Terms and Conditions - Cloud Computing Services
These Terms and Conditions ("Agreement") govern the use of cloud computing services provided by OxyCloud ("Provider") to its business-to-business ("B2B") customers ("Customer"). By accessing or using the Provider's Infrastructure-as-a-Service (IaaS), S3 Storage, and Managed Kubernetes services ("Services"), the Customer agrees to be bound by this Agreement.
Acceptance of Terms
1.1 By accessing or using the Services, the Customer agrees to be legally bound by this Agreement and all applicable laws and regulations.
1.2 If the Customer does not agree with any part of this Agreement, they must not access or use the Services.
Services
2.1 The Provider will provide the Customer with access to the following services:
a) Infrastructure-as-a-Service (IaaS): Provision of virtualized computing resources including virtual machines, storage, and networking.
b) S3 Storage: Provision of scalable, durable, and secure object storage for the Customer's data.
c) Managed Kubernetes: Provision of a managed Kubernetes cluster for container orchestration and deployment.
Account Setup and Security
3.1 The Customer must provide accurate and complete registration information when setting up an account.
3.2 The Customer is responsible for maintaining the security of their account credentials and for all activities that occur under their account.
3.3 The Customer must promptly notify the Provider of any unauthorized use of their account or any other security breaches.
Usage and Restrictions
4.1 The Customer agrees to use the Services in compliance with all applicable laws, regulations, and this Agreement.
4.2 The Customer agrees not to:
a) Use the Services for any illegal, unauthorized, or unethical purposes.
b) Interfere with or disrupt the integrity or performance of the Services or the Provider's infrastructure.
c) Attempt to gain unauthorized access to the Services or any other accounts, systems, or networks.
Data Privacy and Security
5.1 The Provider will take commercially reasonable measures to protect the Customer's data stored or processed using the Services.
5.2 The Customer is responsible for ensuring the security and integrity of their data transmitted to or stored in the Services.
5.3 The Provider may collect and process personal data in accordance with applicable data protection laws and its Privacy Policy.
Service Level Agreement (SLA)
6.1 The Provider will make commercially reasonable efforts to ensure the availability and performance of the Services as described in the SLA, if applicable.
6.2 The Customer's sole remedy for any breach of the SLA is as outlined in the SLA.
Billing and Payment
7.1 The Customer agrees to pay the fees for the Services as specified in the Provider's pricing or agreement.
7.2 The Customer is responsible for all applicable taxes, and the Provider will invoice the Customer accordingly.
Termination
8.1 Either party may terminate this Agreement for convenience by providing written notice to the other party.
8.2 The Provider may terminate or suspend the Services immediately if the Customer breaches this Agreement or engages in any prohibited activities.
Limitation of Liability
9.1 The Provider shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the Services.
9.2 The Provider's total liability under this Agreement shall be limited to the total fees paid by the Customer for the Services during the six (6) months preceding the event giving rise to the liability.
Governing Law and Jurisdiction
10.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Provider is located.
10.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the same jurisdiction.
Entire Agreement
11.1 This Agreement constitutes the entire agreement between the Provider and the Customer regarding the Services and supersedes any prior agreements or understandings.
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