Services
1.0 Before you purchase a Word Cloud, Inc. service, you can see a list of services. You can select the desired package from the listed services. These terms and conditions apply to all the services you select. Word Cloud, Inc. reserves the right to refuse to provide you with any service for any reason whatsoever. Notwithstanding our uptime guarantee set out in Section 17 of this Agreement, Word Cloud, Inc. also reserves the right to interrupt access to the Services in the event of an emergency for regular maintenance needs. You may order additional services at any time. All additional services are hereinafter referred to as "Services". All services offered are subject to availability and all terms and conditions of this Agreement apply.
2. User agreement amendments
This Agreement contains the complete set of Terms and Conditions of Use (as defined below) applicable to the Word Cloud, Inc. Services purchased by you. Word Cloud, Inc. may at any time modify the terms of this Agreement, including the Fees (as defined below) and Word Cloud,
Inc. is obligated to inform the User of updates to the Terms, including but not limited to Notifications are not limited to email notifications, website notifications and social media notifications.
2.1 We may modify this Agreement from time to time. You agree that we reserve the right to do so. You agree that we reserve the right to do so unilaterally. An updated version will replace any previous version immediately upon publication, unless the revised version is identical to the previous version, which is no longer legally valid. Any third party revision of this Agreement will be deemed invalid.
2.2 We agree that if there are any changes to our agreement, we will change the 'Last Modified Date' at the top of this agreement. You agree to revisit this page periodically. You agree to note the date on which this Agreement was last amended. If the "last modified" date remains unchanged from the last time you viewed the Agreement, then you can assume that the Agreement has not changed since the last time you viewed it. If the "last modified" date has changed, then you can be sure that the terms of the Agreement have been changed.
2.3 If you need to terminate the Services as a result of any changes we have made, you must cancel by written request within thirty (30) days of the date of the "Last Modification" above. Continued use of the Services after the effective date of any such notice will constitute your acceptance of the modifications.
2.4 Waiver - If you do not check this agreement regularly, it is your sole responsibility to ignore changes to this agreement. You have the right to review this revised version at any time. Word Cloud, Inc. shall not be liable for any neglect to check by you.
3. Agreement and Cancellation Policy
3.1 The initial terms of the Services begin when we send you an order confirmation email or provide the Services to you and are subject to receipt of your lawful funds. The length of the term of the Services is chosen by you and is stated at the time you order our Services. You may not terminate this Agreement during the Initial Term (and Renewal Term) unless Word Cloud, Inc. is in default. After the Initial Term, this Agreement will automatically renew with the same terms and conditions as at the
Initial Term, unless terminated or cancelled by either party under this Agreement.
3.2 Word Cloud, Inc. may also terminate this Agreement at any time for any reason or for no reason ("Termination without Cause"). In such an event, Word Cloud, Inc. will provide you with written notice.
3.3 In the event Word Cloud, Inc. cancels this Agreement under any of the terms set forth herein, except for termination without cause in accordance with clause 3.2, Word Cloud, Inc. shall not refund any fees paid or prepaid by You prior to cancellation and You are obligated to pay all fees and charges prior to cancellation of the Services in effect. In the event Word Cloud, Inc. terminates the Agreement, all prepaid fees will not be refunded. Termination of this Agreement shall not relieve you of your obligation to pay any fees accrued or payable to Word Cloud, Inc. prior to the effective date of termination of this Agreement.
3.4 In addition, Word Cloud, Inc. has the right to terminate any part of this Agreement. Word Cloud, Inc. may terminate your service when it (a) violates the content described in the Acceptable Use Policy ("AUP"); (b)
infringes or violates the intellectual property or privacy rights or copyrights of any third party; (c) fails to comply with any applicable law, regulation or Word Cloud, Inc. shall have the discretion, and for the purposes of anything in this Agreement, Word Cloud, Inc. shall have no responsibility or obligation to monitor or (d) has uploaded, posted or transmitted any images, text, graphics, code or video that Word Cloud, Inc. considers to be illegal or high risk. Review your content, or any content uploaded or posted by your users at any time. You remain responsible for your content, and for any liability arising from it.
4. Account Setup
4.1 When registering for an account, you will be asked for a login (e-mail) and password. You may use the Service or modify your data and content with such user identification and password only. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur using these credentials. You agree to notify us immediately of any unauthorised access to use of your account or any other breach of security.
4.2 You must provide us with a primary email address and ensure its availability. All notifications and communications between us will be sent to the email address you have provided, so you need to keep this address open and notify us if your address changes. If your contact and/or billing information changes, you should notify us so that we can update your account. Please ensure that our domain name and other email addresses that we tell you about are not included in any spam block lists used by you or your email provider.
4.3 Providing incorrect or inaccurate contact information of any kind will result in Word Cloud, Inc. being unable to provide the Services properly and interruptions to the Services due to this issue will not be warranted by the SLA; providing false/fraudulent information of any kind will be subject to the relevant terms of this Agreement 3 and may result in the termination of your Account.
4.4 Word Cloud, Inc. reserves the right to refuse to provide services and to terminate your access to your Word Cloud, Inc. account with immediate effect when (a) the conditions of Word Cloud, Inc.'s provision of services
are not met; (b) there has been a failure to perform a contract with Word Cloud, Inc. related business or a Word Cloud, Inc. partner; (c) has violated the terms and conditions of a Word Cloud, Inc. related business or a Word Cloud, Inc. partner; (d) if, based on available data, we believe that you may refuse to perform the contract or violate our terms and conditions; or (e) if we believe that you have violated the terms and conditions of a Word Cloud, Inc. related business or a Word Cloud, Inc. partner. Terms or conditions.
4.5 You are responsible for all activities and changes to your account. We therefore strongly recommend that you keep strict confidentiality measures in place to safeguard files, directories and script permissions. We assume by default that you have the technical ability to administer your own service. You are responsible for any problems resulting from changes to your account, including, but not limited to, damage to your website, damage to the Word Cloud, Inc. website and or equipment, and damage to any other website.
4.6 Any individual natural person is only allowed to set up a valid account with Word Cloud, Inc. unless the previous account is no longer valid and is not temporarily or permanently restricted for a breach of the Terms and Conditions. You agree and permit Word Cloud, Inc. to use technology, including browser fingerprint tracking, to prevent account abuse, and Word Cloud, Inc. agrees that all technology must be used in accordance with our Privacy Policy. Individual legal persons are not subject to this restriction.
5. intellectual property
5.1 All services offered through Word Cloud, Inc. may only be used for lawful purposes.
5.2 As between you and Word Cloud, Inc., Word Cloud, Inc. declares that it does not own the ownership or content of the use you provide on your Services and/or (including but not limited to) the text, software, music, sounds, audiovisual works, movies, pictures, animations, videos and graphics, "your (the "Content"). Your use of Word Cloud, Inc. products and/or services hereby grants Word Cloud, Inc. a non-exclusive, world-
wide, royalty-free license to use your Content to transmit, reproduce, prepare derivative works from, display, perform, and perform via Internet broadcast.
5.3 Word Cloud, Inc. may, but is not obliged to, provide you with certain materials, including but not limited to computer software (in object code or source code form), data files or information development, Word Cloud, Inc. or its suppliers with domain names, email addresses, other network addresses assigned to you under this Agreement and other Proprietary technology, methods, equipment and processes are used by Word Cloud, Inc. to provide the Services to you ("Master Materials"). Subject to the terms and conditions of this Agreement, Word Cloud, Inc. grants you a limited, revocable, non-transferable, non-exclusive license to use the Subject Material solely in connection with the Services. This license terminates upon termination of this Agreement. You acknowledge and agree that Word Cloud, Inc. owns all right, title and interest in, or otherwise acquires all applicable licenses to, the Subject Material, all copyrights, trade secrets, patents, trademarks and other intellectual
property rights. Any unauthorised use of the Subject Material after the termination of this Agreement is strictly prohibited. You agree that you will not upload, transmit, reproduce, distribute or in any way exploit any Hosted Material without written permission.
5.4 This Agreement does not constitute a licence to use the Word Cloud, Inc. service mark or any other trade emblem. The use of any Word Cloud, Inc. service mark or any other trade mark without the prior written consent of Word Cloud, Inc. is strictly prohibited.
5.5 You are aware that even nominal damages may involve the expenditure of substantial legal fees, travel expenses, costs and other amounts. You agree that you will pay all such fees and expenses, if incurred.
Content and Acceptable Use Policy
6.1 You agree to abide by Word Cloud, Inc.'s Acceptable Use Policy, which can be found by visiting Word Cloud, Inc.'s website at https://www.wordcloud.page/privacy. Word Cloud, Inc. posts the revised policy on the Website and reserves the right to change the Acceptable
Use Policy at any time, and Word Cloud, Inc. is obligated to inform users of updates to the Acceptable Use Policy, including, but not limited to, email notifications, emails, emails to you, and emails to you from other users. Website notifications and social media notifications. You agree to periodically visit the Word Cloud, Inc. website and review the most current Acceptable Use Policy, and your continued use of the Word Cloud, Inc. service following any AUP change log will constitute your acceptance of the new AUP and will be subject to it. Word Cloud, Inc. shall have the right to suspend your access to the service at any time if the end user acts in violation of the TOS or AUP.
6.2 Word Cloud, Inc. does not actively detect content used by end users on the Word Cloud, Inc. service, although Word Cloud, Inc. may, at its sole discretion, technically monitor the service used by the Customer on the Word Cloud, Inc. network and Word Cloud, Inc. will investigate complaints of infringement of third party rights or violations of the Acceptable Use Policy. word Cloud, Inc. will attempt to reduce misuse of the Word Cloud, Inc. service, Inc. will have the right to cooperate with law enforcement
authorities and reserves the right to notify such authorities if they suspect that you and your end users are engaging in activities that violate the laws, regulations and policies of the jurisdictions in which you and the server are located. All provisions contained in this section are intended to grant rights to third parties, but no third party has the right to enforce any of the terms of this Agreement.
6.3 You agree that Word Cloud, Inc. will not be liable to you or your end users for any violation of the Acceptable Use Policy and the laws, regulations and policies of the jurisdictions in which you and the servers are located, including the Digital Millennium Copyright Act.
6.4 Word Cloud, Inc. may, at its sole discretion, terminate your access to the Services and terminate this Agreement. This is due to a breach of the Terms of Service and Acceptable Use Policy by you or your end users or downstream customers.
6.5 Word Cloud, Inc. takes the issue of child pornography very seriously and the potentially harmful use of our services by minors should be completely prohibited, however, their guardians may authorise minors to
use Word Cloud, Inc.'s services on a limited basis. Any content that may be considered child pornography will be removed and access to it prohibited, and this applies to any Word Cloud, Inc. service. Any customer accessing child pornography hosted through Word Cloud, Inc. will be immediately removed from the service and local law enforcement authorities will be notified. You agree to cooperate with Word Cloud, Inc. in blocking access to child pornography, any child pornography, or any solicitation, luring or enticement of minors for sexual activity or indecent acts is also strictly prohibited and will be considered the same problem as child pornography. Word Cloud, Inc. reserves the right to take legal action against customers who host or access child pornography on the Word Cloud, Inc. website.
6.6 If you suspect that child pornography is being hosted on the Word Cloud, Inc. network, you are encouraged to immediately send an abuse complaint to Word Cloud, Inc.'s abuse complaint email address and include the customer's file name or URL (or other location), the victim (if known), date of birth, date of manufacture, and information about the
suspicious image (multiple). ) and any other information. Alternatively, you can use CyberTipline to report suspected child pornography, and complaints about child pornography that is not hosted by Word Cloud, Inc. should be directed to law enforcement or to the site:.
6.7 We respect the intellectual property rights of all parties and have adopted a termination policy for repeat copyright infringers based on the Digital Millennium Copyright Act. A copy of our Repeat Infringer Termination Policy is available to our customers on request.
6.8 You agree that you are responsible for preventing minors in your care from accessing any harmful or inappropriate content directly or indirectly from the Word Cloud, Inc. services you have purchased. You agree not to allow minors to access any of the Services and to take relevant restrictions to prevent them from doing so. Many commercial online security filters are available which can help users restrict harmful or inappropriate access by minors Please note that this website makes no representations or warranties about any product or service referenced on these websites and recommends that users perform appropriate due diligence before
purchasing or installing any online filter. If your computer can be accessed by minors, you agree to take special measures to prevent minors from viewing this website. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility to prevent minors from accessing any inappropriate content through the Word Cloud, Inc. services, and it is your responsibility, not ours.
7. zero tolerance spam policy
7.1 The use of any spam on the Word Cloud, Inc. network is strictly prohibited and we reserve the right to terminate your service at any time if you and your end users use SPAM on the Word Cloud, Inc. network.
7.2 Word Cloud, Inc. posts the revised policy on its website and reserves the right to change the anti-spam policy at any time. You agree to periodically visit the Word Cloud, Inc. website and review the latest Anti- Spam Policy, and your continued use of the Word Cloud, Inc. service after any Anti-Spam Policy change log shall constitute your acceptance of the new Anti-Spam Policy and shall be subject to it. Word Cloud, Inc. will have
the right to suspend your access to the service at any time if the end user's actions violate the Terms of Service or the Anti-Spam Policy.
8 Payments
8.1 Payments for the Services shall be made in advance of the payment due date. The Services will be billed on an automatic and periodic basis unless you follow the cancellation procedure for Word Cloud, Inc. services as set out in this Agreement.
8.2 The initial and recurring fees for the Services you select shall be provided on the initial online order form. Unless specifically negotiated between you and us and confirmed by written agreement, the installation and recurring payment fees for the Services you select shall be paid at the time of online ordering as an initial fee and all set-up/installation fees and special set-up fees shall be non-refundable. Service fees are payable in advance and failure to pay service fees by the due date may result in suspension or termination of the service.
8.3 When making a payment, you must select a payment method. Word Cloud, Inc. reserves the right to enter into contracts with third parties to
process all payments. Such third parties may impose additional terms and conditions on the processing of payments. If you do not pay all fees when they are due, your account will be deemed to be overdue. For any overdue fees, Word Cloud, Inc. may charge interest at a certain/maximum rate permitted by applicable law on your unpaid amount.
8.4 You agree to pay any taxes, including personal income tax, value added tax or sales tax, arising from your use of the Service. Payments, if you incur additional charges due to taxes, exchange rate differences, bank charges, transfer fees, etc., you will have to pay these yourself.
8.5 You also agree to pay for any legal fees, collection fees and other costs incurred from Word Cloud, Inc. At the same time, Word Cloud, Inc. will not refund any installation fees, special set-up fees, remaining prepaid fees.
8.6 We will not entertain any refund requests once Word Cloud, Inc. has started providing the services, unless this is due to a widespread, generic and reproducible quality problem with Word Cloud, Inc. products and services. You understand and agree that even if you request to cancel
these services or products, Word Cloud, Inc. has consumed the underlying costs and assumed the risks and therefore we will not refund any fees.
8.7 Some special products and services may be eligible for a refund, but Word Cloud, Inc. will be entitled to deduct the necessary payment gateway fees and other charges from the refund. Word Cloud, Inc. will not provide any assistance in such matters.
8.8 Coupons and Coupon Codes - In some cases, Word Cloud, Inc. provides coupons and coupon codes which, unless otherwise stated, may only be available to first-time customers and may not be available once you have subscribed to the Word Cloud, Inc. service. Valid. Some vouchers or coupon codes are only valid for the amount of the first payment. These vouchers and promo codes may not be applied when you upgrade your product. Any attempted misuse of coupons and coupon codes by an account will be suspended or deleted.
8.9 Price Protection - Word Cloud, Inc. may adjust the price of a subscription or product, and these adjustments may apply only to new purchases or to both new purchases and renewals. Regardless of whether
there is an upward or downward price adjustment, Word Cloud, Inc. guarantees all Subscribers the ability to renew their subscription within one billing cycle (based on the billing statement at the time of initial purchase) at the lowest of the price at the time of purchase and the latest price; this does not apply to Subscribers who purchased at the active price.
9 Support Services
9.1 Unless explicitly stated for a particular product, all subscriptions or products offer a limited level of standard support services depending on their subscription or product level.
9.2 Word Cloud, Inc.'s support services are embodied in the form of "Support Request Points", the use of which consumes a certain number of Support Request Points depending on the support department and priority, or, if the subscription includes limited standard support services, the accompanying Support Request Points are provided at the time of purchase and reset on a monthly basis.
9.3 Word Cloud, Inc. handles only one question or request per support request, and each support department handles only those support requests to which it is relevant.
9.4 Word Cloud, Inc. reserves the right to close support requests or restrict account access without any response for the following types of support requests.
Number of questions and requests exceeding the number allowed for support requests
Not in the area of responsibility of the support department
Enquiries with frivolous content or which fail to provide any valid information.
Questions involving information within Word Cloud, Inc. Violation of Word Cloud, Inc. terms and conditions
that have been automatically switched off due to a timeout Violation of local laws and regulations
Abusive, violent or otherwise inappropriate content
10. Backup Measures & Data Loss
10.1You agree that the security of your data on the Services you use is maintained by you and that Word Cloud, Inc. will take the necessary steps to keep your data safe through compliance programs including the use of back-up power systems and data backups. However, this still requires that you take security measures for your data. We cannot guarantee that we will be able to fully restore your services in the event of a data loss. We therefore strongly recommend that you establish your own daily backup procedures to ensure the safety of your data.
10.2 If you would like Word Cloud, Inc. to provide routine backup services, which are not provided under this Agreement, please contact us, we offer a variety of backup services in addition to our regular services, you may choose one of these as a solution and we will provide all services through a separate written agreement.
11. Resource Use & Security
11.1 Word Cloud, Inc. does not set limits on the system resources and hardware that can be used for each account. We do not voluntarily deactivate user accounts unless they significantly exceed acceptable levels of use, or
unless maintaining that customer's use would significantly affect the experience of other customers.
11.2 Except as expressly permitted by law, you may not reverse engineer, decompile, disassemble derivative works of the Website and/or the Materials. You agree not to use any automatic device or manual process to monitor or copy the Site or the Materials and you will not use any device, software, computer code or virus to interfere with or attempt to interfere with or disrupt our services and the Site.
11.3 Security - Any breach of security of the Website and/or Services is prohibited and may result in criminal and civil liability. You agree not to breach or attempt to alter or manipulate hardware and software, compromise servers, or any other unauthorised use by such activities. You are prohibited from engaging in.
Any form of unauthorised access to or use of data, systems or networks, including websites and/or services.
Unauthorised interference with any user's services, hosts or networks. Introduce malicious programs (such as viruses and worms) into networks
or servers, including websites and/or services.
Circumvent user and security authentication of any host, network or
account.
Use our Services to compromise security or other websites.
In the event that you are involved in any breach of system security, we
reserve the right to release information about you to system administrators of other websites to assist in resolving security incidents, and we will also work with any law enforcement agency to investigate crimes and breaches of system or network security. In addition, a breach of these security provisions may result in the termination of your account in accordance with section 3 of this Agreement.
11.4 Traffic Usage - Your monthly data transfer is determined by your purchase of a specific service or subscription. If your usage exceeds your monthly limit, your account will be suspended and will resume at the beginning of the following month or on your billing date depending on the product or service. Unused traffic will not be carried over to the next month's traffic.
11.5 Fair Use Policy - We provide certain services or subscriptions to our customers and we expect users to use each service as described, which is defined as normal, fair and reasonable use throughout any given billing cycle. When we determine that a user is using the Services or subscriptions unreasonably, we may take action to mitigate the negative impact, including, but not limited to, connection restrictions and access restrictions. Unfair use includes, but is not limited to, the following. Borrowing, leaking, reselling Word Cloud, Inc. accounts or services.
Uninterrupted use of all types of p2p download services.
Exceeding the maximum number of users specified for the product or service.
Running a resource-intensive program on a single provisioning point for an extended period of time.
Violating the laws and regulations of the country or region where the resource provision point is located, on the resource provision point.
12. Uptime Guarantee
12.1 Word Cloud, Inc. will provide you with a Service Level Agreement
(SLA) to ensure a certain level of availability of our services. Please contact us when you require an additional SLA, which will be introduced as part of this Agreement and is an integral part of this Agreement.
In order to be able to receive compensation for an SLA interruption, you must inform us in accordance with certain procedures and you understand and agree that your failure to follow certain procedures within three (3) days of the triggering of the SLA interruption event will automatically relinquish your right to receive compensation for the SLA interruption.
13. price changes
13.1 All new and renewing Subscribers to the Products and Services will benefit from price protection for a period of 1 year, i.e. 365.25 days. Word Cloud, Inc. undertakes to make all reasonable efforts to ensure that the Subscriber's subscription price is not increased during the period of price protection.
13.2 Word Cloud, Inc. shall be entitled to adjust the prices of all products and services based on cost factors. The subscription price may be increased by a maximum of 10% per billing cycle.
13.3 The Subscriber may not claim a refund of the price difference from Word Cloud, Inc. as a result of any temporary price reduction (offer or event) and/or permanent price reduction.
13.4 All applied offers will become invalid after the price adjustment for products and services. Products and services purchased at a reduced price will need to be paid for at the new price after the subscription price adjustment.
13.5 If we terminate your Services as a result of clause 3.2 of this Agreement and we decide to provide the Services to you again in the future, your previous fees will not be added to the new Services and you will still be required to pay for the new Services.
13.6 Subscribers may upgrade or downgrade products and services through the Word Cloud, Inc. portal or API, and will be required to pay the difference in charges to complete the upgrade immediately after you
request it, and your subsequent billing amount will be adjusted automatically; whereas downgrade services will not receive any refunds for the cost of the products and services, only the billing renewal price! Changes will occur. You cannot ask Word Cloud, Inc. to undo an elevation you have requested yourself or refund any fees.
14. PROTECTION
14.1 You agree to defend, indemnify and hold Word Cloud, Inc. and its affiliates harmless from and against any and all claims, liabilities or reputational consequences, including reasonable attorneys' and experts' fees, arising out of or relating to.
arising out of a breach of your agreement under this Agreement;
arising from your use of the Services;
All actions and activities that occur as a result of your username and password;
Any sale of goods or services, advertising with your content or your information and data;
Any defamatory, libellous or unlawful material containing your Content
or your information and data;
Any claim or argument that your content or your information and data
infringes any third party's patent, copyright or other intellectual property rights or violates the privacy or publicity rights of any third party;
any third party's access to or use of your content or your information and data;
Any damage to the reputation of Word Cloud, Inc. caused by you; Violation of any applicable Acceptable Use Policy;
You warrant and represent that: 1) Your Content and Headers comply
with the laws of the United States of America; 2) You are of age in the country in which You and all of Your End Users are located; and 3) You do not access or provide Content that contains truthful depictions of child pornography, obscenity, bestiality, violence, or any images that are not legal in the United States of America.
15. No Additional Warranties
15.1 You expressly agree that use of our Content is at Your sole risk. the service is provided on an "as is" and "as available" basis. the
service is provided on an "as is" and "as available" basis. word cloud, inc. expressly disclaims all additional warranties, express or implied, including, but not limited to, warranties of fitness for a particular purpose, merchantability, title and non-infringement. word cloud, inc. does not warrant that the service will meet your requirements or that the service will be uninterrupted. The service is provided in a timely manner and is absolutely secure and error-free; nor does it provide any warranty that the results obtained from the use of the services provided by Word Cloud, Inc. or any information obtained through the service will be accurate, reliable, or that defects in any software or hardware will be corrected. No additional warranties are provided, and any representations regarding these issues in the promotional materials should be considered a reference to the advertisement and not a warranty. You understand and agree that any data or information downloaded or otherwise obtained by you through your use of the Services may be at your own risk and that you will be solely responsible for any loss or damage to your computer system at your own discretion.
Word Cloud, Inc. may provide third party products, services and/or software that are not part of the Services ("Third Party Services or Software") to you. Word Cloud, Inc. has no control over the content of the Third Party Services or Software. The use of any Third Party Service or Software is at your sole risk and subject to the terms and conditions of your separate agreement with the third party.
No advice or information, whether oral or written, whether implied, trademarked or otherwise, obtained by you from Word Cloud, Inc. or through the Services, including, without limitation, any marketing or promotional materials describing the Services on the Word Cloud, Inc. website, shall create any warranty.
Word Cloud, Inc. does not provide warranty on any of the products and services.
This Agreement and all matters arising out of or in connection with this Agreement shall be governed by law, excluding its conflict of law provisions. In the event of commencing an action permitted by this Agreement, the parties shall make such action available to the court.
The parties agree that venue, jurisdiction, venue and choice of law as set forth in the following sections of this Agreement are mandatory and not permissive, thereby precluding the possibility of a jurisdictional agreement between the parties for litigation arising therefrom other than as provided in this section.
16.2 Severability If, for any reason, a court of competent jurisdiction or an arbitration committee finds any provision of this Agreement and any part thereof to be unenforceable, that provision will nevertheless be enforced to the fullest extent and the remainder of this Agreement will continue in full force and effect.
The rights and obligations of the parties to this Agreement will, as the case may be, survive their respective assigns, successors, executors and administrators. Neither this Agreement nor any rights granted hereunder may be sold, sublet, assigned or otherwise transferred, in whole or in part, by You.
The failure of either party to enforce any provision of this Agreement will not be deemed to be a waiver of any future obligation or right to enforce such provision or any other provision.
16.5 Relationship of the Parties Word Cloud is an independent provider and nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties. 16.6 The section and subsection headings in this Agreement are inserted for convenience only and shall not be deemed to form part of this Agreement, nor shall their meaning be affected.
16.7 Force Majeure Due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to: acts of God; war, riots, prohibition, cultural or military acts or terrorism; fire, flood, earthquake, hurricane, tropical storm or other natural disaster; strikes or shortages of transport, facilities, fuel, energy, labour or materials; telecommunication or information services infrastructure. Failure to do so; hacking, spamming, or the failure of any computer, server or software will not constitute a breach of this agreement.
16.8 Export You understand and acknowledge that certain software may be regulated by agencies (including the Ministry of Commerce) that prohibit the export or transfer of software to certain countries or regions and to third parties. You will not assist or participate in any such illegal transfer or breach of applicable laws and regulations. You warrant that, in accordance with applicable laws and regulations, you will not license or otherwise permit any person who is not authorised to receive the goods, and you will comply with such laws and regulations.
All notices permitted or required by this Agreement may be sent by e- mail, fax, courier service, mail or registered mail to the e-mail address, fax number or mailing address most recently provided by you, and shall be effective upon transmission. Evidence of successful transmission shall be retained. Each party may communicate with the other party by the electronic means described in this Agreement. Each party agrees that all electronic communications: (i) which contain a user identification of the sender that is legally sufficient to verify the identity of the sender and the authenticity of the communication; and (ii) which are sent by you and
contain a user identification of you that identifies you as the creator of the content, shall have the same effect and legal significance as a written signature of yours.