Cloud Storage Terms of Service

 

 

These Terms of Use (“Terms”) apply to the use of the Simulant Nextcloud Yorkshire Cloud Storage (“Service”) by you (“you” or “Customer”). The Service is provided by www.yorkshire.cloud and www.yorkshire.hosting as Simulant Systems Ltd (aka Simulant) and Yorkshire Cloud Storage. IF YOU WISH TO USE the Service, YOU MUST AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, ANY USE OF the SERVICE IS UNAUTHORIZED, AND YOU SHOULD STOP ACCESSING THE SERVICE IMMEDIATELY. YOUR CONTINUED USE OF THE SERVICE WILL CONSTITUTE ASSENT TO THESE TERMS. You represent that: (a) you have full legal capacity to contractually obligate yourself to these Terms; (b) you have read, understood and accepted these Terms; and (c) you have not violated these or other terms provided by Simulant, ownCloud or Nextcloud previously.

 

USER CLOUD ACCOUNTS

To use the Service you need to set up a Simulant Yorkshire hosting and Yorkshire Cloud Storage account. You may set up a free account, a paid account, a multi-user account or business account.

 

FREE CLOUD ACCOUNT

Free Simulant Yorkshire Cloud Storage accounts are available for individuals, business customers and organisations based in the region of Yorkshire, United Kingdom. The Free plan is provided free of charge with a limitation in storage capacity and features. Simulant reserves the right to apply other limitations on Free accounts. A Free Yorkshire Cloud Storage account may be terminated by Simulant if it has been inactive for a period of six months or longer. A Free account holder may upgrade to a Premium/Paid or Business account.

 

PREMIUM/PAID & BUSINESS CLOUD ACCOUNTS

Premium Yorkshire Cloud Storage accounts are paid subscription accounts available for individuals and businesses with additional features that might not be available with Free accounts. The Premium or Paid Yorkshire Cloud accounts are provided days prior to the current subscription period ends with selected storage capacity. Premium Yorkshire Cloud Storage accounts have an initial term of one month and will be automatically renewed for an additional identical subscription period unless the user cancels or terminates the paid subscription before the next invoice generation. The User’s bank account will be charged automatically when a subscription is renewed. The user can choose to buy a monthly, quarterly, semi-annually, annually, biennially or triennially subscription plan, depending on type of product. All payments are non-refundable. The user can change his Subscription at any time. The cancellation of the services has to be done from https://www.yorkshire.hosting/portal/clientarea.php and clicking to cancel their service or submitting a support ticket request. The products and services are cancelled only at the end of the billing cycle. Free plans may be used for testing purposes prior to a Premium or Business purchase.

 

USE OF SERVICE

The Yorkshire cloud storage system consists of the client software ("Client Software"), the websites ("Website") and the network ("Network"). It enables its users to store and access files over the Internet, and to share them with selected other users. The Client Software and the Website can differ in features and appearance, depending on which Service (the "Product") is used and the used system. Subject to these Terms, Simulant agrees to provide the Service to Customer. Simulant has no access to your password, does not know it and cannot reset or recover it. You acknowledge that if you forget your password, your Data will be irrevocably lost. Depending on the Product, the Client Software can consist of one or more different programs running on your PC and/or other devices. These programs can come pre-installed on your device or might need to be downloaded and installed by the Customer. You are responsible to keep the Client Software up to date. For some programs or pieces of the Client Software, updates are performed automatically. In other cases, you may need to download and install the latest version of the Client Software or the complete firmware of the device to keep the Client Software up to date. If the Client Software is not kept up to date, the Service may cease to be available or may not properly perform. As part of the evolution of the Service, Simulant may discontinue, modify or add new features to the Service without prior notice to you

 

CUSTOMER OBLIGATIONS AND RESPONSIBILITIES

Customer shall use the Service in compliance with all applicable laws, including without limitation the laws of the United Kingdom and the European Union, and in accordance with such usage policies and guidelines as Simulant may establish from time to time. Usage policies and guidelines are published on the Website. Without limiting the foregoing, in connection with Customer’s use of the Service, Customer shall not: (a) use the Service to change, damage, delete or edit Data without authorisation; (b) attempt to access the Service with unauthorised software; (c) use the Service in a way that infringes the intellectual property, privacy or other rights of third parties or otherwise causes damage to any third party; (d) use the Service, directly or indirectly, to offer any service that competes with the Service; (e) use the Service to gain unauthorised access to files stored on the Network by other users; (f) use the Service to gain unauthorised access to any other computer or network; (g) use the Service to facilitate any mass mails, spam, chain letters, snowball systems, or similar communications, regardless of whether they are commercial in nature; (h) store or transmit any software or data containing any virus, malware, worm, trap-door, Trojan Horse, spyware or other software or program code that is malicious in nature; (i) misrepresent Customer’s identity, including without limitation by representing that Customer is a Simulant employee or representative or another user of the Service; (j) use the Service to collect, store or transmit personal data of any person without such person’s consent; (k) or participate in any group that encourages violation of Simulant’s terms and policies; (l) send us untruthful abuse reports; (m) fraudulently gain or attempt to gain access to the Network; or (n) gain or attempt to gain cloud storage resources the Customer is not entitled to, including without limitation the use of a promotional code Customer is not eligible to use or the creation of multiple user accounts for the purpose of gaining additional cloud storage. Customer shall bear responsibility for all activities conducted under Customer’s account, whether by Customer or a third party. Simulant does not monitor the data stored or distributed through use of the Service, and assumes no responsibility for such data. Customer acknowledges that in using the Service, Customer may be exposed to content which Customer may find to be insulting, offensive, or otherwise objectionable. Customer waives any claim against Simulant, its affiliates, and their officers, directors, agents, and employees based upon the content of data stored or distributed through use of the Service. Customer agrees to maintain the accuracy of Customer’s account details at all times. Simulant will use the email address specified in your account details or suitable means of communication within Nextcloud to inform you about legally binding declarations (for example modifications of these Terms, blocking/cancellation etc.) or send you other notices. It is your responsibility to regularly check your email account for new emails and to make sure emails from Simulant or the Yorkshire Cloud storage website can pass your spam and/or other filters. ANY COMMUNICATIONS FROM SIMULANT TO CUSTOMER SHALL BE DEEMED GIVEN IF SENT TO CUSTOMER AT THE EMAIL ADDRESS SPECIFIED IN THE CUSTOMER’S ACCOUNT DETAILS, INCLUDING WITHOUT LIMITATION ANY AMENDMENTS TO THESE TERMS AND ANY NOTICE THAT CUSTOMER’S ACCOUNT WILL BE BLOCKED OR CANCELLED. It is the Customer’s responsibility to choose a secure password, to retain the password, and to maintain the password’s security. In case the password is lost, all data stored online becomes inaccessible and cannot be recovered. Customer shall refrain from any activity which interferes or may interfere with the efficiency of the Service (for example through software or other scripts). This includes without limitation excessive use of the Service or using the Service in ways for which it is not intended.

 

ABUSE

If Simulant becomes aware of a misuse of the Service or any violation of these Terms, it may in its sole discretion: (a) inform involved users; (b) request a response from involved users; (c) block the data concerned; (d) delete the data concerned; (e) block the responsible user; (f) block or delete involved groups; (g) terminate Service to the responsible user without notice; (h) inform affected private parties and/or competent authorities; (i) release data to government authorities and/or private right holders; (j) take any suitable action to eliminate the misuse if applicable; (k)

 

NOTICE AND TAKE DOWN

Simulant is not responsible for content voluntarily made available through public links by you. Sharing of content is solely controlled by the account holder, that is you. If such public links contain content that violate the law or infringe copyrights or trademarks, Simulant keeps the rights to take down such content. In the event of notice and takedown requests by copyright or trademark holders, Simulant will notify you to take the necessary action. If no action has been taken within 7 days from the notice or within the copyright owner's deadline, Simulant will block the content to the public.

 

CHANGES TO THIS POLICY

Please note that this Privacy Policy may change anytime. Your privacy will not be reduced without your consent. Your continued use of the Yorkshire Cloud Storage service constitutes your agreement to this Privacy Policy and any amendments.

 

PRIVACY POLICY

The customer and Simulant are bound by the privacy policy of the Service. Simulant shall comply with applicable laws and regulations regarding data privacy. Customer agrees that Simulant may transmit any data stored by Customer to a third party if Simulant believes in good faith that it is required to do so in order to: (a) comply with any law or order issued by any legal authority; (b) avoid infringement of the rights of a third party; or (c) protect the property of Simulant or the personal safety of its users and the public. Please make sure you have acknowledged and read our full Privacy Policy from the Simulant Systems Ltd website and are completey aware of its contents before using this website or service.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL SIMULANT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY (INCLUDING FOR THE CONDITION, EXISTENCE, OR LOSS OF DATA SENT TO SIMULANT OR THE DATA SIMULANT RECOVERS) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS ON THE LEGAL THEORY ON WHICH THE CLAIM IS ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT). Some states, regions and Countries under local governing law do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Simulant will not be liable to Customer or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labour disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond Simulant’s reasonable control. Customer agrees that the sole and exclusive remedy for unsatisfactory services shall be termination of the Service. SIMULANT’S LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY NEGLIGENCE ON ITS PART, SHALL BE LIMITED TO THE AMOUNT CUSTOMER HAS PAID SIMULANT FOR THE SERVICES FOR THE THEN CURRENT TERM OF SERVICE.

 

MODIFICATIONS

CUSTOMER AGREES THAT SIMULANT SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME AND THAT ANY SUCH AMENDMENT SHALL BE EFFECTIVE AS OF THE EARLIER OF THE DATE SIMULANT SENDS CUSTOMER AN EMAIL TO THE ADDRESS SPECIFIED IN THE CUSTOMER'S ACCOUNT DETAILS OR THE DATE SIMULANT OTHERWISE NOTIFIES CUSTOMER OF THE CHANGE (E.G., BY DISPLAYING THE NOTICE IN THE CLIENT SOFTWARE). NOTWITHSTANDING THE FOREGOING, IF CUSTOMER HAS PURCHASED STORAGE AND IS USING SUCH ADDITIONAL STORAGE AT THE TIME OF THE CHANGE, CUSTOMER MAY OBJECT TO ANY CHANGE IN THESE TERMS BY PROVIDING SIMULANT WITH NOTICE WITHIN 10 DAYS OF THE DATE OF THE NOTICE TO CUSTOMER. UPON RECEIPT OF SUCH OBJECTION, SIMULANT SHALL, AT ITS OPTION, HAVE THE RIGHT TO: (A) TERMINATE THE SERVICE AND REFUND TO CUSTOMER A PRO RATA PORTION OF ANY FEES CUSTOMER HAS PAID FOR STORAGE NOT YET USED; OR (B) CONTINUE TO PROVIDE THE SERVICE PURSUANT TO THE TERMS IN EXISTENCE PRIOR TO THE CHANGE, IN WHICH EVENT THE CHANGE WILL BECOME EFFECTIVE UPON ANY RENEWAL OF THE SERVICE BY CUSTOMER.