Yeastar Linkus Cloud Service
TERMS OF SERVICE
Applicable from: September 25, 2018
By purchasing Yeastar Linkus Cloud Service (the “Service”), you agree to be bound by these terms of service between you and Yeastar (“Terms of Service”). If you do not agree to these Terms of Service, You must not use the Linkus Cloud Service. “You” means you individually or the entity that you represent (and, as applicable, your Users). If you are entering into the Agreement for an entity, you represent that you have the authority to bind that entity. “Yeastar”, “we”, or “us” means Yeastar Information Technology Co., Ltd.
1. THE SERVICE
1.1 Use of the Service. You may use the Service only: (a) during the Subscription Term; (b) for your own benefit; (c) in accordance with the Terms of Service.
1.2 Modifications to the Service. Yeastar reserves the right, in its sole discretion, to modify the Service at any time and from time to time. Such modifications to the Service may include, without limitation, adding, modifying or removing features and/or functionality, and suspending or discontinuing the entire Service.
1.3 Modifications to the Terms of Service. Yeastar reserves the right to modify the Terms of Service from time to time, in Our sole discretion, by posting the revised Terms of Service to https://www.yeastar.com/terms-of-service-lcs (“Linkus Cloud Service Terms of Service”). The revised Terms of Service will take effect and be legally binding on You upon posting to the Terms of Service Page unless a different effective date is specified in the revised Terms of Service. You are solely responsible for regularly checking the Terms of Service Page for revisions to the Terms of Service. Your continued use of the Service after the effective date of any revision will be deemed to signify Your acceptance of the revised Terms of Service. If You do not agree to any revision to the Terms of Service, You must immediately stop using the Service and notify Yeastar thereof. Yeastar reserves the right to notify You directly (e.g., via email) of any revisions to the Terms of Service, but any such direct notification will in no way affect Our right to modify the Terms of Service by posting revisions to https://www.yeastar.com/terms-of-service-lcs, nor does it affect Your responsibility to regularly check the Terms of Service Page for revisions to the Terms of Service.
1.4 Permitted Disclosures. If we are required by a subpoena, court order, agency action, or any other legal or regulatory requirement, to disclose any of your or any User’s Content, we will provide you with notice and a copy of the demand as soon as practicable, unless we are prohibited from doing so pursuant to applicable law or regulation. If you or the User request, we will, at your (or the User’s) expense, take reasonable steps to contest and to limit the scope of any required disclosure.
2. PRIVACY, CONTENT AND CONTENT SECURITY
3. PROVISION OF THE SERVICE
3.1 General. The service must be paid for in full prior to the provision of the service unless agreed in writing with Yeastar.
3.2 Security. While Yeastar may take reasonable measures to protect Your Content from unauthorized access or other security breaches, Yeastar provides no assurances that such unauthorized access or other security breaches will not occur. Yeastar is not responsible for any unauthorized access or other breach of security or confidentiality related to Your Content, nor for any loss or damages arising from or related to any such unauthorized access or other breach.
3.3 Physical Location of Content. By purchasing the service, you acknowledge and agree that Yeastar uses third-party service providers in connection with the Service, who may maintain and host, Your Content, or the data, in locations anywhere around the world. Your Content, or the data, may be subject to legal or contractual restrictions limiting or prohibiting its storage or transmission to particular physical locations. You acknowledge and agree that You are solely responsible for complying with any such restrictions. Yeastar is not responsible for Your failure to comply with any such restrictions, and will not be liable to You or any third party for any loss or damages resulting from any such failure.
3.4 Service Downtime. By purchasing the Service, you confirm that you understand that the Service may sometimes be unavailable as a result of things over which we have no control, for example, the weather, power disruptions and failures of your internet service provider (ISP) or broadband / ADSL connection. Yeastar does not guarantee that Your access to and use of the Service will be uninterrupted and does not guarantee any minimum availability to the Service. Yeastar will not be liable to You or any third party for any loss or damages related to or arising out of any period of time during which You are unable to access the Service.
3.5 Geographical Scope. The Service may not be offered, available or fully supported in all regions, countries or jurisdictions of the world. Yeastar may restrict or limit the Service’s availability, in whole or in part, in or to any geographical location(s) or jurisdiction(s), in Yeastar’s sole discretion.
3.6 International Bandwidth. You acknowledge that Yeastar has no direct control over the availability of bandwidth over the entirety of the Internet and that while it will use such endeavours as Yeastar in its absolute discretion deems appropriate to facilitate the Service at all times. Yeastar shall not be responsible for delays caused by overuse or lack of such bandwidth.
4. ACCEPTABLE USE
4.1 General Restrictions. You and your Users must not: use the Service (i) in a way prohibited by law, regulation, or governmental order or decree, (ii) to violate any rights of others, (iii) to try to gain unauthorized access to, test the vulnerability of, or disrupt the Service or any other service, device, data, account, or network, (iv) to distribute spam or malware, (v) in a way that could harm the Service or impair anyone else’s use of it, (vi) in a way intended to work around the Service’s technical limitations, or usage limits, or (vii) for any High Risk Activities.
4.2 Content Restrictions. You must not use the Service to transmit, store, host, or process any data that would cause you or us to be out of compliance with applicable laws or regulations. If you use the Service for data regulated by law or regulation, then you are solely responsible for the consequences of that use.
4.3 Violations of Acceptable Use. A breach of any restrictions stated in Section 4.1 or Section 4.2 will be grounds for Yeastar to terminate the service for you without notice and with immediate effect, at Yeastar’s discretion. You shall fully and effectually indemnify Yeastar from and against all loss, liability, damages, costs and expenses which Yeastar may incur in relation to any breach by you of your obligations under this section. You acknowledge that, by the nature of the Service being provided, your Content, or the data, being transmitted or downloaded through the service will be kept, whether permanently or temporarily, on a third party Cloud Server. You shall at all times ensure that Content, or the data, complies with the laws of all applicable jurisdictions and shall keep Yeastar fully and effectually indemnified from and against all costs, claims, liabilities and demands relating to or arising from your breach of any restrictions stated in Section 4.1 or Section 4.2.
We may suspend your use of the Service if: (a) you are in breach of the Term of the service; (b) your use of the Service poses a security risk to the Service or to other users of the Service; or (c) suspension is required pursuant to a subpoena, court order, or other legal requirement. We will give you notice before suspending your use of the Service if permitted by law or unless we reasonably determine that providing notice presents a risk of harm to the Service, to other users of the Service, or to any person or property, in which case we will notify you as soon as feasible or permitted. We will suspend your access only to the Service that is the subject of the issue giving rise to the suspension. We will promptly reinstate your access to the Service once we have determined that the issue causing the suspension has been resolved.
6.1 General. You have the right to use the Service during the applicable Subscription Term. You may stop using the Service at any time, but you will remain liable for all fees and charges otherwise due during the applicable Subscription Term.
6.2 Termination for Cause. We may terminate the Service for you if you breach or violate any restrictions specified in Section 4 and you will be liable for all fees incurred as of the effective termination date and any fees due for the remainder of the then-current Subscription Term.
7.1 You agree that, in view of their nature, your use of the Service is at your sole risk. Whilst we will endeavour to ensure that the Service is of a high quality, neither we nor any of our agents, contractors, licensees, employees or information providers involved in providing the Services, give any guarantee that the Services will be uninterrupted or free from error.
7.2 You acknowledge and agree that Yeastar reserves the right to limit the transfer of data if such transfer of data is deemed to cause high traffic demands by way of download of files whether through the size of file and or the number of users.
7.3 You further agree that we will not be held liable for any costs, expenses, losses, damages or other liabilities (howsoever arising) which you may incur as a result of a suspension of the Services in accordance with Section 5 above.
7.4 You acknowledge that the Internet is separate from the Services and that use of the Internet is at your own risk and subject to any applicable Laws. We have no responsibility for any goods, services, information, software, or other materials which you may obtain from a third party when using the Internet.
7.5 Neither we, nor any of our agents, contractors, licensees, employees and information providers, involved in providing the Services, are able to control the content of the Internet. You, therefore, agree that we shall not be held responsible for the publication, transmission, or reception of any defamatory material or information of any kind, other than information which is inserted by us. You specifically acknowledge that we have given no warranties as to the quality, content, or accuracy of information received through, or as a result of the use of, the Service.
7.6 You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the Service.
7.7 In no circumstances whatsoever will we be liable to you (whether in contract, or for breach of duty, or negligence or otherwise) for any indirect, incidental or special loss or damage or any loss of business or of contracts, profit, opportunity, goodwill, reputation, or anticipated savings, or for any loss or corruption of data which arises out of or in connection with any use of, or inability to use the Service.
“Content” means any data uploaded into the Service for transmitted, storage or hosting, by you or any User, or by us (acting upon your instructions and on your behalf as part of a Service).
“Order” means the internet payment page, invoice, or other ordering document, that specifies your purchase of the Service. All Orders are non-refundable and non-cancellable except approved by Yeastar.
“Subscription Term” means the initial term of your authorized use of the Service, as set forth in the applicable Order, together with any renewal terms (if applicable). The initial term begins on the date on which the date you complete the purchase process.
“High Risk Activities” means activities with a likelihood of injury or death, including but not limited to controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario where failure could lead to personal injury, death, or environmental damage.