These Terms of Service (the “Agreement” or “TOS”) are an agreement between Smart Cloud Pte Ltd (“Smart Cloud” or “us” or “our”) and you (“Subscriber” or “User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Smart Cloud and of the www.getsmartcloud.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
- User Content & Abuse
Subscribers violate Smart Cloud policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
- a) Spamming – Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Smart Cloud, but also because it can overload Smart Cloud’s network and disrupt service to Smart Cloud subscribers. Also, maintaining an open SMTP relay is prohibited.
- b) Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Smart Cloud reserves the rights to proceed if required by law to remove or block access to subscriber content upon receipt of a proper notice of copyright infringement.
- c) Obscene Speech or Materials – Using Smart Cloud’s network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Smart Cloud is required by law to notify law enforcement agencies when it becomes aware of the presence of pornography on or being transmitted through Smart Cloud’s network.
- d) Defamatory or Abusive Language – Using Smart Cloud’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- e) Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- f) Illegal or Unauthorized Access to Other Computers or Networks – Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). It also includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- g) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- h) Facilitating a Violation of this TOS – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOS, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
- i) Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising or transmitting of phishing contents, Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and but not limited to pirating software.
- j) Resource Intensive Scripts – Any website or scripts that utilises a higher than accepted amount of server resources (such as, but not limited to, CPU cycles, RAM usage, and network resources) will be given the option to reduce the resource utilisation to an acceptable level, or upgrade its web hosting service to a higher plan that can accommodate the server resource usage. Websites or scripts constantly found abusing common server resources will be suspended or terminated.
- k) Legal Compliance – Any material posted on Smart Cloud servers must be legal in Singapore. Some material is legal in some nations, but is illegal in the Singapore. This includes any form of material promoting hate, extreme views and terrorism, gambling activities and pornography content. This is the responsibility of the subscriber to research thoroughly.
- l) Other Activities – Engaging in activities, whether lawful or unlawful, that Smart Cloud determines to be harmful to its subscribers, operations, reputation, goodwill, or subscriber relations. Smart Cloud will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Smart Cloud policy or applicable law. When Smart Cloud becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
- m) Customer of Subscriber – Smart Cloud also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Smart Cloud’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Smart Cloud has the right to directly take action against a customer of a subscriber. Also, Smart Cloud may take action against the Smart Cloud subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Smart Cloud anticipates that subscribers who offer Internet services will cooperate with Smart Cloud in any corrective or preventive action that Smart Cloud deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Smart Cloud policy.
If Smart Cloud detects illegal or abusive activity taking place on its network, it may record incoming and outgoing IP addresses, and any other information needed to assist in the prosecution of offenders. Smart Cloud reserves the right to use any methods available to monitor, to record and to stop these activities from taking place on its network, and to forward these records to law enforcement if necessary.
If Smart Cloud receives an order to provide information about a subscriber to a law enforcement authority, we will provide that information. Smart Cloud may disclose information, including but not limited to, information concerning a subscriber, logs from the hosting service, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Smart Cloud assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.
Smart Cloud reserves the right to suspend or terminate subscriber’s services at any time, with no refund or prior notice, for any activities which Smart Cloud deems to have violated this TOS.
To report any abuse, please contact us at email@example.com.
1.a Lawful purposes : You will use nviscloud solely for lawful purposes. In this respect You may not, without limitation:
- a) knowingly intercept or monitor, damage or modify any communication which is not intended for You;
- b) knowingly use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble nviscloud or the communication;
- c) knowingly send any unsolicited commercial communication not permitted by applicable law;
- d) knowingly expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
- e) knowingly use nviscloud to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
- f) knowingly use any material or content that is subject to any third party proprietary or intellectual property rights, unless you have a license or permission from the owner of such rights. If the law of Your country (or other applicable jurisdiction) prohibits You from downloading or using nviscloud because You are under the age limit or because nviscloud services are not allowed, You agree not to use nviscloud and to indemnify and hold nviscloud harmless from such use.
- Network Usage & Abuse
- a) Unmetered Bandwidth Usage – Subscribers agree to maintain a fair usage of the shared network bandwidth for their services. Should Smart Cloud deem a Subscriber’s server or service as exceeding fair bandwidth usage consumption and affects other users, Smart Cloud will notify the Subscriber and allow the Subscriber to remedy the problem. Smart Cloud reserves the right to suspend or throttle the customers server or service where appropriate.
- b) Distributed Denial of Service (DDoS) Attacks – Smart Cloud’s network is covered by DDoS mitigation & protection services. However, subscribers who are repeatedly found to be victims of DDoS attacks will be considered as abusers to our network. Smart Cloud reserves the rights to stop, suspend or terminate subscribers’ services in order to mitigate the attacks on their services through our network.
- Responsibility of Data
Subscriber is to be responsible for all contents and data stored under his account or control. Smart Cloud will absolutely not be held accountable for information stored on Smart Cloud servers.
While Smart Cloud ensures its own network and facilities are operational and secure, it will not take any responsibility for the security of information transmitted over its facilities or network.
- Non-disclosure of Confidential Information
Smart Cloud agrees not to use any Proprietary or Confidential Information (“Confidential Information”) disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, maintaining and troubleshooting the customer’s account.
Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.
Smart Cloud does maintain its own backups of file, web, and database servers. These backups can be used by Smart Cloud to restore a failed server or drive array. These backups are not for the subscriber’s usage, and no custom restore requests can be guaranteed to be processed. Subscriber is responsible for their own backups. Smart Cloud holds absolutely no liability to any subscriber for any loss of data stored on Smart Cloud servers.
- Billing & Payment
Smart Cloud ensures invoices for subscriber’s service are communicated to the subscriber through their registered e-mail at least TWENTY ONE (21) days in advance before their service due date. It is the responsibility of subscriber to ensure their contact details are kept updated in Smart Cloud’s billing system to receive service invoices and overdue notifications.
Subscriber is to ensure prompt payment are made to Smart Cloud prior to their service due date. Smart Cloud reserves the right to suspend and terminate subscriber’s services which are overdue.
For new service orders which are paid for. You will receive a confirmation email with your account information within 1-3 minutes after placing your order. If the subscriber requests to cancel their order a refund of their payment will be sent back in 2-5 business days by Smart Cloud. Subscriber can sign up again and pay with their credits once they are able to provide the details for the provisioning of their service.
For cancellation of services, subscriber is required to submit cancellation request or provide notice.
In the event that the subscriber has already utilized the service for the new period, they are required to make a minimum of ONE (1) month payment for the service before cancellation can take place thereafter.
All payments made to Smart Cloud are non-refundable. No refund of payment will be provided by Smart Cloud for any utilized or un-utilized period of services in their subscription.
For 30-day money back guarantee, any setup fees or domain registration fees incurred are strictly non-refundable.
No refund will be given for any violation of Smart Cloud’s Terms of Service Agreement.
- Access and Control Policy
When a new account or domain, as applicable, is registered with or transferred to Smart Cloud or with one of its affiliates, the process requires and results in the creation of the following within the records of Smart Cloud, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
If a person contacts Smart Cloud and claims that he or she is entitled to access to an account, website, or domain registered with Smart Cloud or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Smart Cloud will give access to the person who acceptably evidences he or she has substantially all of:
name of the person with the registered;
the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory);
a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory).
Otherwise, Smart Cloud will not give access and control to a claimant unless Smart Cloud is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring Smart Cloud to give such access and control to said claimant.
Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control;
Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Smart Cloud arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Smart Cloud from all liability and all claims for damages or any other liability whatsoever that may arise out of Smart Cloud’s following said policy and procedure.
- Transfer of Ownership
Smart Cloud is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Smart Cloud or its affiliates. By accessing Smart Cloud’s system, registering, or using any of the services provided by Smart Cloud, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Smart Cloud or any of its affiliates are subject to the terms and conditions of this section of these Terms.
Smart Cloud will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Smart Cloud or its affiliates only in the event that at least one of the following occur:
Smart Cloud is served with a valid order of a court, agency, or appropriate internet controlling entity such as ICANN, requiring Smart Cloud (or affiliate) to transfer such ownership to said claimant.
there is received by the Compliance Department a written statement (in a form acceptable to Smart Cloud or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms.
Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Smart Cloud; and, further, that any other changes made directly by Subscriber or by others within the online records of Smart Cloud or of its affiliates shall not be deemed effective to give notice to Smart Cloud or its affiliates of any changes in said ownership.
- Disputing Site or Account Ownership
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Smart Cloud or in an associated Smart Cloud account. Smart Cloud is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Smart Cloud or in an associated Smart Cloud account, and, in Smart Cloud’s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then Smart Cloud will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Smart Cloud of all liability or obligations concerning the dispute.
Any actions taken by Smart Cloud in such ownership disputes will be subjected to a fee of SGD30 for the administrative overhead for the investigative actions, and will be deemed due and payable immediately.
If the disputing persons fail so to resolve the dispute within what Smart Cloud, in its sole judgment, deems to be a reasonable time, then Smart Cloud, at its option and without any obligation to do so, may, in accordance with and subject to the laws of Singapore, file an interpleader action in a court of competent jurisdiction within the Republic of Singapore for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Smart Cloud for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Smart Cloud under this process shall be deemed due and payable immediately after judgment or settlement is reached.
- Notification of Transfer of Hosting Account Ownership
Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. Smart Cloud will not be liable for any inability to access the account due to a failure to release access information. Smart Cloud reserves the right to accept or reject the request for any reason in its sole and absolute discretion.
- Third Party Registrants’ Agreements
For registration, renewal and transfer of domains through our third party registrants, subscribers have to agree to the respective registrants’ agreements as below:
Ascio’s Registrant Agreement: https://www.ascio.com/ascio-registration-agreement/.
Public Domain Registry Registrant Agreement: https://publicdomainregistry.com/legal/.
To understand more about ICANN’s rules of Registrant Educational Materials, and Registrants’ Benefits and Responsibilities, please refer to https://www.icann.org/resources/pages/registrant-rights-2013-09-16-en.
To understand more about SGNIC’s rules, please refer to https://www.sgnic.sg/sg-categories-rules.html.
- Limitation of Liability
Smart Cloud will not be liable for any damages your business may suffer. Smart Cloud makes no warranties of any kind, expressed or implied for services we provide. Smart Cloud disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, suspensions and any service interruptions caused by Smart Cloud and its employees.
Smart Cloud shall not be liable for non-performance or late performance of any obligation hereunder, to the extent and for such a period of time as such non-performance or late performance is due to reasons beyond its reasonable control, including but not limited to, act of God, civil or ethnic unrest, shortage or unavailability of labour, revolution or insurrection, war (whether declared or not), terrorist activity, religious events, bombings, blockages, embargoes, general labour strikes, power failures, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or any governmental regulations imposed after the fact, import or export regulations or embargoes, acts or defaults of any telecommunications network operator, circumstances where communications lines (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers, fire, explosions, floods, earthquakes or any other natural disaster, chemical contamination, unavailability of equipment or components not caused by Smart Cloud’s act or default.
Notwithstanding anything to the contrary contained herein, Smart Cloud’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Smart Cloud for the services in the ONE (1) month prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
In agreeing to this terms, subscribers indemnify Smart Cloud for any violation of the service agreement, law, or Smart Cloud policy that results in loss to Smart Cloud or the bringing of any claim against Smart Cloud by any third-party. This means that if Smart Cloud is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Smart Cloud, plus costs and reasonable attorneys’ fees.
- Modification to Terms of Service
Smart Cloud’s Terms of Service will be revised from time to time. A subscriber’s use of Smart Cloud’s services after changes to the TOS are posted on Smart Cloud’s web site, www.getsmartcloud.com, will constitute the subscriber’s acceptance of any new or additional terms of the TOS that result from those changes. Smart Cloud reserves the right to amend, change, or modify Terms of Service without notifying the subscribers.