Ace Public Cloud - Legal Documents

Ace Public Cloud Terms of Use Policy:

This policy (the “Policy”) protects Real Time Cloud Services, LLC (dba Ace Cloud), its users, and online community from misuse of its services and the internet.

By using Ace services, you are implying the acceptance of the Policy. Ace retains the authority to make changes to this Policy at any time. It is the client’s/customer’s responsibility to stay informed about the current policy in force, including any amendments or updates, as well as adhering to the policy’s conditions.

1. Ace services are to be used only for legal reasons, and the client/customer is responsible for ensuring that such usage conforms with all relevant laws. All usage of the services, whether in the client’s/customer’s knowledge or approval, is the responsibility of the client/customer.
2. Ace holds the right, with notice or without it, to delete or deny uploading content that doesn’t follow this Policy, or to terminate or revoke services provided to a client/customer if he/she or an end-user accessing their facilities or services, explicitly or implicitly:
   • Violates the policies, rules, and laws that apply to any server, network, newsgroup, website, database that is accessed by them.
   • Sends or promotes the release of unrequested bulk email messages or spams to any individual or a system in such a way that could negatively impact Ace facilities or network; or sends email bombs (stacks of email or information), generates or responds to email bombs, or misuses Ace website URL or hosted account to gather response data from unrequested promotional email.
   • Utilizes services that infringe on or breach others property rights, like acts that result or help in the propagation of worms, viruses, trojans, time bombs, or other harmful malware.
   • Infringes laws or regulations (including, laws and regulations governing criminal activity, export control, unfair competition, without limitation, anti-discrimination, or false advertising) or utilizes the services in a way that violates any rights of publicity or privacy or any third party’s intellectual property rights.
   • Publishes or distributes content that is filthy, trade libellous, defamatory, offensively threatening, or illegally harassing.
   • Uses services to attempt to breach, or breaches the security of any computer network, or gains unauthorized access to an account.
   • Forges, eliminates or alters identifying network header information (“phishing”), or employs any other techniques in correlation with email transmission used to cover up or mislead any username, the origin, or volume of transmissions.
   • Uses IRC (Internet relay chat) bots or stores them on Ace servers. It is forbidden to impersonate users by faking their email address, clone, spoof, flood, harass, or otherwise impede others’ ability to use IRC correctly.
   • Relays email with the help of any third-party systems.
   • Configures system(s) to allow third-party email or news relay.
   • Uses services to engage in any other activity that Ace considers to be harmful to its customers, business, or reputation.
   • Provides false information on Ace application form, contract, or online, including fraud credit card data and more.
   • Attempts to resell or redistribute Ace services without Ace express permission.
   • Exceeds the bandwidth or disc space constraints set out in the account descriptions.
   • Engage in any deceptive, misleading, or unethical practices that are or might be detrimental to Ace.
3. Any unauthorized use of an account and/or any violation, or attempted breach, of security that client/customer is aware of must be notified to Ace immediately. The client/customer is responsible for ensuring the security of its network and/or computer(s). Clients/customers must not allow others to use their network for illegal or inappropriate reasons, whether via action or inaction. Ace accepts no responsibility for the security of communications transmitted across its network.
4. Ace does not monitor or modify material published or posted by client/customers or their end-users on Ace facilities or the internet and is not liable for such content, posting, or activity. Ace is not responsible for the content published on any other websites linked to Ace or client’s/customer’s services.
5. Ace completely complies with applicable United States legislation and legal processes. Ace respects client/customer rights to privacy and will not purposefully disclose client’s/customer’s online communications or actions unless required to comply with legal procedures, subpoenas, statutory provisions, regulations, or official governmental pleas; to protect Ace or its clients/customers from damage; or where essential for the system’s procedure. Ace may analyze internet interactions on an as-needed and random basis for mechanical or quality control purposes.
6. Ace reserves the right, in its sole discretion, to delete or deactivate client/customer content or terminate services to client/customer with or without notice if client’s/customer’s materials, posts, or links are found to breach third-party trademark, copyright, or other intellectual property rights. Ace is not responsible for assessing the validity of the complaints of infringement. Furthermore, if client/customer breaches this clause, Ace may cancel their services.
7. Ace, in its absolute discretion, shall determine what action should be taken in consequence of a breach of this Policy on a case-by-case basis. Ace holds the right to evaluate suspected or claimed breaches of this Policy, which may include acquiring information from the client, its end-user, customer, or the accusing party, as well as scrutinizing content on Ace servers. Nothing in this Policy should be interpreted as limiting Ace actions or actions in any way. Ace intends to take any and all extra measures it deems appropriate in response to such actions, including, without restriction, taking action to recoup the costs and expenses of identifying violators and expelling them from the Ace service and levying erasure fees to cover Ace costs in the event of dismissal for the reasons outlined above. Ace maintains all legal and equitable rights and remedies in connection with such acts at all times.
8. Ace will not be liable for any loss of any kind caused by any Client/customer or third party as a result of Ace exercising its rights under these rules, in whole or in part. By using Ace services, client/customer agrees to revoke and hold Ace harmless from any liabilities arising from any measures undertaken by Ace, such as conducting investigations, granting a warning, denying to post content, removing material, dismissing or terminating services, or taking other proper measures. This waiver covers all infractions stated in this Policy.
9. Infractions of this Policy should be addressed to the Ace Network Security Department through the Internet Misuse Incident Report and should be reported over to [email protected].
10. Ace maintains the right, in its sole and absolute discretion, to change, alter, or modify this Policy at any time. Any amendment or modification becomes effective when it is posted, and any use of the Ace services following the publication of a modification or amendment is deemed acceptance of such revisions.
11. The client/customer is completely responsible for ensuring that their client/customer software is suitable for their purposes and is compatible for usage with any equipment used by him or her, whether or not Ace updates the service.