Acceptable Use Policy (AUP)

Who This Agreement is for:

By accessing and using this website, you accept and agree to be bound by the terms and provisions of this agreement and any other agreement published on this website and any website owned and operated by Create Azure LLC (hereafter collectively referred to as the “Policies”). In addition, when using any service provided by Create Azure LLC, or by cloudMonic (subsidiary of parent Create Azure LLC), you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at-will by Create Azure LLC/cloudMonic (hereafter collectively referred to as the “Provider” or the “Company”).

General Purpose:

The purpose of this Acceptable Use Policy (“AUP”) is to set forth guidelines for the expected conduct of the user of the Services and the site, and the types of actions and content that are contrary to the mission and ideologies of the Provider. This AUP is intended to protect the Services, the Provider and its vendors, agents, and representatives, and the customers of the Provider from improper, immoral, abusive, illegal, or offensive activity.

Limitation of Liability:

This site and its components are offered for informational purposes only; the Provider shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. While the Provider takes reasonable caution to prevent any such occurrence, the Provider shall not be responsible or liable for any medical, either physical, psychological or other medical ailment or injury that may come of using this site.

The Provider is under no legal, moral, or other obligation or duty to monitor any actions on the sites provided or the Services provided, and the Provider disclaims and disavows any responsibility or liability for the misuse of the Services provided. The Provider has no responsibility or liability for any individual accessing, using, purchasing, or pursuing the site or Services, or the content, material or information stored, created, maintained, transmitted, or accessible on or through the Services and is not obligated to monitor or exercise any editorial control over such material.

In the event that the Provider becomes aware that any such material that violates any of the Policies may exist, the Provider reserves the right to block access to such material, but is not required to. Unless otherwise stated in the Policies, the Provider disclaims any obligation, either legal, moral or otherwise, to any individual, company, group, organization, or other entity who has not entered into an agreement with the Provider for use of the Services.

User Responsibility:

Any individual accessing, using, purchasing, or pursuing our site (hereafter referred to as the “User”) will be responsible for the activities of their agents, representatives, and end-users and will be responsible for their cooperation with the Policies.

If a User becomes aware of any violation of the Policies set forth by the Provider, the User is obliged to notify the Provider immediately with any relevant information, and may not hold such information for a ransom or other compensation.

It is the sole responsibility of the User to review all Policies provided by the Company for changes, updates, or modifications.

Prohibited Use:

It is prohibited to use this site, or the products (hereafter collectively referred to as the “Services”) offered on this site – either now or in the past or future – for illegal, offensive, immoral, or abusive purposes, or in a manner that interferes with or adversely affects the Provider or its agents, representatives, assets, and property including, but not limited to, any actions that would expose the Provider to civil or criminal liability.

Some examples follow, but this should not be considered an exhaustive list. The User and their agents, representatives, and end-users agree not to use the Services for:

· Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution or creation, network attacks or any other action considered “black hat”

· Interference of another User’s access to the Services or the site

· The unauthorized analysis, monitoring, penetration testing, or access of data, networks, or systems

· Transmitting, storing, accessing or distributing illegal, unsolicited, fraudulent, or immorally obtained data or materials that may infringe or otherwise violate the privacy, intellectual property, publicity, or personal rights of any company, group, individual, or campaign, including but not limited to any copyright, patent, trademark, trade secret or other proprietary right.

· Engaging in offensive activities such as harassment, or transmitting, distributing, storing, or accessing content including media that is inappropriate, obscene, defamatory, threatening, abusive, or that advocates violence, violates a law, regulation, or public policy.

In addition, the User and their agents, representatives, and end-users agree to abide by all applicable laws, rules and regulations related to their use of the Services, specifically including data protection and privacy laws, as well as laws related to unsolicited messaging (ie. e-mails, etc).

Where ambiguous terms (ie. “inappropriate”), the Provider will have final say on the activities on the Services. Some of the Services may have specific terms designated solely to their purpose, for instance certain classes of VPS hosting have a no-IRC policy. These terms will be provided to the User separately, and should be distributed by the User to their agents, representatives, and end-users as deemed necessary. The User will hold full responsibility for this distribution, and ensuring compliance.

Provider’s Right to Change Policies and Take Action:

The Provider reserves the right to change any of the Policies at any time for any reason, with or without notice to the User. The Provider, where possible, will attempt to notify the User within twenty-one (21) days prior to the effective date of the change. The Provider is not responsible for the receipt of this notification, or any issues or failure in sending the notification and is not legally, morally, or otherwise obliged to provide advanced notice. The User, by agreeing to the existing Policies, accepts future revisions.

The Provider reserves the right at all times to investigate any actual, suspected, or alleged violations of the Policies set forth. The User shall reasonably cooperate with the investigations, and any corrections necessary in any breach of these Policies by themselves, their agents, representatives, or end-users.

The Provider and its agents, representatives, or vendors may implement technical measures to prevent violations of any of the Policies, including but not limited to network scanning and analysis or network filters.

Nothing in any of the Policies set forth by the Provider shall limit the Provider’s rights and remedies at law or in equity that may be available.

The Provider reserves the right to discontinue the relationship with the User at any time should they be in breach of the Policies set forth. The Provider also reserves the right to implement suspensions, or terminations without prior notice. These terminations will include all data stored within the Services provided by the Provider, and restoration may not be possible. In addition, the Provider reserves the right to charge the User for any violation by the User or their agents, representatives, or end-users per hour for investigations (at a minimum cost of $150 USD per hour), and the cost of the equipment needed to respond to, and for investigations or remedies for the violation of any of the Policies. The Provider reserves the right to block anyone from the use of the site and the Services at any time for any reason.

Indemnity:

The User agrees to indemnify, protect, defend, and hold harmless the Provider and its agents, property, representatives, or vendors from and against any and all claims, liabilities, loss of data, or damages including judgements, costs, and reasonable counsel fees, for anything done or omitted by the Provider in the execution of the Policies except as a result of the Provider’s gross negligence, willful misconduct, or bad faith.

Governing Law:

The Policies shall be governed by, and construed and interpreted in accordance with the laws of the State of Washington, United States of America, without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Policies. Any action seeking legal or equitable relief, or any dispute arising out of or relating to these Policies, including the issue of its valid conclusion and pre- and post-contractual effects, are to be exclusively ruled on by a competent court of the state of Washington or by the district court for the area of the Provider’s registered head offices, branch offices or assets.

Severability:

If any provision of the Policies shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Policies is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Superseding Agreement:

Overlapping or contradicting provisions contained in this AUP and in other Policies provided by the Provider will be superseded by the provisions set forth in this AUP. This AUP does not trigger any expiration, termination, or other rights that may be available to the Provider under any of the other Policies.