AIONCLOUD Terms of Use

These Terms of Use (“Terms of Use”) outlines uses of AIONCLOUD Service (the “Service”) between Client and AIONCLOUD or an authorized seller of the Service (“AIONCLOUD”). These Terms of Use prohibits uses and activities involving the Service that are illegal infringe the rights of others, or interfere with or diminish the use of the Service by others. Client agrees to the terms hereof by clicking on “Accept” button before use of the Service. If Client does not agree to all of these terms, Client shall discontinue any use of the Service immediately. These Terms of Use are subject to change without notice.

Article 1. Right to use the Service

Under these Terms of Use, Client is granted a nonexclusive, non-transferable, non-sublicensable, revocable, limited right to access and make use of the Service for Client’s internal purposes. Client agrees not to (a) sell, lease, transfer or share any of its rights with or to any third-party; (b) modify, alter, reverse or translate the Service; (c) prohibit any uses and activities that are illegal under applicable law

Article 2. Trademarks and license to access the Service

AIONCLOUD, the AIONCLOUD logo and other AIONCLOUD graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or other trade dress of AIONCLOUD or its subsidiaries. AIONCLOUD’s trademarks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. Client may not be used in connection with any service that is not AIONCLOUD’s, in any manner without AIONCLOUD’s permission.
In consideration for accessing the Service, the license granted to Client are limited to those expressly stated in these Terms of Use. This license prohibits downloading or modifying any portion of it, except with express, written consent of AIONCLOUD. This license prohibits resale of AIONCLOUD’s service without AIONCLOUD’s written permission. Any unauthorized use automatically terminates the permission or license granted by AIONCLOUD and may incur legal liabilities for any damages.

Article 3. Access Requirement

Except as set forth herein, Client is solely responsible for acquiring and maintaining all of the equipment, software and services necessary to access and make use of the Service, including all fees and other costs related to internet access and for configuration changes that may be required to route activity to the Service. Client may access the Service only through the interfaces and protocols provided or authorized by AIONCLOUD and its partners and agrees to set up, maintain and use the Service in strict compliance with AIONCLOUD’s and its partners’ instructions. Client hereby agrees to ensure that all traffic will be rerouted to the applicable IP address as set forth in the applicable AIONCLOUD set up procedure and any applicable internet registrar procedures. As the Service requires DNS change, Client will be solely responsible for rerouting its DNS traffic back to its IP address after expiration or termination of any service, and AIONCLOUD, its partners and suppliers shall not be responsible for Client’s failure to do so.

Article 4. Protection Information

Upon registration and/or use of the Service, Client shall be required to provide certain information including user name, password and billing information. Client agrees to provide true, accurate and current information. Client is solely responsible for maintaining the confidentiality of certain information required to access the Service including and to immediately notify AIONCLOUD of any unauthorized use of Client’s account. Client is solely responsible for any information it provides in connection with the Service and its use thereof. Client agrees to AIONCLOUD’s use of such information in accordance with AIONCLOUD’s privacy policy and warrants that it has all rights and permissions necessary to transfer such information to AIONCLOUD for its service.

Article 5. Restriction

Client agrees that it will not:

  • Undertake or accomplish any unlawful purpose including posting, storing, disseminating or transmitting information, data, and materials which violate any local, national or international law, order, regulation;
  • Violate all ICANN rules and regulations;
  • Transmit and use any patent, trademark, trade secret, copyright, or other proprietary rights of any party, without obtaining any required license or permission of the owner;
  • Collect very large numbers of e-mail addresses, screen names, or other identifiers of others;
  • Interfere or disrupt the Service or servers or networks connected to the Service;
  • Interfere with computer networking or telecommunications service to any user, host or network;
  • Distribute software viruses or any other malicious code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or devices;
  • Distribute programs that make unauthorized changes to software;
  • Use or distribute tools or devices designed or used for compromising security or whose use;
  • Transmit any spam, unsolicited bulk or commercial messages in violation of any applicable laws.

Article 6. Record of Client

Client acknowledges that the Service monitor the traffic to Client’s website and may cache on its servers content and/or meta data contained in Client’s website and/or send to Client’s website (“Client’s Content”) for providing optimization service. Client agrees that AIONCLOUD and its partners a nonexclusive, royalty-free license to use, transfer and display Client’s Content. Client acknowledges that may use Client’s Content to improve the Service and is not offered for other purposes. AIONCLOUD does not keep a copy of Client’s Content. If the Service is terminated or not renewed, AIONCLOUD may deny access to any of Client’ Content or delete without notice. AIONCLOUD will not disclose Client’s Content to third party.

Article 7. Disclaimer or warranties and limitation of liability

AIONCLOUD and its suppliers makes no representation or warranties of any kind, express or implied, as to the operation of the Service, the effectiveness of the Service, or the information, content, materials, or the Service. AIONCLOUD disclaims all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. In any event AIONCLOUD shall not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of profits, revenue, use, data, procurement of substitute good or service, or business interruption. However caused and on any theory of liability, whether in contract, tort arising in any way out of use of the Service, even AIONCLOUD has been advised of the possibility of such damage.
AIONCLOUD makes reasonable efforts, but does not warranty that AIONCLOUD are free or viruses or other harmful component. AIONCLOUD will have no liability for any damages of any kind arising from the use of the Service including, but not limited to direct, indirect, incidental, consequential, or special damages.

Article 9. Confidentiality

Client agrees to keep any and all confidential information and propriety information in confidence. Except where such confidential information and propriety information becomes public knowledge, Client shall not disclose such confidential information or otherwise use it except as necessary to fulfill its obligation or exercise its express right between Client and AIONCLOUD.

Article 10. Termination

Under these Terms of Use, Client agrees that AIONCLOUD may, under certain circumstances and without prior notice, immediately terminate Client’s account and/or the Service; if (a) violations of the Terms of Service or other agreements or guidelines that provided by AIONCLOUD; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Service (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement in illegal activities; (g) having provided false information as part of Client’s account; (h) any use of the Service deemed at AIONCLOUD’s sole discretion to be prohibited; (i) use of fraudulent payment methods; and/or (j) nonpayment of any fees owed by Client in connection with the Service.

Article 11. Assignment

These Terms of Use and any right related thereto shall not be transferred or assigned by Client without AIONCLOUD’s written consent, but shall be assigned by AIONCLOUD without restriction.

Article 12. Settlement of Dispute and Governing Law

These Terms of Use and any action related thereto shall be interpreted and governed by the laws of Korea. All disputes, controversies, or differences which may arise between the parties, out of or in relation to or in connection with the Terms of Use, shall be finally settled by arbitration in Seoul, Korea in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board.

Article 13. Waiver and Severability

The failure of AIONCLOUD to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms of Service shall be held to any extent to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.