Your agree to these terms and agreements by using our site.

The Webbycloud Terms of Service (the “Terms” or “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you” or “Your” or “your”), and Webbycloud.com. for the Webbycloud service (“Webbycloud” or “Product” or “we” or “our”). These Terms govern your use of Webbycloud, including any updates and accompanying written documentation. Your use of the Webbycloud constitutes your binding legal agreement to these Terms, which are subject to change at any time by Webbycloud.com Networks. If you are not legally able to be bound by these Terms, your use of Webbycloud is prohibited.

You acknowledge and agree that Webbycloud and partners may occasionally contact you via email. Please refer to Webbycloud’s Privacy Policy, (https://www.Webbycloud.com/privacy) for information about how we use, transfer and share information we collect and you store within Webbycloud.

Your Data and Privacy

With Webbycloud, you can submit and access your data, information, files and folders (known as “your things”). When doing so, you retain full ownership to your things. These Terms do not grant us any rights or intellectual property to your things apart from the limited rights we use to deliver the Webbycloud service, which are explained here and in our Privacy Policy.

By using Webbycloud, you grant us permission to advertisement around your control panel to provide product features, marketing, and to technically administer the service itself. Product features include items like storing, sharing/accessing (at your direction), creating and displaying file previews, etc. Technical administration includes all architectural decisions we make and activity we do to deliver the Webbycloud service for you, such as, the number of file copies we maintain for backup and service reliability, how we store data, or the connectivity we establish to your devices, etc. This permission also extends to trusted third parties like Fiverr.com so we may work with to deliver the Webbycloud service and or files from elsewhere. From time to time, we update our servers or upgrade hardware and we might interrupt your services. You files are secured in privacy and we will not look or touch your files. Its your sole discretion to work with users and their folder permissions. If you are given a default password and login you may change it at any time.

Webbycloud may also contain links to other third party websites, partners or resources. Your use of the third party materials is governed by their terms and not this Agreement. We are not responsible for or endorse these third parties.

You are responsible for maintaining and protecting your data in Webbycloud and Webbycloud is not responsible for any loss or corruption to your files or information or for backing up such information.

Webbycloud is not intended for use by persons under the age of 13 years old. By accepting these terms you represent that you are at least 13 years old.

FIVERR.com Referral Customers

If you are a Fiverr.com customer referral, their policies supersede the policies listed below.

Accounts, Passwords and Security

You must be a registered user to access the Product. Individual users must register using their name and entity users must register under the legal name of their entity. You are responsible for keeping your password private and secure, and are prohibited from sharing your login and password with others. You can assign multiple users to your cloud that pertain to your vanity domain name such as this example: company.webbycloud.com URL. You will be solely responsible and liable for any activity that occurs under your user name or any users that you grant access to or files you share via email publicly. If you were provided user details by fiverr.com user promotions you are not in breach of this contract since you provided user name details on fiverr.com which are the same as the account you got. You can change your password under the admin settings section at anytime.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data content uploaded or otherwise placed into Webbycloud. We are not responsible for the legality and appropriateness of information in Webbycloud which you may be able to access or view through your use. You agree to indemnify, defend, and hold completely, legally harmless Webbycloud and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Products, or your violation of these terms.

The Products are made available to you only for your personal or internal business use, which use must be in compliance with all applicable Webbycloud policies, laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Products, including but not limited to selling, licensing, providing services, or distributing the Products to any third party.

Any unauthorized use of any Webbycloud computer system is a violation of these Terms and may also violate certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. Webbycloud may immediate remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.

You must use Webbycloud responsibly and in a way not interfere with the use, privacy or rights of others. When using Webbycloud, you must not, and must not attempt to, use the services to do any of the following things.

Changes to Webbycloud Products and Terms

Webbycloud reserves the right at any time to modify, suspend, or discontinue providing the Product or any part thereof in its sole discretion with or without notice.

Webbycloud reserves the right at any time to modify these Terms in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon use of the Webbycloud Products for all existing users immediately after posting of any amended terms on the Webbycloud.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to the Terms, you must stop using Webbycloud and terminate your account immediately.

Please review the most current version of this Agreement from time to time here, (or such successor URL as Webbycloud may provide), so that you will be apprised of any changes.

License to Webbycloud

Subject to the terms and conditions of this Agreement, Webbycloud grants you a non-exclusive, non- transferable, non-sublicensable limited and revocable license to use the Product (including but not limited to the client software) and to use the Webbycloud Products for the sole and exclusive purposes of your personal or internal business purposes. Certain third party code may be provided with, or contained in, the Product. The third-party license terms accompanying such code, and not the terms of this Agreement, will govern your use of such code. Webbycloud reserves all other rights to its Products.

The Products and their structure, organization, source code, and documentation contain valuable trade secrets of Webbycloud and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, transfer, or distribute any aspect of the Products or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Product, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product, (4) extract portions of the software’s files for use in other applications, or (5) remove, obscure, or alter Webbycloud’s or any third party’s trademarks or Webbycloudright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products. (6) Webbycloud uses opensource licensed software whenever possible and you agree to not modify or change the code if you find a bug, exploit from the opensource software we use for user access.

Renewals

You agree that Webbycloud shall have the right to automatically and without notice renew your license to continue to use the Products upon expiration of your license period. You agree that if you elect to not permit Webbycloud the right to automatically renew your license to use the Products or maintain your credit card information on file, then Webbycloud may terminate your license and subscriptions.

Intellectual Property

You acknowledge that Webbycloud or third parties own all right, title and interest in and to the computer source code, opensource, related to the Product, portions thereof, or software or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Products are reserved, and no implied licenses are granted by Webbycloud.

If you have comments on the Products or ideas on how to improve them, please contact us at webbycloud@webbycloud.com Please note that by doing so, you also grant Webbycloud a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Products (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation or royalities.

Copyright

When using Webbycloud, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us through email. We reserve the right to delete or disable content alleged to infringe and our designated agent for alleged infringement can be contacted via:

dmca@webbycloud.com


Pricing Terms and Conditions

Upgraded Accounts

Webbycloud offers you the option of increasing your account storage space beyond the free or low fee amount for a larger fee. By doing so, your account will be converted and given a large space for storage depending on what you want.

Webbycloud accepts different forms of payments, one of them is credit cards and will automatically charge your credit card monthly or yearly, depending upon which Premium Account you select. If any fee is not paid in a timely manner, or Webbycloud is unable to process your transaction using the credit card information provided, Webbycloud reserves the right to revoke access to your Webbycloud account and reserves the right to use our discretion to delete some or all of Your data so as to reduce your storage space to below the free amount, and to convert your Premium Account to a Free Account (which is subject to the restrictions described below).

Billing

The fees for your Upgraded Account will be billed from the date you elect, or convert to, an Upgraded Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. If you have a lifetime payment, you will not be subject to renewal payments. Webbycloud will automatically bill you each month or year on the anniversary of the commencement of your Upgraded Account. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Webbycloud may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are noncancelable and nonrefundable and no credits will be given for partially used periods.

Should you elect to increase your Upgraded Account to a larger amount of storage space, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis.

Webbycloud may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different form of payment or credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your “Account” page. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Account

Your Webbycloud Upgraded Account will continue in effect unless and until you cancel your Upgraded Account or we terminate it. You must cancel your Upgraded Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. Webbycloud will bill the monthly or yearly fees associated with your Upgraded Account plus any applicable tax to the credit card you provide to us.

You may cancel your Webbycloud Upgraded Account at any time, and cancellation will be effective immediately. If you wish to cancel your Upgraded Account you may do so via your “Account” page. Should you elect to cancel your Upgraded Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly or annual fees.

By signing up for a Webbycloud Upgraded Account and providing Webbycloud with your payment account information, you hereby agree to these payment terms and conditions.

Lifetime and Free Accounts

Webbycloud allows you to store a certain amount of data free of charge or a small upfront fee for lifetime service depending on the promotions. Webbycloud reserves the right to change the amount of free storage or terminate Free Accounts at any time. Webbycloud may, at times, award your account additional free storage through various promotions, such as a referral program. You must follow the rules and restrictions of any such promotion to be eligible for additional storage. All free storage on your Webbycloud account is subject to the same restrictions contained in these terms. Without limiting the generality of the foregoing, if a Free Account is inactive for a significant period of time, then Webbycloud may delete any or all of Your Files. At least 30 days notice will be provided to the associated email address(es) on a Webbycloud account in the event of changes to the amount of free storage, account termination for any reason other than abuse, or deletion of data due to inactivity.

Term and Termination

This Agreement is effective upon any use and remains in effect until your account is terminated. Terms which by their nature extend beyond termination shall survive termination of this Agreement.

Your right to use Webbycloud automatically terminates if you fail to comply with these Terms. Webbycloud reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will discontinue all use of the Products and that your access rights will immediately terminate.

If this Agreement terminates, other than for your failure to comply, Webbycloud will use commercially reasonable efforts to make your Data available for you by request only for a period of fifteen (5) calendar days. Webbycloud has no obligation to provide you with a copy of your Data and may remove and discard any Data.

Disclaimer of Warranties

THE PRODUCTS AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. WEBBYCLOUD AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS, SOFTWARE AND SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCT AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND WHERE THAT IS IN EFFECT, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WEBBYCLOUD, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WEBBYCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF WEBBYCLOUD, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED (i) US$25.00 IF NO AMOUNTS HAVE BEEN PAID BY YOU TO WEBBYCLOUD OR (ii) THE AMOUNT PAID BY YOU FOR WEBBYCLOUD IN THE THREE MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCT, FROM INABILITY TO USE THE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR BODILY INJURY OR THE LIMITATIONS ABOVE AND IN THOSE JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Export Restrictions

You acknowledge and agree that the Product which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo, sanctions or other restrictions by the United States government, you are not entitled to use Webbycloud.

Governing Law, Dispute Resolution, and Venue

THESE TERMS AND THE USE OF THE PRODUCT AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCT OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects Webbycloud.com Networks intent.

Entire Agreement and Assignment

This Agreement, which incorporates the Webbycloud.com Networks Webbycloud Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Products. Webbycloud.com Networks’ failure to enforce a provision is not a waiver of its right to do so later Any waiver of any provision of this Agreement will be effective only if in writing and signed by Webbycloud.com Networks

You may not assign or transfer any of your rights or obligations under this Agreement. Webbycloud.com Networks may freely assign its rights and obligations and this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.

Inquiries

All inquiries to Webbycloud about the Terms should be made by emailing webbycloud@webbycloud.com