1 Cobalt Cloud are an Internet services provider and provide services made available at our website www.cobaltcloud.co.uk, subdomains and related sites, which enable users, amongst other things, to encrypt by way of user controlled encryption, use our application interface, upload, store, manage, download and decrypt files, information, material and other data and give access to that data to others. If you have questions about how to use our services please read our FAQ.
2 These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. These terms should be read in conjunction with our Acceptable Use Policy. By using our services or the website, you irrevocably agree to these terms. If you do not like these terms or do not want to be bound, you cannot use our services and the website.
3 We reserve the right to amend these terms at any time and we will provide you with notice of any changes, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.
4 If you comply with these terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our service via the website in accordance with these terms and any plan you have subscribed for.
5 If you allow others to access your data or give them a link to that data, in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
6 Our service includes controlled encryption. You should keep your encryption keys safe and confidential and not release them to anyone unless you wish them to have access to your data. If you lose or misplace your encryption keys, you will lose access to your data. We strongly urge you to use robust anti-virus and firewall protection.
7 You must maintain copies of all data stored by you on our service. We do not make any guarantees that there will be no loss of data or the services will be bug free. You are completely responsible to remove all data prior to termination of services.
8 Our service may automatically delete a piece of data you upload or give someone else access to where it determines that that data is an exact duplicate of original data already on our service. In that case, you will access that original data.
9 We will store your data on our service subject to these terms and any plan you subscribe to. If you choose to stop using our services, you need to make sure you retrieve your data first because, after that, we may, if we wish, delete it. If we suspend our services to you because you or someone you have given access to has breached these terms, during the term of that suspension, we reserve the right to deny you access to your data. If we terminate our services to you because you or someone you have given access to has breached these terms, we reserve the right to delete your data immediately. In circumstances where we cease providing all our services for other reasons, we will, if reasonably practicable and we are not prevented by law from doing so, give you 30 days access to retrieve your data.
10 Once you have purchased a plan for our services, you need to pay the fees for that plan. We can also change the fees for our services at any time if we give you notice. You are not permitted to withhold payment for any reason or claim any set-off without getting our written agreement.
11 If at any time you do not make a payment to us when requested (including on termination), we reserve the right to charge interest on any amount you owe us at 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you. You will also need to pay all expenses and costs (including our legal costs) in connection with us trying to recover any unpaid amount from you.
12 You must make sure you supply us with and keep up-to-date your correct contact and billing details, particularly if these change. You need to comply with these terms and any other agreements you have with us. You are obliged to make sure that you comply with all laws and rules that relate to your use of the website, the service and any data you upload to our service.
13 The license that we give you to use the website and our services does not give you the right to reproduce or use any of our copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code are all referenced in our FAQ.
14 You are not allowed to, and you cannot let anyone else, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our copyright, intellectual property or other rights without first getting our permission in writing, unless in order to use our services and the website or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code are all referenced in our FAQ.
15 You own, or warrant that you are authorised to use, any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from, our service. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available, your data, for the purposes of enabling you and those you give access to, to use the website and the services and for any other purpose related to provision of the services to you.
You are not permitted to:
16.1 assign or transfer any rights you have under these terms to any other person without getting our written agreement;
16.2 do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else's use of our website or a service including but not limited to denial of service attacks or similar;
16.3 infringe anyone else's intellectual property (including but not limited to copyright) or other rights in any material;
16.4 resell or otherwise supply our services to anyone else without our prior written consent;
16.5 use our website or a service, including, without limitation, any communication tools available through the website that we provide:
16.5.1 to store, use, download, upload or otherwise transmit, data in violation of any law (including to breach copyright or other intellectual property held by us or anyone else);
16.5.2 to send unwarranted communications of any kind (including but not limited to unlawful unsolicited commercial communications or spam) to anyone;
16.5.3 to abuse, defame, threaten, stalk or harass anyone;
16.5.4 to store, use, download, upload or otherwise transmit, illegal, unsuitable, offensive, obscene or discriminatory information of any kind;
16.5.5 to run any network scanning software, spiders, spyware, robots, open relay software or similar software;
16.5.6 to upload anything or otherwise introduce any spyware, viruses, worms, Trojans, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network or computer system;
16.5.7 to use any software or device which may hinder the services;
16.5.8 to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access or to try to trick or defraud anyone for any reason.
17 If you register with us, we will provide you with a password to associate with your specific username. You need to make sure your username and password are secure and confidential. You need to inform us immediately if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your username and password.
18 We respect the copyright of others and require that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, email, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
19 You can terminate your access to the website and our services at any time by sending an email to firstname.lastname@example.org requesting termination. Please note we will not provide any part-refund for any time not used on any subscription you may have.
20 We can immediately suspend or terminate your access to the website and our services without notice to you if you breach any of these terms or any other agreement you have with us. If you are not a registered user, we may suspend or terminate your access to website and our service at any time, without notice to you.
21 We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason or no reason.
22 All charges outstanding on your account must be paid at termination.
23 As with any other web-based forum, you must exercise caution when using any communication tools available on the website. However, while we are not obligated to, we have the right to remove any communication at any time, for any reason or no reason, without any liability to you.
24 You may not use, export, re-export, import, or transfer any software or code supplied as part of your use of the website or our services:
24.1 into any United Kingdom embargoed countries; or
24.2 to anyone listed as a specifically prohibited recipient by the United Kingdom Government.
By using the website and our services, you represent and warrant that you are not located in any such country or on any such list. You also will not use the website or our services for any purpose prohibited by United Kingdom law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
25 If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
26 We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
28 We do not give you any warranty or undertaking about the services or the website which are provided "as is". To avoid doubt, all implied conditions or warranties are excluded as much as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, safety, reliability, durability, title and non-infringement.
29 We will try to give you access to our website all the time, but we do not make any promises or provide you with a warranty that our website or the services will be without any faults, bugs or interruptions.
30 Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the website or services may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.
31 Information on our website is subject to change. We will try to keep our website up to date and correct, but we do not make any promises or guarantees about the accuracy of the information on our website.
32 We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the services meet the needs of your business or otherwise and are suitable for the purposes for which they are used.
33 We also are not legally responsible for:
33.1 any corruption or loss of data or other content which you or anyone else may experience after using our website, or any problems you may have when you view or navigate our website;
33.2 devices or equipment that we do not own or have not given you;
33.4 any actions or non-actions of other people which disrupt access to our website including the content of any data;
33.4.2 content of ads appearing on our website (including links to advertisers' own websites) as the advertisers are responsible for the ads (we don't endorse the advertisers' products);
33.4.3 content of other people's websites even if a link to their website is included on our website (we just include the links for convenience to you).
34 You warrant that if you are accessing and using the services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction do not apply to the supply of the services, the website or these terms.
35 The author(s), owner(s), publisher(s), and administrator(s) of this website (and associated websites/servers), and applicable intellectual-property owner(s) disclaim any and all liability and in no event will any of those parties be liable to you or to any other party for any damages, including, but not limited to, any direct, indirect, general, special, incidental, punitive, exemplary, or consequential damages (including, but not limited to, any losses sustained by you or third parties, procurement of substitute services, or business interruption), whether in contract, strict liability, tort (including negligence) or otherwise, arising out of any use of this website (or associated websites/servers) or the content thereof or of any third-party website linked in any way from this website (or from associated websites), even if such damages (or the possibility of such damages) are/were predictable or known to any author, owner, publisher, administrator, or any other party.
36 We reserve the right to disclose data and other information as required by law.
38 You can contact us by writing to email@example.com. If we need to contact you or provide you with Notice we will email you at the email address you gave us when you set up your access to the services.
39 Employees, officers, agents, authorised suppliers of services to and authorised resellers of, our services, are entitled to the benefit of all indemnities and other provisions of these terms which are for the benefit of Cobalt Cloud.