf) requiring the information to complete the transaction.
CNAP will not transfer information to any of its agents without ascertaining that the Agent subscribes to Privacy Shield principles or is subject to the EU Directive on Data Protection (or other adequacy finding) or enters into a written agreement requiring at least the dame level of privacy protection as required by the relevant Privacy Shield principles.
Providing future marketing, service, and support. Contact data and product/service/support information is collected and used to provide Client with support, service, updates, and similar notices, as well as to tailor future products and offerings to Clients.
Selecting Content. Form data and site navigation data is collected and used to help create user friendly and easily navigable site content.
Responding to user inquiries and requests for information. Contact information is collected and used to provide online newsletters, opt-in mailing lists, and specific answers to Client requests for further information.
Responding to Law Enforcement, government officials, third party subpoenas, court orders, or applicable law, reporting or preventing suspected fraudulent or illegal activity while using CNAP services. CNAP will notify Client of information requests or submissions if and as allowed.
Contractors. Data is shared if it is necessary for them to perform duties on our behalf.
Affiliates. Shared data is subject to this PA.
Another Entity. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding we will transfer all collected data.
CNAP Communities (Resellers, sales representatives, et. al). Data is used to provide communities with relevant product alerts and updates related to product releases, prices, terms, special offers, and associated campaigns when a program member signs up to the relevant program or account as well as to follow up on Client requests for products or services.
To CNAP from public discussions and forums. Some parts of the site allow interactive discussions that CNAP does not control the content of, some of which are moderated, all of which are subject to access for technical reasons by CNAP. Due to the public nature of the forums, Client should consider any data posted and tailor content submitted accordingly.
Data sharing: We will not disclose any data collected by cookies served on our site with any third party entities.
Your choices and opting-out: We recognize how important your online privacy is to you, so we offer the following options for controlling how served cookies affect you:
You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon that typically appears in the corner of the ads we serve or by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device.
To opt out of receiving targeted ads that are based on your behavior across different mobile applications follow the below instructions, for iOS and Android devices;
iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”.
Opting out will not prevent you from seeing ads, but those ads will likely be less relevant because they won’t be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting.
New Clients are automatically registered for access to the Client Portal, which includes the ability to create, add, and delete users and privileges and opt in or out of some* services and/or mailing lists. The Client Portal allows you control over electronic information delivery, but not over CNAP’s collection and storage of information. A “Master Account” is provided to Clients, and that account has the ability to manage Client’s profile information as long as the account remains active.
*Clients cannot opt out of communications regarding downloads, sales transactions, software updates, patches, and fixes, legal disclosures, network upgrades, or other related maintenance.
To learn more about the Privacy Shield program, and to view CNAP's certification, please visit the https://www.privacyshield.gov page.
CNAP has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
CNAP uses commercially reasonable methods to keep collected data safe, including policies, procedures, employee training, physical access, and technical elements relating to data access controls. Standard security protocols and mechanisms are used to facilitate the exchange and transmission of sensitive data, like credit card details. Personally Identifiable Information (PII) is not processed in a way that is incompatible for the purposes it is collected for and authorized by the individual to be used for. CNAP will notify individuals affected due to actual or reasonably suspected breach by an unauthorized person in accordance with applicable law by email or Client Portal ticket, and, failing that, by regular mail promptly and consistent with the legitimate needs of law enforcement and measures necessary for CNAP or law enforcement to determine the scope of the breach and ensure/restore the integrity of the data system. Notification may be delayed if CNAP or a law enforcement agency determines that notification will impede a criminal investigation, in which case notification is not provided unless and until CNAP or the agency determines that the investigation will not be compromised by the investigation.
Internal mechanisms have been established to verify CNAP’s ongoing adherence to its privacy agreement, including Privacy Shield Principles. Individuals covered by this agreement are encouraged to raise any concerns about processing of personal information by contacting CNAP so that CNAP may seek to resolve any concerns. CNAP has agreed to participate in the Dispute Resolution Program provided by the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus.
If CNAP will be using Client PII in a manner that is different than provided in this agreement we will notify client by email. If changes are made that do not affect PII that we already have stored in our databases, we will notify Client by email or post changes in a prominent notice in the Client Portal.
This agreement is governed by the laws in the state of Arizona, Maricopa County, exclusive of any Arizona choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods is excluded in its entirety. The state or federal courts in Maricopa County, Arizona are the exclusive venue for any disputes arising from this agreement and neither party shall bring an action in any other venue. Client may not dispute personal jurisdiction or venue in these courts.
EXCEPT AS REQUIRED BY LAW, CNAP WILL NOT BE LIABLE TO CLIENT FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR SERVICES. IF CNAP IS FOUND TO BE LIABLE TO CLIENT FOR ANY DAMAGE OR LOSS ARISING UNDER OR IN CONNECTION WITH THE SERVICES, CNAP'S TOTAL CUMULATIVE LIABILITY TO CLIENT WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT FOR THE SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENTS GIVING RISE TO ITS LIABILITY.
In consideration of all of the benefits to the Client and with exception to anything contrary in the addendums to this document and/or the SOF, SOW, or RM, Client agrees to the following:
The Disclaimer of Warranties, Disclaimer of consequential damages, and limitations of liability in this and other provisions of this agreement and the allocation of risk are essential elements of the bargain between the parties and without this CNAP would not enter into the agreement. The pricing of the products and services reflects the allocation of risk and these limitations.
Limitations in this agreement apply to any and all claims and causes of action regardless of whether in contract, tort, strict liability, or other theory.
Client acknowledges that CNAP has set its prices and enters into this agreement by relying on the limitations of liability and disclaimers of warranties and damages listed in this agreement, making this an essential basis for the bargain between Client and CNAP. Client and CNAP both agree that the limitations and exclusions of liability and disclaimers of warranties and damages specified in this agreement will survive and apply even if they are found to have failed in their essential purpose.
Client agrees to indemnify, defend, and hold harmless CNAP and its parents, affiliates, licensors, and providers of third party services (as well as their directors, officers, employees, contractors, agents, successors, and assigns (the Parties) from and against any and all liability (including without limiting all attorneys' fees and costs), incurred by the Parties in connection with actual or alleged claims arising from any of the following:
CNAP is an ISP (Internet Service Provider) under the DMCA (Digital Millennium Copyright Act). Clients are expected to comply with the DMCA. CNAP follows the notification and takedown procedures set forth in the U.S.C 17 Section 512 DMCA and may block access to, or terminate any or all services provided under this agreement for repeat infringers.
Any credits issued to Client's account in accordance with the SLA may only be used as a credit toward future charges for services and may not be sold, converted to cash, or transferred. SLA credits expire on the termination or expiration of the agreement.
Neither Client nor CNAP is liable for failure or delay in performance under this agreement due to causes beyond their reasonable control, including without limitation acts of war or terrorism, acts of god, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, or failure of the Internet. The effected party should promptly notify the other party and use its best effort to correct any failure or delay under this provision.
This agreement is subject to updates and modifications. Updates are always posted at https://cloudenviron.com and Client's continued use of the services serves as Client acceptance of the updates and updates are in effect as soon as they are posted. Modifications of any terms must be approved in writing by CNAP.
Written notices for termination must be delivered by hand, mailed by registered or certified mail (return receipt requested, postage prepaid), or sent by overnight courier with proof of delivery (FedEx, UPS, etc.) to:
CloudEnviron C/O Legal Department Yunque 602 Electronic notification may be sent to email@example.com. Delivery date is notification date.
When necessary CNAP gives 10 days written notice and requires that Client execute, acknowledge, and deliver a statement in writing that may be relied upon by a prospective mortgagee, purchaser, or other similar encumbrance certifying all matters reasonably requested. If Client fails to execute and deliver the certificate, CNAP and the addressee of the certificate are entitled to rely on the information contained in the certificate that CNAP submitted to Client as true, correct, and complete and Client may not later deny, contradict, or take any position inconsistent with the information in the certificate.
The agreement may be executed in two or more counterparts and each will be considered an original, but together constitute the same instrument.
This agreement does not establish a relationship or partnership, joint venture, employment, franchise, or other agency between Client and CNAP except as CNAP and lessee. Neither Client nor CNAP has the power to bind the other or incur obligations on the other's behalf without the written consent of the other unless that power is specified in this agreement.
CNAP's official language is English and it does not provide translations into any other language of any services, support, notices, designations, specifications, or communications.
Both Client and CNAP agree that it has reviewed and had the opportunity to have legal counsel review this agreement and its attachments and addendums and that this agreement is intended not to be construed against either party as the drafting party.
Conflicts or discrepancies between any portions of this agreement are governed by the following order of precedence: