Zaidsoft Cloud Computing Service Terms

Last updated: March 1, 2014

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the Zaidsoft Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Zaidsoft reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you. If any such alterations constitute a material change to these Terms of Service, Zaidsoft posts an announcement on the website. Amendments and modifications shall take effect immediately when posted on the website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services and cancel your services in accordance with terms of sale / service.

Universal Service Terms (Applicable to All Services)

  • You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, “Your Content” includes any “Company Content”. As part of the Services, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
  • You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time on the support site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on our website.
  • You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
  • If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
  • From time to time, we may offer free or discounted pricing programs covering certain usage of the Services (each , a “Special Pricing Program”). We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple Zaidsoft accounts in order to receive additional benefits under a Special Pricing Program), and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.
  • If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.
  • You will ensure that all information you provide to us via our websites (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.
  • From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
  • You are responsible for maintaining licenses and adhering to the license terms of any software you run on Zaidsoft cloud infrastructure.

Zaidsoft Web Accerleration Server

  • You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with Zaidsoft cloud services. You are solely responsible for the renewal, security and proper configuration of any SSL certificates that you provide for use with Zaidsoft Cloud, including any disclosure of your SSL certificates to third parties.
  • Zaidsoft web acceleration server fetches content from original source / server of the content called "origin server". You need to run the origin server somewhere in order to use Zaidsoft Web Accerleration Service. If you have subscribed to our hosting services, the origin server shall automatically be set and used.
  • While you will only be charged fees specified for the selected Price Class, Your Content you select for delivery from edge locations in a Price Class may from time to time be served from edge locations located outside the regions in that Price Class.
  • Zaidsoft Web Acceleration Server Geo Restriction feature (if enabled) may utilize a third party geo-location database, which may not be accurate in all situations.

JCloud: Managed Java Hosting Cloud Server Instances

  • JCloud instances are clound server instances specially tuned, optimized and configured for hosting java technology based websites and web applications. You may host any web app framework copatible with the chosen application servers (like Apache Tomcat, Jetty, WildFly or GateIn Portal Server. You can also embed a server like jetty and run it along with your application.
  • By default JCLoud instances are provisioned so that your whole application stack including database (like MySQL, PostgreSQL server) and Java Virtual Machine (JVM) runs on same instance. Optionally you can subscribe to multiple instances and can dedicated individual instances for running specific services. For example you can run your database server on one isntance and actual web application / JVM on another instnace.
  • Your webapp should NOT exclusively rely on kookies for session tracking purposes, as some front-end accelelration services / CDN may strip away the cookie information.
  • You need to comply with all the develop documentation regarding JCloud instance hosting as available on our website.

Backup

Zaidsoft Managed Services

For managed services, Zaidsoft takes daily / midnight backup of the filesystem on which your website / web-application resides and uses this backup to restore the content/files in case there is any loss of data due to hardware / software failure. Kindly note that keeping minute by minute data backup is your own responsibility and Zaidsoft shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data. If your upto-minute / second data is very important /critical to you, you need to subscribe for multiple instances and have some failover / High Availability arrangements.

Self managed Services

For self managed or un-manged services, Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its cloud server (the “Data”).

Even with respect to Data as to which Subscriber contracts for backup services provided by Zaidsoft, Zaidsoft shall have no responsibility to preserve Data. Zaidsoft shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data.

Account Cancellation or Suspension

Zaidsoft reserves the right to suspend network access to any customer if, in the judgment of the Zaidsoft network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Zaidsoft chooses. Zaidsoft will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Zaidsoft reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

If at any time it becomes necessary for Zaidsoft to cancel a customer's service without cause, Zaidsoft will provide 30 days advance notice.

You may cancel the service at any time by using the "Cancel Service" link located on the "Subscriber Area" of our website. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

Network

If Zaidsoft assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Zaidsoft, and Customer shall have no right to use that Internet Protocol address except as permitted by Zaidsoft in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN / APNIC's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.

Limitation of Liability

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Zaidsoft and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Zaidsoft shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Zaidsoft. Subscriber further acknowledges that Zaidsoft's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Zaidsoft be liable for any special or consequential damages, loss or injury. Zaidsoft is not responsible for any damages your business may suffer. Zaidsoft does not make implied or written warranties for any of our services. Zaidsoft denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Zaidsoft.

Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Zaidsoft may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Zaidsoft shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

You agree that your use of Zaidsoft shall be at your sole risk. All services provided by Zaidsoft are available as is, without warranty.

Indemnity

Zaidsoft wishes to emphasize that in agreeing to the Zaidsoft Terms of Service, customer indemnifies Zaidsoft for any violation of the Terms of Service that results in loss to Zaidsoft or the bringing of any claim against Zaidsoft by any third-party. This means that if Zaidsoft is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Zaidsoft, plus all costs and reasonable attorney's fees.

Notice

You agree that Zaidsoft may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Zaidsoft services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Zaidsoft and govern your use of Zaidsoft services, superceding any prior agreements between you and Zaidsoft for the use of Zaidsoft services.

Choice of Law and Forum

The Terms of Service and the relationship between you and Zaidsoft shall be governed by the laws of the Union of India without regard to its conflict of law provisions. You and Zaidsoft agree to submit to the personal and exclusive jurisdiction of the courts located within Allahabad, India.

Waiver and Severability of Terms

The failure of Zaidsoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Zaidsoft services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.