ReadyCloud Terms of Service
By using the ReadyCloud.com website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ReadyCloud LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that change or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: readycloud.com/terms-of-service.
By checking the box or clicking the button next to a link to these terms on any of our sign-up pages, by logging in to your ReadyCloud account, by accessing the Site or by accessing any of the Products (including by means of any API interface), you accept this Agreement on behalf of yourself and any business or organization you represent (collectively, “you”).
Minimum Age and Ability to Bind
The Site and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, individuals under the age of 18 are not authorized to use the Site or the Products. If you are using the Site or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Products.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and you agree to update such information if it changes.
For purposes of this Agreement, you are the “Account Owner” and any other users you authorize will be deemed “Authorized Users.” You will be responsible for each Authorized User’s use of your ReadyCloud account and each Authorized User’s compliance with this Agreement.
Username and Password
You are responsible for maintaining the security of your ReadyCloud account, passwords and files (including the passwords and files that your Authorized Users, if any, have access to). We will accept the instructions of any individual who claims to be authorized to direct changes to your ReadyCloud account so long as such person presents the Account Owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone.
We have no knowledge of your organizational structure, if you are registering for the Products as an organization, or your personal relationships, if you are a person. You will be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse your business data or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your ReadyCloud account or any other breach of security.
You may access your ReadyCloud account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses ReadyCloud, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that ReadyCloud shall not be 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 ReadyCloud has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to ReadyCloudvia the API may result in the temporary or permanent suspension of your account’s access to the API. ReadyCloud, in its sole discretion, will determine abuse or excessive usage of the API. ReadyCloud will make a reasonable attempt via email to warn the account owner prior to suspension.
- ReadyCloud reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Communication with You
We reserve the right to send messages to you to (a) inform you of changes or additions to the Site, the Products or this Agreement, (b) to inform you of violations of this Agreement or actions relating to your privilege to access and use the Site or the Products, (c) to inform you of any other matter related to the Site, the Products or this Agreement or (d) for marketing and other purposes. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Authorized Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved or even if retained and retrievable will be made available to you.
By entering into this agreement, you acknowledge that we may contact you via telephone (either by a live person, automatic dialer, prerecorded message or a combination of the foregoing) to discuss the products and you consent to such contact. Further, you consent to receive such phone calls at the telephone number you entered on the site. You do not need to agree to this provision in order to use the Site or purchase the Products and if you would like us not to contact you by telephone, please send an email to: [email protected].
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- If you initially sign up for an account other than the ReadyCloud Basic account, and you don’t cancel that account within 14 days, you will be billed monthly starting on the 14th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 14th day, you will not be charged.
- An upgrade from the complimentary Basic account to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused regardless of whether the account is open, closed, cancelled or otherwise. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ReadyCloud does not accept any liability for such loss.
Cancellation and Termination
- Cancellation requests must be submitted by email. Send your formal request to [email protected]. You must include your name, company name, business email and phone and reason for cancellation.
If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately.
- ReadyCloud, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ReadyCloud service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the deletion of all content in your Account.
- ReadyCloud reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- ReadyCloud reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30-days of notice from us. Such notice may be provided at any time by posting the changes to the ReadyCloud Site (ReadyCloud.com) or the Service itself.
- ReadyCloud shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Trademark Information
The Site and the information it contains are the property of ReadyCloud and, in some cases, its affiliates and licensors, and are protected by United States and international intellectual property laws. “ReadyCloud” and the ReadyCloud logo are registered trademarks of ReadyCloud LLC.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders.
- You understand that ReadyCloud uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ReadyCloud, or any other ReadyCloud service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ReadyCloud.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ReadyCloud customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by ReadyCloud) of other ReadyCloud customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- ReadyCloud does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that ReadyCloud shall not be 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 ReadyCloud has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of ReadyCloud to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ReadyCloud and govern your use of the Service, superseding any prior agreements between you and ReadyCloud (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at: [email protected].