Terms of Service

 

Terms for using our services

The present Service Agreement (hereinafter referred to as the "Agreement") illustrates the terms and conditions under which www.junocloud.me ("we" or "our" or "our company") offers our services to you ("User" or "You"). By joining, becoming a member of and/or registering for/or using our services you hereby agree to abide by the following terms.

Eligibility

Our services are only available to individuals and legal entities that are considered to be of good legal standing and can enter into legally binding agreements. By accepting these terms and conditions you hereby represent that you are at least 18 years of age (if an individual) or otherwise capable and duly authorized to enter into legally binding contracts (if a legal entity).

Our services

Subject to these terms and conditions we make available certain services to you. A "User" is defined as an individual or a legal entity that has either registered to use or is using our services. The term "User" is used in a broad sense and it is considered to include employees, agents, attorney persons and any other authorised representatives of the User. "Our Services" includes but is not limited to storage and file hosting, downloads and uploads of files. We offer you access to your files when you need them, wherever you are. We fully reserve the right at any time to change, amend, discontinue or modify in any manner we deem appropriate any of the services, which we offer.

You may use our services to upload content that has been created by you or for which you have received express and implicit permission to use from the content creator. Other users may view and download and or upload the said content. You hereby acknowledge that you are assuming all risk and liability for any content, which you upload and or download. To this extent you are hereby granting, transferring and assigning to us and our successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) such content. Such license will be used solely to enable us to make such content available through the services that we provide.

It is you who is solely responsible for the content you download, upload and store on our servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that we reserve the right to delete, move, archive (including account information) or edit any Content that it may violate this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at our sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.

You are solely responsible for maintaining the confidentiality of your access information, i.e. account ID's and passwords, and are responsible for all activities that occur under your account.

Ownership

You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by us or by our respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by us and/or our Third Party Providers. Elements of the Website are protected by trademarks and other laws and may not be copied or imitated in whole or in part. We, our logo and any of our products and services constitute our intellectual property and are our trademarks, which might be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.

User Information

You hereby represent and warrant that the information, which you provide in our contact information forms, is true, accurate, truthful, up to date and whole. If at any time, we find out that the information that you have provided is not accurate, out of date or deficient, we reserve the right to terminate your user account and this agreement between us. For more information on how we treat data, which we collect, please refer to our privacy policy.

Authorized persons

You may designate persons to act as your agents to use our services. This is on the condition that each designated authorised person has the legal capacity to enter into legally binding agreements on your behalf. You hereby expressly represent and warrant that each such authorised person registering under your account is your authorised agent and has the legal capacity to act so.

Access

You are solely responsible and liable for any and all access to and use of our services (which includes all activities and transactions) by any of our authorized users.

Data storage

You will be held solely liable and responsible for the data, which you store on to our servers. You are also assuming sole responsibility for archiving this data, and you are solely liable for any lost or irrecoverable data. You must hold and maintain all your data to comply with your legal obligations emanating from this agreement. Upon terminating this agreement you hereby acknowledge that we reserve the right to delete all your data. We hereby accept no liability in case some data will be maintained by us after deletion.

You hereby agree, represent and warrant NOT to:

  1. Upload, download, post, e-mail, transmit, broadcast or otherwise make available any content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or your ISP will be contacted;

  2. Harm minors in any way, this includes all and any form of child pornography; if any user is found to be involved in such an activity, your account will be permanently removed from the service, the content will be reported to the appropriate legal authorities and your ISP will be contacted without notice or delay;

  3. Upload, download, post, e-mail, transmit, broadcast or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

  4. Upload, download any content related to animals sex, violence, scat or any other illegal content.

Notifications

You hereby undertake to notify us immediately if you notice any activity that might indicate that your account or data is being used without authorization, including:

  (a) you receiving confirmation of an order or orders placed using your account which you did not place or any similar conflicting report; or

  (b) you become aware of any unauthorized use of any product or service related to your account(s).

Illegality

We neither sanction nor permit content or the transmission of data that contains illegal material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation or terrorism. We hereby reserve the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should you violate this policy, we will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about you, your site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal content.

Wrongful Conduct

You shall not commit or permit wrongful or damaging acts which justify civil action against us or you, including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

If any user, at any point manipulates or abuses the system by generating fake downloads, connecting through proxies in order to bypass limits or using any unfair practices will be automatically terminated and no funds will be released or returned.

Access and Interference

Violations or attempts to violate our systems or to interrupt our services are strictly prohibited, and may result in criminal and civil liability against you. Examples of system violations include, without limitation:

  (a) unauthorized access to or use of our services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without our express authorization; or

  (b) interference with the provision of our services to any user or network including, without limitation, flooding, or deliberately attempting to overload a system and broadcast attacks; or

  (c) the use of any device, software, or routine to interfere or attempt to interfere with the proper working of our services; or

  (d) any action that imposes an unreasonable or disproportionately large load on to our infrastructure. You hereby undertake not to decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying our services.

Infringements

Our services may solely be used to pursue lawful purposes. We have adopted a zero tolerance policy towards any infringement and as an ISP we strive to be in full compliance with all related international laws. We operate a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. As part of our copyright/intellectual property policy we reserve the right to terminate any user access if a user is established to be a repeat infringer.

Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using our services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. We reserve the right, in our discretion to terminate any and all of your transmission if we determine that these violate these policies or violate any law or regulation.

You acknowledge and agree that you are solely responsible for the content that you upload, download, store or share with others using our services (collectively "User Content"), and for the consequences of uploading, downloading, storing or sharing any User Content. You agree that you will not use our services to upload, download, store, or share User Content that you did not create or that you do not have permission to upload, download, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, download, store, or share your User Content. By uploading, downloading, storing, or sharing any User Content, you promise, undertake and warrant that doing so does not infringe any intellectual property rights of another person. You agree that you will not use our services or this site to post, transmit, publish, broadcast or share child pornography. Publish, broadcast or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in the termination of your account.

You understand and agree that we may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using our services is posted, delivered or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that we do not promise that User Content you upload, store, or share using our services will be maintained by us. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that we have no responsibility nor we accept any liability for the deletion of, or the failure to store or to transmit, any User Content. We fully reserve and retain the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of our services at our sole discretion and at any time, with or without notice.

We will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using our services. However, we reserve the right to review any such content and we further reserve the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from our services, and to prevent the uploading, storage, or sharing of any User Content. We do not endorse or support any User Content. We further do not guarantee the accuracy or reliability of any User Content. We also do not guarantee that User Content does not infringe third party rights, including intellectual property rights. Additionally we do not guarantee that User Content will not be harmful or offensive. We do not guarantee that User Content will comply with these terms and conditions. You hereby acknowledge and accept that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these terms and conditions, or that is otherwise objectionable, you may inform us immediately.

We permit the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that we cannot guarantee any confidentiality with respect to any uploads.

We allow and permit you to link to materials on this site for personal, commercial and non-commercial purposes only. We fully reserve the right to discontinue any aspect of this site at any time.

You shall be held solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:

  1. You own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and

  2. You will not upload, or allow anyone else to upload, any material in breach of these terms and conditions herein referred.

  3. You retain all of your ownership rights in your uploads.

In submitting material (video or other communication), you further agree that you shall not:

  1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;

  2. Publish falsehoods or misrepresentations that could damage us or any third party;

  3. Submit material that is obscene, illegal, unlawful, defamatory, libellous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  4. Upload any viruses.

  5. Impersonate another person. We do not endorse any user uploads or any opinions, recommendation, or advice expressed therein and we expressly disclaims any and all liability in connection with your uploads. We do not permit copyright infringing activities and infringement of intellectual property rights through our services and we will remove all content and user uploads if properly notified that such content or user uploads infringes on another's intellectual property rights. Additionally we reserve the right to remove content and user uploads without prior notice or delay. We will also terminate your access to our services, if it is determined that you are an infringer. We also reserve the right to decide in our sole discretion, whether your uploads are appropriate and comply with these terms and conditions or whether there are any violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive size. We may remove such of your uploads and/or terminate your access for uploading such material in violation of these terms and conditions at any time, without prior notice and at our sole discretion.

You understand and acknowledge that when using this site, you will be exposed to user uploads from a variety of sources and you further acknowledge that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user uploads. You further understand and acknowledge that you may be exposed to user uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against us with respect thereto and agree to indemnify and hold us, our owners, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that we, at our sole discretion have the right to refuse to publish, remove, or block access to any user uploads that is available via this site at any time, for any reason, or for no reason at all, with or without notice.

We provide this site as a service to our users. However, we assume no responsibility whatsoever for monitoring our services for inappropriate content or conduct. We assume no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user uploads of any such content. We may however review and delete any user uploads which in our discretion violate these terms and conditions or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with this site. You are solely responsible for the uploads that you make available to any third-party website or any other material or information that you transmit or share with other Users or unrelated third parties via the Website.

Termination of Accounts

By using this site and our services you agree that we are authorized to block your access and delete your files for any violation of our terms and conditions or for any other reason we deem appropriate.

We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment and discretion based upon a suspicion on our part or a notification we receive regardless of proof of infringement.

Your access to this site and our services will be terminated if, under appropriate conditions, you are determined to be a repeat infringer.

We solely reserve the right to decide whether any content or your uploads are appropriate and comply with these terms and conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, defamatory material, or excessive size. We may remove such user uploads and/or terminate such user's access for uploading such material in violation of these terms and conditions at any time, without prior notice and at our sole discretion.

Misuse

You hereby guarantee and undertake not to misuse system resources including, but not limited to, employing content which consumes excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on our servers.

No Warranty

You expressly understand and agree that:

  (a) your use of our services is at your sole risk. Our services are provided on an "as is" and "as available" basis. We and our suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We and our suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our services, software, or content;

  (b) we make no warranty that

     (i) our services will meet your requirements,

     (ii) our services will be uninterrupted, timely, secure, or error-free,

     (iii) the results that may be obtained from the use of our services will be accurate or reliable,

     (iv) the quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations, any errors in the software will be corrected;

  (c) any material downloaded or otherwise obtained through the use of our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;

  (d) any advice or information, whether oral or written, obtained by you from us or through or from our services shall create any warranty not expressly stated in these terms and conditions.

Indemnity

You agree to defend, indemnify and hold us, our officers, directors, employees and agents harmless from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of our services, or your breach of any terms of these terms and conditions or any other of our policies and/or terms of use.

Limitation of Liability

Your use of our services is at your own risk. If you are dissatisfied with any aspect of our services or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue the use of the services. You expressly understand and agree that we shall not be held 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 we have been advised of the possibility of such damages), resulting from:

  (I) the use or the inability to use our services;

  (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 our services;

  (III) unauthorized access to or alteration of your transmissions or data;

  (IV) statements or conduct of any third party on the service; or

  (V) any other matter relating to the provision of our services.

Amendments to these terms and conditions

Although we may attempt to notify you when any changes are made to these terms and conditions, you should also regularly review the most up-to-date version to be found on this site. We reserve the right, at our sole discretion to amend, modify, alter or revise these terms and conditions and any of our policies at any time, and you agree to be bound by such amendments, modifications, alterations or revisions. Nothing in these terms and conditions can be interpreted as conferring any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without giving any notice. We also reserve the right at any time to modify or discontinue any of our services either temporarily or permanently, with or without giving any notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of any of our services. You further acknowledge that we may establish additional general practices and impose limits concerning use of any of our services, including maximum disk space that will be allotted on our servers on your behalf and the maximum number of times (and the maximum duration for which) you may access our services in a given period of time. Further, you acknowledge and accept that we may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing user subscription.

Termination

Without limiting other remedies, we might immediately issue a warning and/or suspend (i.e., lock out access and operation of our services) either temporarily or indefinitely, or terminate a user's account and refuse to provide our services to the user if:

  (a) we believe that the user has violated or acted inconsistently with these terms and conditions, or any of our policies; or

  (b) the user has failed to pay fees or make other payments due to us; or

  (c) we are unable to verify or authenticate any information a user provides to us; or

  (d) we believe that a user's actions may cause legal liability for the user, ourselves, any other of our clients. We may also at any time and in our sole discretion discontinue providing our services, or any part thereof, with or without notice. You agree that any termination of your access to our services or any part therefore under any provision of these terms and conditions may be effected without prior notice and acknowledge and agree that we may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or our services. Further, you agree that we shall not be held liable to you or any third-party for any termination of your access to our services. Upon termination of this agreement by either yourself or us, all of your rights under these terms and conditions, and the provision of our services, will terminate immediately.

Refund Policy

Junocloud.me offers satisfaction guarantee. However, any customer who comes across any technical problems with their chosen subscription they could contact our customer support at support@junocloud.me within 3 days from their subscription date or after the problem appears. If the problem cannot be fixed by our technical team on the same day then a refund will be given proportionately for the remaining period of the subscription. All refunds will be credited to the credit card, which was originally used for the purchase of the service.

Miscellaneous

Whether lawful or unlawful, we fully reserve the right to determine what might be detrimental to our users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying our services. Please be aware that we reserve the right to cancel any account or transmission that we might find in violation of any of the above terms and conditions and our policies. If it is deemed appropriate, we will refer complaints to law enforcement authorities, and in such case, we will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering user accounts and data information. Complaints about violators of our terms and conditions or any of our policies should be sent via e-mail to abuse@junocloud.me. Each complain will be investigated and may result in immediate cancellation of any of our services without prior notice.

These terms and conditions will be governed by and construed in accordance with the Laws of Hong Kong, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these terms and conditions or your use of this site will be brought in Hong Kong and you submit to the venue and jurisdiction of such court. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by any user or others does not waive our rights to act with respect to subsequent or similar breaches. No action by any user arising under these terms and conditions or any of our policies may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

Both you and ourselves are strictly independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms and conditions or any of our policies.

Operation of our services may be interfered by numerous factors outside of our control and we cannot be held liable to you for any delay or failure in performance under these terms and conditions resulting directly or indirectly from causes beyond our control.

Confidentiality and non-disclosure

You represent and warrant to us that you are not a competitor and that you shall keep publicly unannounced information and materials pertaining to our company, operations, pre-release software, testing or testing procedures that might come to your attention strictly confidential and you shall not use any information gained from access to this site or use of our services to compete with us in our business and/or services.