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Terms and Conditions
Terms and Conditions
Last Updated: 03/16/2021Please carefully read the following Terms of Service before registering for and using the IDrive Compute Service.
By registering for an IDrive Compute account you or the entity you represent ("you" and "your") agree to be bound by these Terms of Service (the "Terms"), which govern your access to and use of the IDrive Compute Service (the "Service") offered by IDrive Inc. ("we", "us" or "our"). Some applications of the Service may implement open source code released under the GNU General Public License ("GPL"). Please carefully read the GPL as well as our Service Level Agreement and Privacy Policy, which are incorporated into these Terms.
If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
1. Your Account
You agree to provide us with accurate and complete information when you create an IDrive Compute Account (your "Account"). In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details confidential and not share them with anyone else.
You, as the Account holder, are solely responsible for access to, content in or sharing and use of your Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify [email protected] immediately.
2. Conditions of Use
By using the Services, you agree that you:
(a) are solely responsible for obtaining sufficient rights to the content of all instances and block storage volumes created by you with your IDrive Compute account;
(b) will not violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy;
(c) will not use the Services to sell and/or distribute digital content to others. (The Services are not for storing and disseminating large amounts of data to large number of recipients or for dissemination of digital content for commercial purposes, and we may use procedures, which may vary from time to time, to detect unacceptable levels of usage and may immediately disable offending accounts based on detected misuse. We are not responsible for any business interruptions that may be caused due to this process); and
(d) will not access or attempt to access the Services by any means other than those provided on the IDrive Compute website or by an authorized third party.
If there is suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, we reserve the right to examine the content. We may also access the account, linked instances, and data and files on them for support-related activities. We normally do not review, inspect, edit or monitor any instance and block storage volume, its content, data or files stored by you or any other user of the Service. We reserve the right to refuse, remove or disable access to any instance hosted on our server, its data and files with immediate effect that we determine may be illegal, may violate these Terms, may violate the rights of any third party or otherwise may be reasonably objectionable. For absolute privacy, we strongly recommend our users to use all the security features offered with all IDrive Compute accounts at no additional cost.
3. Registration Information / Privacy
You agree to promptly notify us of any change in the information you provided during your registration for the Services (including, without limitation, any change in your mailing address, telephone numbers, or email address). The registration information (including your selected username and password) provided by you during your registration for the Service, together with any and all updates provided by you from time to time under this paragraph, is referred to in these Terms as the "Registration Information." Our policy regarding the privacy and use of the Registration Information is set forth in our Privacy Policy, which may be modified and amended by us from time to time. By accepting these Terms, you are also acknowledging that you agree to the terms of the Privacy Policy.
4. Usability of Resources
We do not permit reverse-engineering, decompilation, dismantling, and translating the IDrive Compute Website and/or Resources, except in legally permissible cases. Making derivatives, monitoring or reproducing the Website and/or Resources manually or using any automated tools/devices is strictly prohibited. You are not allowed to use any software, device, computer code, or virus that may damage or prevent the normal functioning of our Website and/or Services or any communications on it.
Bandwidth Usage
Your monthly bandwidth allowance is determined by the full available bandwidth in your network transfer pool. If your network transfers exceed the monthly available bandwidth you will be charged an overage fee. Bandwidth utilization over the available network transfer limit is charged at $0.01 for each additional GB consumed.
Fair Use Policy
We consider the use of our IDrive Compute Virtual Private Servers as Fair when a regular usage pattern is followed throughout an entire billing period. If our Service is not fairly used, action may be taken to reduce negative impact on our Service, including but not limited to rate-limiting the data you may send and/or receive and suspending or terminating the Service.
To verify if sufficient funds are available for postpaid instances, we may run a prorated charge on your primary payment method registered with the account. The charges will be less than or equal to your outstanding balance and will be deducted from the final bill at the end of the month.
5. Security
Any kind of violation of the security of the Website and/or its Service is not allowed and may result in criminal and civil liability. IDrive Compute prohibits unauthorized access of the servers, instances, and other resources. You hereby declare not to engage in any such activity or attempt to breach the servers with an intent to tamper or alter the hardware and software, or for the purpose of hacking.
In case you are involved in any activity that violates the security of your server and resources, we reserve the right to inform the concerned authorities, or any law enforcement agency for the purpose of investigating and resolving the criminal violation of server or network security. In addition to this, violation of these security provisions may also result in the termination of your account.
Account Passwords
You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Account password. You will notify us of any unauthorized use or breach in security of your Account immediately after you learn of such unauthorized access or use. We advise frequent changes to the Account password for better security. The automated ‘Forgot Password’ option works on the assumption that only the account holder has access to the email address on record. In case the user does not have access to the email address, other means of verification may be used including billing/credit card information to verify identity.
We endeavor to restrict access to the instances and volumes created with your account to persons you have authorized to access your Account. However, no password-protected VPS environment can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, and modify the instances and volumes in Your Account. For maximum privacy and security, we encourage that you choose to use all the security features that come with your Account. These features are offered for no additional fee.
6. Use of IP Addresses
We may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies, Terms, or to protect our service, site, customers, or others. Some services, such as user logs and registration emails, may also display IP addresses.
7. Instance and Volume Backup
We strongly advise you to set up a regular backup of your VMs and Storage Instances to recover from any failures. We also advise you to verify your backup activities periodically to ensure that the backups are taking place successfully and in case of errors, take corrective action. Backups may fail for any number of unforeseen reasons and therefore requires periodic review to verify backups of your instances and/or volumes. In the event of a failure, recovery of your VMs and Storage Instances is not guaranteed due to various factors including relatively large sizes of storage devices. Some of the recovery and repair efforts may take time, and so recovering your VM or Instance from a backup is the best option.
8. Disclaimer of Warranties
The access, viewing, and backup of instances and volumes through the World Wide Web is subject to a variety of conditions that make such access, viewing, and backup potentially unreliable. ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. IDRIVE INC., ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. IDRIVE INC. MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE INSTANCES AND BLOCK STORAGE VOLUMES YOU CREATE WITH YOUR ACCOUNT WILL NOT BE DAMAGED; (D) THAT THE DATA ON YOUR VIRTUAL PRIVATE SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY OPERATION DONE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INSTANCES OR VPS RESULTS FROM THE PERFORMED OPERATIONS.
9. Limitations of Liability
IN NO EVENT SHALL IDRIVE INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR FILES, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN REGARDLESS OF LEGAL THEORY, WHETHER OR NOT IDRIVE INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO IDRIVE INC. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
10. Class Action Clause
You agree that Class Actions are not allowed and all disputes with IDrive must be resolved on an individual basis. You may not bring any claim against IDrive as a class member. This includes class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. Regardless of whether any such dispute, controversy or claim concerns any other individual / entity, multiple individuals / entities, or other persons, classes of individuals, or entities, all cases shall be decided between IDrive and the individual only.
11. Indemnification
You will, as allowable by law, defend, indemnify and hold IDrive Inc., our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) your use of your Account and the Services, (ii) any data, files, and content stored by you in your Account and otherwise on our servers, and (iii) any violation of these Terms by you. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.
12. Termination
We may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services: (i) if you breach any provision of these Terms; (ii) if we are required to do so by law; (iii) if we cease to offer any services covered by these Terms; or (iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services). You may terminate these Terms at your convenience by delivering at least thirty (30) days prior written notice to us. Should you object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; (b) terminate these Terms; and (c) notify us of such termination as described below in paragraph 12. Upon any termination of these Terms, we will block access to the instances linked to your account immediately. Paragraphs 7-10 and 12-15 of these Terms (and any other provision that can be reasonably construed to survive termination) will survive termination of these Terms.
13. No Spam Policy
IDrive Compute follows a stern No Spam policy as per which we neither take profit from Spam of any type nor allow anyone else to do the same. Use of our Service for any illegal spam activity is strictly prohibited.
We will terminate any and all relationships with any entity producing illegal Spam, and we will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law. You must follow our No Spam Policy in its entirety to continue using the services.
Unsolicited Email
We STRICTLY PROHIBIT dissemination of unsolicited commercial email i.e., "spam".
Though federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we chose to impose a total spam ban policy, for all parties involved. You and your users are prohibited from engaging in any bulk email promotions regardless of how the recipient email addresses are acquired, generated or obtained.
Any violation of this No Spam Policy will be grounds for immediate termination. We reserve the right to audit and investigate compliance with the Policy at any time, with or without notice.
We also prohibit types of Spam which include:
- Spim or instant messenger Spam; spamming on internet newsgroups;
- Spamming on Craigslist or other classified services, except in areas designated for such use;
- Use of any personal service to Spam other members;
- any other method of Spamming
You may not send any information about us if you are sending a message to a recipient who does not know you. You shall only post on-topic and listed ads with our company information.
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Policy, or other applicable laws regulating transmission of commercial email. IDrive Compute shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
Instance Suspension
If an instance is suspected to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, it shall be suspended pending investigation/resolution in cooperation with the account holder.
IDrive Compute reserves the right to modify the Policy at any time by posting the modified content on its website. You agree to monitor IDrive Compute’s Terms page for any changes to the No Spam Policy.
14. Notices
Any notice under these Terms given by IDrive Inc. to you will be deemed to be properly given if sent (i) by email to your email address as set forth in the Registration Information, (ii) by a startup screen that starts before your next use of the Services, (iii) by written communication mailed by first class U.S. mail to your address on record in the Registration Information, or (iv) by a display about the changed information in the Terms on our website. It is important that you maintain a correct working email address and update it if necessary to be able to receive our communications. To ensure proper delivery of email communications, please whitelist '@idrive.com' domain in your email spam filter.
Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at [email protected], except those that are related to cancellation or termination of your Account. For special cases where you’d like to close your account prior to the end of your package, please contact our support team. Sending an email to [email protected] for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of an account by you or by us, due to various reasons including non-payment for the Services, access to your instances will be stopped. We may delay the cancellation related to non-payment for the services and provide a grace period of up to thirty (30) days from the due date to allow for the customer to arrange for payments.
Fair Use Notice: Any copyrighted materials used in this website, like third-party logos (Windows, Mac, Linux 'Tux' etc) are the property of their respective owners/companies.
15. Severability
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Terms.
16. Modifications to this Agreement
We may change these Terms from time to time and the most current version will always be posted on our website located at http://www.idrivecompute.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted on our blog or Terms page, so please check those pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Services.
17. Miscellaneous
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms create no third party beneficiary rights. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. IDrive Inc. and you are not legal partners or agents; instead, our relationship is that of independent contractors. Our failure to insist upon or enforce strict performance of any provision or right of these Terms will not be construed as a waiver of any provision or right. These Terms constitute the entire and exclusive agreement between you and IDrive Inc. with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.