TERMS AND CONDITIONS FudoCloud.com

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (Customer), and Fudo Security Inc., located at 39899 Balentine Drive, Suite 200, Newark, CA 94560 United States (we, us), concerning your access to and use of the FudoCloud.com website as well as any related applications (the Site). The Site provides the following services: FudoCloud provide secure access and monitoring for all remote sessions on Customer servers.

§1 DEFINITIONS

The terms used in this document shall have the following meaning:

  1. Price list – price list of Services available on the Site;
  2. Registration Form – a registration form available on the Site which allows the Customer to create a Profile on the Site and use the Services through its effective completion;
  3. Consumer – an entity that is a consumer within the meaning of this agreement;
  4. Test period – as a rule, a one-off period, unless the Site specifies otherwise, to which the Customer is entitled, the period indicated on the Site during which the use of the Services is free of charge, giving the Customer an opportunity to become familiar with the Services provided by the Service Provider without the need to conclude a contract against payment;
  5. Settlement Period – a period for which a settlement for the use of Services is made, starting on the day of concluding the Agreement and ending with the lapse of a day in the following month, which date corresponds to the initial day of concluding the agreement, and when there is no such day in subsequent months – on the last day of such a month. In such a case, the next settlement period starts from the first day of the following month. The settlement period shall be shortened in the event of early termination of the agreement.
  6. Cyclic payments – a payment method consisting in automatic collection of payments from a payment card for subsequent billing periods indicated by the Customer;
  7. Customer Profile (Profile) – the space allocated to a given Customer in connection with the provision of the Service in the Service Provider’s ICT resources, marked with the Customer’s individual name (login) and password, through which Customer has access to the System and may perform certain activities within the scope of using the Service;
  8. Terms and Conditions – these Terms and Conditions;
  9. Site – a website maintained by the Service Provider at www.fudocloud.com, within which the System operates;
  10. System – software available in the SaaS model (Software as a Service) delivered to the Customer by the Service Provider on the basis of this agreement, enabling monitoring of websites and their accounts shared by the Customer with users selected by the Customer.;
  11. Agreement – an agreement for the provision of services concluded through the Site between the Service Provider and the Customer under these Terms and Conditions, based on the Price List and the offer on the Site;
  12. Services – depending on the use of services provided by the Service Provider, whether for a fee or free of charge, by electronic means to the Customer via the Site and under these Terms and Conditions, consisting primarily in providing the Customer with access to the Site and its proper functioning in accordance with the terms and conditions set forth in these Terms and Conditions;
  13. Customer – an entity using Services under the Agreement for purposes directly related to its business or professional activity, as well as an entity that is a Consumer;
  14. Service Provider – Fudo Security Inc., located at 39899 Balentine Drive, Suite 200, Newark, CA 94560 United States;
  15. Problem Report/Report – A message sent by the Customer to the Service Provider in which the Customer describes a technical/functional problem with the Services in order to obtain assistance from the Service Provider.

§2 SERVICES

  1. In order to use the Services, it is necessary to have a device with a web browser with Internet access and active e-mail.
  2. In order to use the Services, the Customer must register with the Site. At the time of registration, the Customer must provide the true and correct information specified in the Registration Form and accept these Terms and Conditions by ticking the appropriate box and then clicking the button next to the statement “I have read and accepted Terms & Conditions”
  3. By sending the Registration Form in accordance with the above provision, the Customer shall conclude a paid Agreement between the Service Provider and the Service User.
  4. It works as follows:
    • The Customer upon registration adds own servers to their FudoCloud account as monitored resources
    • The Customer adds users authorized to access particular servers
    • All users connecting to servers are authenticated by FudoCloud and the Customer receives a video recording of each session. Users can use the recordings as a documentation of their work and the Customer gets security and accountability of actions performed on his servers (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services, and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
  5. The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
  6. We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions in order to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
  7. We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
  8. Our Site is directed to people worldwide. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
  9. The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
  10. Additional policies which also apply to your use of the Site include:
  11. Our Privacy Notice https://fudosecurity.com/en/privacypolicy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

§3 PAYMENTS

  1. Payments for Services are made in advance for the entire Settlement Period.
  2. Detailed information on the payment can be found in the Price List in the pricing tab.
  3. At the end of each Settlement Period during which the Customer has used the Services, the Service Provider shall issue and transmit to the Customer an invoice/bill.
  4. If the Agreement is terminated during the Settlement Period, the invoice shall be issued only for the period during which the Customer used the Services and was liable to pay, and the excess was paid back to the Customer.
  5. The Customer may pay for the Services in the following manner:
    • Through Sign up form, by providing the customer’s credit/debit card number, card expiration date, CVC and a ZIP code. The card will then be charged automatically at the beginning of the subscription period, once the trial is over.
  6. Selection of cyclical payments by the Customer is tantamount to automatic transfer of payments under the Agreement for subsequent Settlement Periods, until the termination of the Agreement.
  7. If there are no funds on the account to which the defined payment card is assigned, the attempt to debit the card will be repeated twice after 3 and 7 days. If the last attempt at debiting is ineffective, the Service Provider has the right to disable the Customer’s Service without further notice.

§4 Acceptable Use

  1. You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  2. As a user of this Site, you agree not to:
    • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited emails or creating user accounts under false pretences
    • Use a buying agent or purchasing agent to make purchases on the Site
    • Use the Site to advertise or sell goods and services
    • Abuse the service by running sessions over 8 hours and/or intentionally generating large volumes of data
    • Circumvent, disable, or otherwise interfere with security related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
    • Engage in unauthorized framing of or linking to the Site
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
    • Make improper use of our support services, or submit false reports of abuse or misconduct
    • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
    • Attempt to impersonate another user or person, or use the username of another user
    • Sell or otherwise transfer your profile
    • Use any information obtained from the Site in order to harass, abuse, or harm another person
    • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
    • Attempt to access any portions of the Site that you are restricted from accessing
    • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
    • Delete the copyright or other proprietary rights notice from any of the content
    • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
    • Use the Site in a manner inconsistent with any applicable laws or regulations
    • Threaten users with negative feedback or offering services solely to give positive feedback to users
    • Misrepresent experience, skills, or information about a User
    • Advertise products or services not intended by us
    • Falsely imply a relationship with us or another company with whom you do not have a relationship

§5 Information you provide to us

  1. You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete, and relate to you not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Site.
  2. If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password you must promptly notify us at support@fudosecurity.com.
  3. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you selected if we determine that such username is inappropriate.

§6 Complaints

  1. In the event of any objections to the functioning of the Services, the Customer may file a complaint by electronic means in the form of contact form or by e-mail to: support@fudocloud.com.
  2. The complaint notification should include:
    • Customer’s login to the Site;
    • reservations concerning the Services;
    • claims.
  3. The complaint will be considered within 30 days from the date of the correct submission of the complaint notification by the Customer and will be forwarded to the e-mail address provided by the Customer during registration.

§7 Our Content

  1. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.
  2. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
  4. You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
  5. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
  6. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete or up to date.

§8 Site Management

  1. We reserve the right at our sole discretion to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
  2. We do not guarantee that the Site will be secure or free from bugs or viruses.
  3. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

§9 Modifications to and availability of the Site

  1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
  2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
  3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

§10 Disclaimer/Limitation of Liability

  1. The Site and Services are provided on an as-is and as available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions, all warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, suitability for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
  2. We make no warranties or representations about the accuracy or completeness of the Site’s content are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
    If you are a business user:
    We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Site/Services; or
    • use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

§11 Term and Termination

  1. This agreement is concluded for an indefinite period. These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@fudosecurity.com.
  2. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
  3. If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

§12 General

  1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
  2. Fudo Security Inc. does not take responsibility for violations of terms & conditions of any website you monitor via Fudo Cloud. Anyone who accesses any website using your Fudo Cloud account is solely responsible for adhering to terms & conditions of the visited website.
  3. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
  4. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
  5. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
  6. We may assign any or all of our rights and obligations to others at any time.
  7. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
  8. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
  9. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
  10. For business users only: If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the US Law. We both agree to the exclusive jurisdiction of the courts of California.
  11. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
  12. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@fudosecurity.com or by post to: Fudo Security Inc. 39899 Balentine Drive, Suite 200 Newark, CA 94560 United States.

TERMS AND CONDITIONS FudoCloud.com

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (Customer), and Fudo Security Inc., located at 39899 Balentine Drive, Suite 200, Newark, CA 94560 United States (we, us), concerning your access to and use of the FudoCloud.com website as well as any related applications (the Site). The Site provides the following services: FudoCloud provide secure access and monitoring for all remote sessions on Customer servers.

  • 1 DEFINITIONS

The terms used in this document shall have the following meaning:

  1. Price list – price list of Services available on the Site;
  2. Registration Form – a registration form available on the Site which allows the Customer to create a Profile on the Site and use the Services through its effective completion;
  3. Consumer – an entity that is a consumer within the meaning of this agreement;
  4. Test period – as a rule, a one-off period, unless the Site specifies otherwise, to which the Customer is entitled, the period indicated on the Site during which the use of the Services is free of charge, giving the Customer an opportunity to become familiar with the Services provided by the Service Provider without the need to conclude a contract against payment;
  5. Settlement Period – a period for which a settlement for the use of Services is made, starting on the day of concluding the Agreement and ending with the lapse of a day in the following month, which date corresponds to the initial day of concluding the agreement, and when there is no such day in subsequent months – on the last day of such a month. In such a case, the next settlement period starts from the first day of the following month. The settlement period shall be shortened in the event of early termination of the agreement.
  6. Cyclic payments – a payment method consisting in automatic collection of payments from a payment card for subsequent billing periods indicated by the Customer;
  7. Customer Profile (Profile) – the space allocated to a given Customer in connection with the provision of the Service in the Service Provider’s ICT resources, marked with the Customer’s individual name (login) and password, through which Customer has access to the System and may perform certain activities within the scope of using the Service;
  8. Terms and Conditions – these Terms and Conditions;
  9. Site – a website maintained by the Service Provider at www.fudocloud.com, within which the System operates;
  10. System – software available in the SaaS model (Software as a Service) delivered to the Customer by the Service Provider on the basis of this agreement, enabling monitoring of websites and their accounts shared by the Customer with users selected by the Customer.;
  11. Agreement – an agreement for the provision of services concluded through the Site between the Service Provider and the Customer under these Terms and Conditions, based on the Price List and the offer on the Site;
  12. Services – depending on the use of services provided by the Service Provider, whether for a fee or free of charge, by electronic means to the Customer via the Site and under these Terms and Conditions, consisting primarily in providing the Customer with access to the Site and its proper functioning in accordance with the terms and conditions set forth in these Terms and Conditions;
  13. Customer – an entity using Services under the Agreement for purposes directly related to its business or professional activity, as well as an entity that is a Consumer;
  14. Service Provider – Fudo Security Inc., located at 39899 Balentine Drive, Suite 200, Newark, CA 94560 United States;
  15. Problem Report/Report – A message sent by the Customer to the Service Provider in which the Customer describes a technical/functional problem with the Services in order to obtain assistance from the Service Provider.
  • 2 SERVICES
  1. In order to use the Services, it is necessary to have a device with a web browser with Internet access and active e-mail.
  2. In order to use the Services, the Customer must register with the Site. At the time of registration, the Customer must provide the true and correct information specified in the Registration Form and accept these Terms and Conditions by ticking the appropriate box and then clicking the button next to the statement “I have read and accepted Terms & Conditions”
  3. By sending the Registration Form in accordance with the above provision, the Customer shall conclude a paid Agreement between the Service Provider and the Service User.
  4. It works as follows:
  • The Customer upon registration adds own servers to their FudoCloud account as monitored resources
  • The Customer adds users authorized to access particular servers
  • All users connecting to servers are authenticated by FudoCloud and the Customer receives a video recording of each session. Users can use the recordings as a documentation of their work and the Customer gets security and accountability of actions performed on his servers (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services, and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
  1. The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
  2. We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions in order to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
  3. We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
  4. Our Site is directed to people worldwide. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
  5. The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
  6. Additional policies which also apply to your use of the Site include:

Our Privacy Notice https://fudosecurity.com/en/privacypolicy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

  • 3 PAYMENTS
  1. Payments for Services are made in advance for the entire Settlement Period.
  2. Detailed information on the payment can be found in the Price List in the pricing tab.
  3. At the end of each Settlement Period during which the Customer has used the Services, the Service Provider shall issue and transmit to the Customer an invoice/bill.
  4. If the Agreement is terminated during the Settlement Period, the invoice shall be issued only for the period during which the Customer used the Services and was liable to pay, and the excess was paid back to the Customer.
  5. The Customer may pay for the Services in the following manner:
  6. Through Sign up form, by providing the customer’s credit/debit card number, card expiration date, CVC and a ZIP code. The card will then be charged automatically at the beginning of the subscription period, once the trial is over.
  7. Selection of cyclical payments by the Customer is tantamount to automatic transfer of payments under the Agreement for subsequent Settlement Periods, until the termination of the Agreement.
  8. If there are no funds on the account to which the defined payment card is assigned, the attempt to debit the card will be repeated twice after 3 and 7 days. If the last attempt at debiting is ineffective, the Service Provider has the right to disable the Customer’s Service without further notice.
  • 4 Acceptable Use
  1. You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  2. As a user of this Site, you agree not to:
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited emails or creating user accounts under false pretences
  • Use a buying agent or purchasing agent to make purchases on the Site
  • Use the Site to advertise or sell goods and services
  • Abuse the service by running sessions over 8 hours and/or intentionally generating large volumes of data
  • Circumvent, disable, or otherwise interfere with security related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Threaten users with negative feedback or offering services solely to give positive feedback to users
  • Misrepresent experience, skills, or information about a User
  • Advertise products or services not intended by us
  • Falsely imply a relationship with us or another company with whom you do not have a relationship
  • 5 Information you provide to us
  1. You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete, and relate to you not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Site.
  2. If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password you must promptly notify us at support@fudosecurity.com.
  1. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you selected if we determine that such username is inappropriate.
  • 6 Complaints
  1. In the event of any objections to the functioning of the Services, the Customer may file a complaint by electronic means in the form of contact form or by e-mail to: support@fudocloud.com.
  2. The complaint notification should include:
  1. Customer’s login to the Site;
  2. reservations concerning the Services;
  3. claims;
  1. The complaint will be considered within 30 days from the date of the correct submission of the complaint notification by the Customer and will be forwarded to the e-mail address provided by the Customer during registration.
  • 7 Our Content
  1. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.
  2. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
  4. You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
  5. 5. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
  6. 6. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete or up to date.
  • 8 Site Management
  1. We reserve the right at our sole discretion to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
  2. We do not guarantee that the Site will be secure or free from bugs or viruses.
  3. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
  • 9 Modifications to and availability of the Site
  1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
  2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
  3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
  • 10 Disclaimer/Limitation of Liability
  1. The Site and Services are provided on an as-is and as available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions, all warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, suitability for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
  2. We make no warranties or representations about the accuracy or completeness of the Site’s content are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site/Services; or
  • use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
  • 11 Term and Termination
  1. This agreement is concluded for an indefinite period. These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@fudosecurity.com.
  2. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
  3. If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  • 12 General
  1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
  2. Fudo Security Inc. does not take responsibility for violations of terms & conditions of any website you monitor via Fudo Cloud. Anyone who accesses any website using your Fudo Cloud account is solely responsible for adhering to terms & conditions of the visited website.
  3. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
  4. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
  5. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
  6. We may assign any or all of our rights and obligations to others at any time.
  7. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
  8. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
  9. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
  10. For business users only: If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the US Law. We both agree to the exclusive jurisdiction of the courts of California.
  11. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
  12. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@fudosecurity.com or by post to: Fudo Security Inc. 39899 Balentine Drive, Suite 200 Newark, CA 94560 United States.