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Razuna Cloud Server Terms of Service
By using a Razuna Cloud Server (“Service”), a service of Razuna (“Razuna”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Razuna reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://razuna.com/termsofserviceserver
Violation of any of the terms below will result in the termination of your Account. While Razuna prohibits such conduct and Content on the Service, you understand and agree that Razuna cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. Razuna cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to do each of the following:
- comply with applicable law and the Razuna Cloud Server Acceptable Use Policy
- pay when due the fees for the Services
- use reasonable security precautions in light of your use of the Services
- cooperate with Razuna's reasonable investigation of outages, security problems, and any suspected breach of the Agreement
- keep your billing contact and other account information up to date
- immediately notify Razuna of any unauthorized use of your account or any other breach of security.
Customers may access their Razuna account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Razuna, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Razuna shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Razuna has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Razuna via the API may result in the temporary or permanent suspension of your account's access to the API. Razuna, in its sole discretion, will determine abuse or excessive usage of the API. Razuna will make a reasonable attempt via email to warn the account owner prior to suspension.
- Razuna reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- When you sign up you will have to pay the first 3 month upfront. There is no recharge or refund if you cancel within the first 3 months.
- After the 3 month period, you will be billed monthly starting on the 1st day your account was initially created. If you cancel prior to the processing of your first invoice on the 1st day, you will be charged for what you have used until the cancellation date.
- Upgrading your account will take effect immediately. You will be charged the upgraded amount from the next month on.
- The Service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- No additional surcharges or setup fees will apply!
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in your Administration.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled!
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Razuna, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Razuna service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Razuna reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Razuna reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Razuna.com Site (http://razuna.com, to our blog site http://blog.razuna.com) or the Service itself.
- Razuna shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your assets to be shared publicly, you agree to allow others to view and share your Content.
- Razuna does not pre-screen Content, but Razuna and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©1999-2017 Razuna. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Razuna.
Limitation on Damages
Our obligations to you are defined by this Agreement. We are not liable to you for failing to provide the Services unless the failure results from a breach of this Agreement, or results from our gross negligence or willful misconduct. The dollar credits stated in the Service Level Agreement are your sole and exclusive remedy for unavailability of the Services.
Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.
Notwithstanding anything in the Agreement to the contrary, except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from Razuna's negligence, the maximum aggregate monetary liability of Razuna and any of its employees, agents, suppliers, or affiliates in connection with the Services, the Agreement, and any act or omission related to the Services or Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the six months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Dollars ($500.00).
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Razuna uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Razuna, or any other Razuna service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Razuna.
- Razuna may use your company's logo in listings of Razuna customers on website or brochures.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Razuna customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Razuna does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Razuna shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Razuna has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Razuna to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Razuna and govern your use of the Service, superceding any prior agreements between you and Razuna (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support[at]razuna[dot]com.
- Europe: Razuna ApS, Lynbyvej 12, 8000 Aarhus / DK
- USA: Razuna Inc., 2929 Briarpark Dr, Houston/TX 77042 / USA