TERMS OF SERVICE

This Storage Customer Terms of Service is an agreement (“the Agreement”) between you, and/or the entity you represent, and Fox Valley Cloud (FVC), an affiliate of Xa Net Services, an affiliate company of SCP, Corp. (“FVC”). The Agreement consists of terms and conditions below and may be used in conjunction with other specifically authorized written agreements FVC may enter into with you, and/or the entity you represent, for specific purposes set forth therein.

Storage Services

FVC grants you the right to use the storage services provided through the contracts it holds with storage providers comprising of its decentralized storage network to the extent provided by the terms set forth in the subscription agreement held between you, and/or the entity you represent, and FVC. You, and/or the entity you represent, may use the services provided only in accordance with The Agreement, and you may not tamper with, decompile, disassemble, reverse engineer, and/or work around technical limitations or safeguards of the services provided by FVC. Furthermore, you may not circumvent any billing mechanism that regulates your use of the services provided by FVC. You may not rent, lease, sublease, lend, resell, transfer, or barter the services provided by FVC to others, unless specifically authorized by FVC and agreed to in a signed written agreement authored by FVC by and through its appropriate agents. You are solely responsible for the contents of all data stored by you, and/or the entity you represent, and you agree to maintain proper legal rights to store and possess such data without violating rights of others or otherwise obligating FVC to you or any other party. FVC does not assume any obligations with respect to the data stored on the services provided by FVC. To the extent you, and/or the entity you represent, discovers misuse of the services provided by FVC, you are solely responsible for promptly notifying a member of FVC of such misuse. You may not allow other individuals and/or entities not a party to The Agreement between you, and/or the entity you represent, and FVC, to use your credentials and/or access to FVC, and the services it provides, as such services are provided via subscription and made available on a per-user basis. The Agreement does not create an agency, partnership, or joint venture. You, and/or the entity you represent, may not assign the Agreement in whole, or in part, without express written consent by FVC.

Ordering Services

FVC, by and through its web portal (xapro.net), provides offer details for the subscriptions provided. FVC provides a consumption style offering, otherwise known as pay-as-you-go, which provides you storage services requiring commitment for storage you need. Payment is on a periodic basis in arrears. You may also receive a trial subscription as part of a limited offering, and for such offerings the provisions of the Agreement with respect to pricing, cancellation, payment, and data retention may not apply. By ordering or renewing a subscription with FVC, you agree to the details set forth in that subscription. FVC services are offered as available, and to the extent additional FVC services may be limited by high demand, FVC shall not be liable for such limitation. All services ordered by you, and/or the entity you represent, shall be governed by the terms of the Agreement, and all of those accessing the services provided agrees to be bound by the terms of the Agreement and subject to the provisions hereof. Offers may allow modification of the online services provided by FVC, and to the extent such modifications are made, they shall expire at the end of the subscription period unless renewed prior to expiration. If services are decreased and/or cancelled prior to the originally agreed upon subscription term, FVC may charge you, and/or the entity you represent, a cancellation fee for the reduction of services and/or for the premature cancellation of the same. Payments are due according to the offer details provided in the subscription chosen, and failure to make timely payments shall entitled FVC to levy statutory maximum interest rates to accrue from the date of default and further entitle FVC to attorneys’ fees and court costs for collection of the owed sums. The price for the subscriptions for services offered by FVC are subject to chance at any time upon notice. Upon renewal of services you, and/or the entity you represent, agrees to be bound by the terms of service as are posted on xapro.net, and the terms of this specific agreement (the Agreement) shall not carry forward unless said terms of service did not change when you renewed your subscription with FVC. For limited offerings, such as free trials, renewals may not be permitted. The prices provided for the services provided by FVC are exclusive of any taxes, and you are responsible for paying any taxes or fees as may apply to you under the laws applicable to you. We will be responsible for all taxes based on our income as provided by the laws governing FVC.

U.S. Export Jurisdiction

FVC services are subject to U.S. export jurisdiction, and you must comply with all applicable laws, regulations, and restrictions issued by the U.S. and other governments.

Term and Service Cancellation

The Agreement is effective until expiration, cancelation, modification, or renewal of your subscription with FVC—whichever comes first. Services may be canceled at any time; however, you must pay all amounts due prior to cancellation being effective, and any applicable cancellation fees. Payment for the term of the services provided, even if cancelled before the end of the term of such agreement, shall be made for the full term price, subject only to offset/reduction at the discretion of FVC. For limited offerings, such as free trials, FVC may cancel your subscription at any time without notice, and immediately delete the data you stored through your use of FVC services. Your access to the services provided by FVC may be limited and/or revoked if the Agreement is breached and at the discretion of FVC your data may be deleted without any retention period.

Authority to Contract

By accepting the terms of the Agreement on behalf of yourself and/or an entity you represent, you hereby affirm that you have the full legal authority and capacity to do so. Furthermore, you hereby affirm that by entering into the Agreement your consent to the same shall bind you, and/or the entity you represent, to full terms of the Agreement. Finally, government customers should consult with FVC prior to accepting the Agreement, and to the extent a government customer does accept the Agreement said customer represents to have complied with all applicable laws and procedures for government contracting.

Computer Viruses

FVC shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We encourage the regular use of a reputable and readily available virus screening and prevention software.

Limitation of Liability

In no event shall FVC, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives, be liable for any harm or damage caused/claimed as a result of your participation in the services provided by FVC and/or its affiliates. Further, in no event shall FVC, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives be liable for any lost profits, diminution in value or business opportunity, any loss, damage, corruption or breach of data or any other intangible property or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of xapro.net or the FVC services, even if an authorized representative of FVC has been advised of or knew or should have known of the possibility of such damages.

No Warranty

FVC services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, FVC specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. FVC does not make any representations or warranties that access to the site, any part of the FVC services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. You hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the FVC services and xapro.net. Without limiting the foregoing, you hereby understand and agree that FVC will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect, or omission; (b) any error or delay in the transmission of data; or (c) interruption in, and/or loss of, any such data/service.

Amendments

FVC reserves the right to amend the provisions set forth herein at any time and for any reason. It is your responsibility, and your responsibility alone, to frequent the provisions herein to analyze the same for any such updates. If the terms herein are modified in such a way to which you disagree, your sole and exclusive remedy is to terminate your use of the FVC services provided to you, and/or the entity you represent. You agree that FVC shall not be liable to you or any third party for any modification or termination of FVC services, or suspension or termination of your access to the FVC services.

Severability

If any provision as set forth herein shall be deemed unlawful or invalid under any governing rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of the terms as set forth herein shall not be affected.

Governing Law

You agree that any disputes that may arise between you and FVC shall be governed by the laws of the State of Missouri, United States of America, without regard to principles of conflict of laws, except to the extent governed by federal law.

Force Majeure

FVC shall not be liable for delays, failure in performance, loss of data, or interruption of services which result directly or indirectly from any cause or condition, including but not limited to, any delay or failure due to any act of God, an act of civil or military authorities, an act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence.

Non-Waiver of Rights

The provisions as set forth herein shall not be construed to waive rights that cannot be waived under applicable laws in the state/country/providence where you are located. Further, failure to enforce any provision of the Agreement shall not constitute a waiver.

Prohibited Use

You may not use your involvement as a subscriber of the services provided by FVC to engage in the following activities. The specific activities listed as follows are representative, but not exhaustive: Unlawful activity; Abusive activity; Fraud; Gambling; and/or Intellectual property infringement. Furthermore, to the extent you are considered and/or suspected of engaging in a prohibited use, you hereby grant FVC and its agents consent to comply with all lawful request by law enforcement agencies as relates to your use of the services provided by FVC.

Intellectual Property

You are prohibited from engaging in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or licensed materials without the appropriate authorization from the rights holder; use of FVC intellectual property, names, or logos, without express consent from FVC or in a manner that otherwise harms FVC or the FVC brands; any action that implies any untrue endorsement by, or affiliation with, FVC.

Prohibited Businesses

You are prohibited from engaging in the following categories of businesses, business practices, and sale of items available from FVC services. The specific types of use listed as follows are representative, but not exhaustive: Investment and credit services; Restricted financial services; Intellectual property infringement; Proprietary rights infringement; Counterfeit or unauthorized goods; Regulated products and services; Drugs and drug paraphernalia; Pseudo-pharmaceuticals; Substances designed to mimic illegal drugs; Adult content and services; Multi-level marketing; Unfair, predatory, or deceptive practices; High-risk businesses.

Disclaimers

FVC takes reasonable measures to ensure the information and data it presents on its websites and other services is accurate and current; however, it makes no express or implied warranty regarding such information or data which may have been provided by third parties. FVC hereby expressly disclaims all legal liability and responsibility to persons or entities that use or access its site, its network, its distributed datacenter, and its contents, based on their reliance on any information or data that is available through this website, or any other FVC source. The FVC website links to other websites for convenience and informational purposes only. Users should be aware that all websites are not protected, and some may provide different levels of security than that of the FVC websites. FVC is not responsible for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such sites. FVC is not responsible for any transmission received from a linked site. FVC is not liable for any failure of products or services by third parties. Each third-party website may have different policies than that of FVC.

Disclosures

Facts, data, and other information presented on the FVC websites are provided by various sources. FVC is not responsible for typographical errors or errors of omission; and, FVC cannot guarantee that all information is accurate and complete.

Claims Defense

You, and/or the entity you represent, agrees to hold harmless and defend FVC, and/or its agents and affiliate entities, against any claims made against FVC, and/or its agents and affiliate entities, by third parties that concern your use of the services provided by FVC to you, and/or the entity you represent.

Notices

Notices shall be in writing and treated as delivered electronically on the date shown on the return receipt. Notices to FVC must be sent to the following address:

sales@foxvalleycloud.net

Notices shall identify the account the notice concerns, and your contact information for return correspondence to include, but is not limited to: physical mailing address, e-mail address, telephone number, and facsimile number.

Copyright Information

All information on this site is protected by a compilation copyright in the United States of America based on U.S. Copyright Law (17 U.S.C. sec. 101 et seq) and International Copyright Laws and may not be reproduced in whole or in part. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on the FVC websites.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at sales@foxvalleycloud.net