1. Introduction
Welcome to Foxiko Cloud, Inc. ("Foxiko Cloud," "we," "us," or "our"). These terms of service ("Terms") govern your access to and use of our container cloud hosting services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
2. Use of Services
2.1. You may use our Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
2.2. You may not use our Services for any illegal or unauthorised purpose, or in any manner that violates these Terms.
2.3. Only individuals who are at least 18 years old are eligible to use our services.
2.4. Foxiko Cloud reserves the right to reject service to any person or entity for any reason without notice or liability.
2.5. Foxiko Cloud reserves the right to request additional information about the person, entity, shareholders of the entity, directors of the entity, e-mail of them, use of product as part of the registration process or at any time during the use of the service. Failure to provide the requested information may result in the termination of your account.
3. Account
In order to use some of our Services, you will need to create an account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Foxiko Cloud of any unauthorized uses of your account or any other breaches of security. Foxiko Cloud will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Payment and Renewal
4.1. You will be charged on a subscription basis. We will bill you from the date you convert to a paid subscription and on each periodic renewal until cancellation.
4.2. The subscription fee is non-refundable. 4.3. In the event of chargebacks on automatic billing, a fine of $50 will be imposed, in addition to a 20% fine on the total amount of the chargeback.
4.3. If any payment is not received by Foxiko Cloud on the due date, a late payment fee of $40 and 20% of the total outstanding amount will be charged to the client.
5. Termination
5.1. We may terminate or suspend your account and bar access to the Services at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
5.2. In the event that you request to terminate your contract with us before it has expired, a fee of 65% of the remaining contract value will be applied.
5.3. Please note that requests for termination of contract can only be made up to thirty days before the contract's expiration date.
6. Intellectual Property
6.1. The Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Foxiko Cloud and its licensors.
6.2. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
6.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Foxiko Cloud.
6.4. If you provide any feedback, comments, or suggestions about our Services ("Feedback"), you agree that Foxiko Cloud can use, disclose, reproduce, license, distribute, and otherwise exploit in any manner Feedback in any and all media or distribution methods (whether now known or later developed) without any further notice to or consent from you, and without the requirement of any payment to you or any other person or entity.
7. User Content
7.1. The Services may allow users to upload, publish, or otherwise make available certain content, such as text, images, videos, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in the User Content.
7.2. You are solely responsible for the User Content that you make available through the Services, and you represent and warrant that you have all necessary rights to do so.
7.3. You agree that your User Content will comply with these Terms, and that Foxiko Cloud will not be liable for any User Content that violates these Terms.
7.5. By making any User Content available through the Services, you grant to Foxiko Cloud a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Foxiko Cloud's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of any payment to you or any other person or entity.
7.6. You also represent and warrant that you have obtained any and all necessary rights, releases, and permissions to provide the User Content to Foxiko Cloud and to grant Foxiko Cloud the rights to use such User Content as set forth in these Terms.
8. Disclaimer of Warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Foxiko Cloud makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. You expressly agree that your use of the Services is at your sole risk.
9. Limitation of Liability
In no event shall Foxiko Cloud, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict of law provisions.
11. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms