The following Product Terms explain the general and specific rules that apply when you buy and use the products and services (the "Products") that are offered or available through the website at www.amazenet.sa (the "Amazenet Cloud Platform"). This document is a legal contract between you as the buyer and/or user of the Products and the Amazenet Information Technology Company, Saudi Arabia, (C.R 4030444039) listed in Clause 2.1 below ("Amazenet Cloud").
1. Application and Acceptance of the Product Terms
These Conditions shall be subject to the laws and regulations applicable in the Kingdom of Saudi Arabia including the CITC regulations.
This Contract shall be subject to the Document issued by the Communications and Information Technology Commission (CITC) Dated June 2020 as amended where a particular text in these Terms has not been provided in this regard, also shall be subject to the Electronic Transactions Law, and the Anti-Cyber Crime Law and any other applicable laws and regulations related to the electronic transactions
1.1 These Product Terms apply to your purchase and/or use of the Products on the Amazenet Cloud Platform.
1.2 You agree to follow and be bound by these Product Terms when you buy and/or use the Products. You may also need to sign a separate contract, online or offline, with Amazenet Cloud or Amazenet Cloud's affiliate for i) using the Amazenet Cloud Platform; or ii) buying the Products or any other products or services from Amazenet Cloud ("Additional Agreements"). If these Product Terms and any Additional Agreement disagree or conflict, the Additional Agreement will override the Product Terms only for the part of the Products that is affected by the conflicting Additional Agreements.
1.3 You should not buy and/or use the Products unless you agree and accept all of the Product Terms and/or Additional Agreements (if applicable).
1.4 You agree that Amazenet Cloud can change the Product Terms at any time by putting the updated and revised Product Terms on the Amazenet Cloud Platform. You agree to follow the changed Product Terms if you keep using the Products after the changed Product Terms are posted.
1.5 If you are a customer or end-user of an Amazenet Cloud authorized reseller or distributor, then the provisions hereunder related to pricing, billing, invoicing and payment, and service and maintenance (including but not limited to Sections 3.7, 3.10, 3.11 of the Product Terms and Sections 1-3 and 6 of the Saudi Arabia Addendum to Amazenet Cloud Product Terms) shall not apply to you. Instead, the terms of your existing agreement or purchase order with your reseller or distributor shall govern such areas.
1.6 If you are an Amazenet Cloud authorized reseller or distributor, then Amazenet agrees that pursuant to Section 3.11 of the Product Terms, if your end customers should experience a usage issue with Amazenet Cloud Products that they have purchased for a fee and such usage issue is finally determined to be solely caused by Amazenet Cloud, then Amazenet Cloud will assume responsibility for such end customer usage issue by providing you with the Service Guarantees as provided in the SLAs (as defined in Section 3.11).
Damages resulted from the illegal use of service by the Client or a third party, including making any defect or confusion due to this use to Amazenet's facilities or the other authorized service providers' facilities.
Any losses or damages resulting from any amendments made by the Client or allowed to be made to the devices, equipment, and program related to the service, whatsoever their justifications.
The Client acknowledges and agrees to grant Amazenet the right to exchange its credit information with credit bureaus.
The Client acknowledges and agrees to grant Amazenet the right and authorization to request information related to National Address from relevant authorities.
All information related to the Client shall be confidential and Amazenet shall keep the same as confidential and it may not be disclosed to any third party except by request from the CITC or any other competent authority or by written consent from the Client or their representative.
Amazenet shall not be liable to secure and protect Client services from security threats unless the client subscribed to VAS Security Services.
The Client's abuse of the service, use of the service contrary to its inherent nature or the purpose for which it is offered or created, or in violation of contract provisions, gives Amazenet the right to disconnect the service immediately and take legal action to safeguard its rights.
In case Amazenet reduces or amends any of its service tariffs, the Client shall have the right to request applying the new tariff, and Amazenet commits to inform the Client of any amendments to the contracts and services terms and conditions prior to 60 days of the effective date of any changes.
Services delivered under this contract shall not be subject to future Promotions unless otherwise stated in the promotion terms.
Amazenet shall not be considered liable for the mistakes committed by other service providers using Amazenet's facilities or engaged with it to connect to points not directly serviced by Amazenet, or the mistakes resulting from that.
The Installation is intended for Client's use only, The Client may not assign the same to third parties without Amazenet's written approval, and may not dispose of the same in a non-disciplinary manner; the Client shall be liable for any breach arising out of such breach.
Amazenet shall have the right to record the Client's name in the debt list in case the amounts due to Amazenet are not paid or delayed to pay over the due date
The Client should audit and check the validity of each bill related to the service/services provided to it. In case a mistake is discovered, Client shall have the right to object to such error by a formal complaint sent to Amazenet not later than 60 days from the bill issue date.
In case of penalty application, penalty calculation shall be in accordance to CITC penalty regulations
2. Contracting Entity and Account
2.1 The Amazenet Cloud entity that you are contracting with in connection with your purchase or subscription of the Products is:
a) Amazenet Information Technology Company Limited (C.R 4030444039) (Saudi Arabia).
2.2 You need to sign up as a member of the Amazenet Cloud Platform to buy and/or use the Products. The rules for registering and using your account with the Amazenet Cloud Platform are in the Amazenet Cloud Membership Agreement. You shall make sure that all the information you give to Amazenet Cloud through the Amazenet Cloud Platform is true, accurate, correct, complete, and not false, dishonest, or misleading.
3. General Product Terms
These General Product Terms apply to buying and/or using any Products that are available on the Amazenet Cloud Platform:
The benefits, features, and functions that you get for any of the Products may be different for different countries and regions. There is no guarantee or promise that a certain feature or function or the same kind and amount of features and functions will be available in all countries and regions or for all users. Amazenet Cloud can decide by itself to limit, deny, or make different levels of access to and use of any of the Products (or any features included in them) for different users.
3.2 You must follow the relevant technical documentation for the Products that Amazenet Cloud posts and updates on the Amazenet Cloud Platform from time to time. You also agree, as a continuing requirement for your use of the Product, to respect all license terms and conditions of all third-party software components, libraries, and application program interfaces that are part of any Product as notified on the Amazenet Cloud Platform from time to time.
3.4 Amazenet Cloud can start, change, upgrade, set conditions for, suspend, or stop offering any Product (or any features or functions within the Products), including how you sign on and what you need to sign on, and how you access any Product (including any URLs used for that) without telling you before. Amazenet Cloud can also decide, and tell you in advance, to move, suspend or stop operations at any data center. If that happens, you may have to change or update settings of any affected Products, and you will be responsible for any failure to change or update your settings in the time given in the notice.
3.3 Amazenet Cloud can check your buying or using of the Products any time as needed to make sure you follow the Product Terms, according to our Privacy Policy. You agree that you shall not stop or interfere with our checking.
3.5 You agree, if Amazenet Cloud asks you, to work with Amazenet Cloud to find and fix any problems with the Products that Amazenet Cloud reasonably thinks are caused by you.
3.6 You agree that you will follow all the laws and rules for using the Products (including without limitation, any laws and rules about data protection, import, re-import, export, strategic goods control, and re-export control, including any license requirements, and international or country-specific sanctions programs) as a requirement of your buying and/or using of the Products. If Amazenet Cloud has reason to think that any of your actions break the law, hurt or take the rights of any third party or are otherwise false, dishonest or misleading, Amazenet Cloud can decide by itself to tell you that we know about it and can decide by itself to take any actions against you that we think are enough and needed because of the situation, including but not limited to, asking you to remove any unlawful content, stopping or suspending your right to use any Products, limiting your access to the Amazenet Cloud Platform, stopping or ending your Account, etc. Besides any of the things above, Amazenet Cloud can remove any content on the Amazenet Cloud Platform that may be unlawful or may cause problems, threats, or damage to how the Amazenet Cloud Platform works or other users of the Amazenet Cloud Platform.
3.7 Some Products require the processing of personal data of your customers or employees. You agree that it is solely your responsibility to establish a legal basis for the processing of such data under local law, including providing adequate privacy notices and obtaining any required consents to customers or employees. You represent and warrant to Amazenet Cloud that you have a legal basis for processing this data, including obtaining any required notices and consents, under local law. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of these Products.
3.8 Amazenet Cloud can sometimes offer special terms or prices for the Products (the "Special Programs"). Amazenet Cloud can stop taking any application for any Special Programs or stop offering any Special Programs without telling you. You must follow any terms and conditions for the Special Programs if you want to join them.
3.9 Amazenet Cloud shall have the right to apply any upgrades or engage in any service maintenances any time as deemed necessary. Amazenet Cloud will use commercially reasonable endeavors to notify you in advance of any scheduled maintenance of the Amazenet Cloud Platform or the Products and you shall comply with any maintenance requirements for the Products that we notify you about.
3.10 Amazenet Cloud can give and/or transfer any part of or all of the Terms (including any of our rights, titles, benefits, interests, obligations and duties in the Terms and this Agreement) to any person or entity (including any affiliates of Amazenet Cloud). Amazenet Cloud may by written notice to you (which may be posted on the Amazenet Cloud Platform) ask for such transfer of the Terms or any part of them, and you hereby agree and allow any such transfer, after which Amazenet Cloud shall be free and clear from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms until the time of such transfer. You may not give, in whole or part, any of the Terms (including this Agreement) to any person or entity.
3.11 Certain products may have specific payment terms. Please refer to the Amazenet Cloud Payment and Tax Terms provided on the Amazenet Cloud Platform for specific payment terms for the products that you purchased.
4. Product-Specific Terms
Without limiting the generality of the Product Terms, you further agree and undertake that the purchase and use of the Products identified hereunder is subject to the additional specific terms and conditions set forth hereunder, and depending on the Amazenet Cloud entity you contracted with for the Products, as also set forth in the addendum in respect of the Products identified therein.
4.1 Amazenet Cloud Elastic Compute Service (ECS)
a) If your subscription to Amazenet Cloud ECS service is to be used together with Amazenet Cloud Server Load Balancer, you shall ensure that you have purchased sufficient bandwidth for your Amazenet Cloud Server Load Balancer.
b) The Amazenet Cloud Anti-DDoS Service is one of the functions provided by Amazenet Cloud along with the Amazenet Cloud ECS service. Once you have purchased or subscribed to Amazenet Cloud ECS, Amazenet Cloud will provide the Anti-DDoS service to you. If you do not require the Anti-DDoS service, you may follow the relevant instructions as provided on the Amazenet Cloud Platform to unsubscribe or uninstall these functions. You further acknowledge and agree that the Amazenet Cloud Anti-DDoS service, although extensively tested, cannot guarantee to be fully compatible with all hardware or software systems or without fault. In the event of incompatibility or software fault, you may report the situation by calling Amazenet Cloud's technical support. If such incompatibility cannot be resolved, you may stop using the Anti-DDoS Service.
c) You may access and/or use certain software developed and owned by Microsoft Corporation ("Microsoft") or its licensors (the"Microsoft Software") if you subscribed to the Amazenet Cloud ECS services together with certain bandwidth. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Amazenet Cloud ECS;
ii. You may not transfer or use the Microsoft Software outside the Amazenet Cloud ECS services;
iii. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;
iv. You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;
v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Amazenet Cloud ECS Service;
vi. Microsoft is not responsible for providing any support in connection with the Amazenet Cloud ECS Service. Please do not contact Microsoft for support; and
vii. You are not granted any right to use the Microsoft Software in any application 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 (collectively, "High Risk Use"). Microsoft, its suppliers, and Amazenet Cloud disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
d) You acknowledge and agree that internet traffic and connectivity is affected by numerous factors, including telecommunications infrastructure, regulatory policies and controls in countries around the world, and that Amazenet Cloud cannot and does not ensure that internet users in all regions can access web or mobile applications operating on your ECS services. In addition, you undertake not to use the ECS services in a manner which is intended to, or assists, any user, directly or indirectly to violate or evade law or policy in any jurisdiction.
e) You shall not, without the prior written approval of Amazenet Cloud, use the Amazenet Cloud ECS Service as an email server and/or provide SMTP services.
f) As part of the Amazenet Cloud ECS services, Amazenet Cloud may permit independent third party developers (each a "Third Party Image Publisher") to display, publish or make available virtual machine images (i.e. virtual appliances used to create a virtual machine within Amazenet Cloud ECS services) ("Third Party Images") for use or deployment by you in connection with the Amazenet Cloud ECS services. Any such Third Party Images are not part of and do not constitute Products, Amazenet Cloud Offerings or Amazenet Cloud ECS service offerings, of Amazenet Cloud. If you choose to use or deploy any such Third Party Images, you do so entirely at your own risk and you hereby agree to these additional terms and conditions:
i. You acknowledge and agree that the Third Party Image Publisher is solely responsible for any of such Third Party Images, and you may be subject to and required to agree to separate terms and conditions by such Third Party Image Publisher for the use or deployment of such Third Party Images. Amazenet Cloud is not responsible for such Third Party Images, and Amazenet Cloud do not have control over the selection thereof, nor does Amazenet Cloud pre-screen, routinely monitor or exercise editorial control over such Third Party Images.
ii. You acknowledge and agree that:
1. Amazenet Cloud does not represent either the Third Party Image Publisher or the user in the provision of the Third Party Images offered by the Third Party Image Publisher, and cannot control and is not liable to or responsible for the condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement of such Third Party Images, or the ability of the Third Party Image Publisher and the user to enter into any separate agreements governing the use or deployment of the Third Party Images; and
2. you are fully assuming the risk of purchasing and using such Third Party Images offered by such Third Party Image Publisher.
iii. Amazenet Cloud may at any time, in our sole and absolute discretion, screen, delete, disable and/or remove any Third Party Images or any related functionality if Amazenet Cloud receives a complaint from another customer or notice of intellectual property infringement or other legal instruction for removal, or which in Amazenet Cloud's sole and absolute opinion violates any of its applicable terms of use, or is otherwise illegal or objectionable, or any other reason as Amazenet Cloud may see fit.
iv. Amazenet Cloud does not verify and is not in a position to verify any party's rights to display, publish or make available any Third Party Images for use or deployment with the Amazenet Cloud ECS services. To the maximum extent permitted under applicable law, Amazenet Cloud hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement, or as to the contents and/or use or deployment of Third Party Images being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data.
v. You hereby agree to indemnify and hold Amazenet Cloud, its respective affiliates, directors, officers, and employees harmless from and against any and all losses, claims, penalties, and/or liabilities which may arise from or in connection with your use or deployment of the Third Party Images and/or any breach by you of the Product Terms.
vi. To the maximum extent permitted under applicable law, Amazenet Cloud shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from your use or deployment of Third Party Images.
For the avoidance of doubt, for the purposes of this sub-clause (f), any references to your use or deployment of Third Party Images shall include any use or deployment of such Third Party Images by your representatives, agents, service providers, customers and any other party as permitted or authorized by you.
4.2 Amazenet Cloud Server Load Balancer
You need to subscribe to the use of Amazenet Cloud before you can activate the Amazenet Cloud Server Load Balancer service.
4.3 Amazenet Cloud ApsaraDB for RDS (RDS)
a) You may access and/or use certain software developed and owned by Microsoft Corporation ("Microsoft") or its licensors (the"Microsoft Software") if you subscribed to the Amazenet Cloud RDS services together with a certain bandwidth. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
i. The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with Amazenet Cloud RDS services;
ii. You may not transfer or use the Microsoft Software outside the Amazenet Cloud RDS services;
iii. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;
iv. You may not reverse engineer, decompile, or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;
v. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Amazenet Cloud RDS Service;
vi. Microsoft is not responsible for providing any support in connection with the Amazenet Cloud RDS Service. Please do not contact Microsoft for support; and
vii. You are not granted any right to use the Microsoft Software in any application 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 (collectively, High-Risk Use). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High-Risk Use. High-Risk Use does not include the utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control but must not be directly or indirectly responsible for the control function.
b) You may access and/or use certain software developed and owned by Enterprise DB Corporation ("Enterprise DB") or its licensors (the "Enterprise DB Software") if you subscribed to the Amazenet Cloud RDS services. If you choose to use the Enterprise DB Software, Enterprise DB and its licensors require you to agree to the following terms and conditions:
i. You shall not reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Enterprise DB Software;
ii. You shall not redistribute, encumber, sell, rent, lease, sublicense, misappropriate, or otherwise transfer rights to these properties (whichever is applicable);
iii. You shall not remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in these properties (whichever is applicable); and/or
iv. You shall not use or access the other party's software in order to (i) build a competitive product or service, or (ii) copy any features, functions, or graphics of such software.
4.4 Amazenet Cloud VPC (Virtual Private Cloud)
You know and agree that you use the Amazenet Cloud VPC based on your own careful evaluation and decision, and you are the only one responsible for that, including but not limited to:
a) during your use of Amazenet Cloud VPC, you are responsible for all consequences resulting from your own customization of the settings of the virtual path router / virtual switch/custom routing; and
b) during your use of Amazenet Cloud VPC, you are responsible for procuring and managing your own relevant equipment, such as dedicated lines or virtual public network equipment.
4.5 Amazenet Cloud Object Storage Services (OSS)
Your use of Amazenet Cloud OSS shall be measured by your actual usage of storage services in 1-hour intervals. Please refer to the Amazenet Cloud Platform for specific details and updates of effective fees and payment schemes.
4.6 Amazenet Cloud Message Service
You acknowledge and agree that the messages and notifications that you saved in your account in connection with your use of Message Service will not be stored forever. You may elect to delete these messages and notifications yourself. You may also configure the number of days for these messages and notifications to be kept in your account. For messages, the maximum number of days of retention is 15. For notifications, the maximum number of days of retention is 1. After that, these messages and notifications will be automatically removed and Amazenet Cloud shall not be responsible for anything that arises out of the deletion of these messages and notifications.
4.7 Amazenet Cloud Content Delivery Network (CDN)
a) Your use of Amazenet Cloud CDN shall be measured by your actual traffic incurred upon service activation. Please refer to the Amazenet Cloud Platform for specific details and updates of effective fees and payment schemes.
b) You shall ensure that you have sufficient balance in your account in order for the CDN service to be continued.
c) Your use of the Amazenet Cloud CDN shall be subjected to the product specifications, limitation, and descriptions in the relevant product description page (the"CDN Descriptive Terms") on the Amazenet Cloud Platform. In the event of any inconsistency between these Product Terms and the CDN Descriptive Terms, these Product Terms shall prevail.
d) You acknowledge and agree that your use of Amazenet Cloud CDN is subject to the traffic limitations preset by Amazenet Cloud. If your traffic exceeds Amazenet Cloud's limit, Amazenet Cloud reserves that right to limit or suspend your use of Amazenet Cloud CDN services.
4.8 Amazenet Cloud Anti-DDoS, Anti-DDoS Pro, and Anti-DDoS Premium, Anti-DDoS Origin and Gameshield
a) You acknowledge and agree that the Distributed Denial of Services (DDoS) protection offered by Amazenet Cloud is subject to a certain traffic limit and the performance of the Products that you subscribed to may be affected once traffic in your Products (e.g. ECS, RDS) is approaching or near this limit. Your use of the Product may be suspended or interrupted if your traffic exceeded this limit. You shall clear or redirect any abnormal/problematic traffic or path of traffic to ensure that traffic to your Product does not exceed this limit.
b) Amazenet Cloud will not notify you if Anti-DDoS detects that your traffic is approaching or nearing this limit, but you may configure your setting of Anti-DDoS to require Amazenet Cloud to notify you when traffic to your Product approaches a threshold set by you. If you need a higher traffic limit, you will need to subscribe for an upgrade for your relevant Product that caters for such higher traffic limit.
c) You shall not:
i. Through Amazenet Cloud Anti-DDoS offer DDoS protection Services to any third parties;
ii. Resell, directly or indirectly, Amazenet Cloud Anti-DDoS Services in part or in full; and/or
iii. Separate/segregate the components of Amazenet Cloud Anti-DDoS to be used for any purpose.
4.9 Amazenet Cloud CloudMonitor (CM)
a) You acknowledge and agree that the Amazenet Cloud CloudMonitor services are provided to you in accordance with the product usage manual pre-determined by Amazenet Cloud (the"CloudMonitor Manual") and you shall abide by the terms and specifications of the CloudMonitor Manual in connection with your use of CM. Amazenet Cloud shall not be responsible for any loss, damages, interruption, suspension, or any other problems that arise out of your use of Amazenet Cloud CloudMonitor services that is not in accordance with the terms of the CloudMonitor Manual.
b) If you activate the alert service of the Amazenet Cloud CloudMonitor services, you can configure alert rules for metrics in host monitoring, instances in cloud service monitoring, and metrics in custom monitoring, and Amazenet Cloud will send alert notifications via emails, messages, etc. to you accordingly. You consent to Amazenet Cloud collecting, using and disclosing your personal data (which may include your phone numbers, and email addresses) provided by you for the purpose of sending you alert notifications under your use of the alert service and in accordance with your configuration of the alert rules. If you provide us with any personal data relating to a third party, by submitting such information to us, you represent to us that you have obtained the consent of such third party to you providing us with their personal data, for the collection and use of their personal data for the purpose set out above.
4.10 Credentials and Backup
b) You shall be responsible for maintaining the completeness and confidentiality of any access keys or passwords provided to you in connection with your use. Amazenet Cloud shall not be responsible for any loss of data, irreversible encryption of files, or damages of any kind that you may suffer as a result of your failure to properly maintain the completely or confidentiality of your access keys or passwords.
c) Amazenet Cloud may not perform any backups of any files for you. You are solely responsible for your own backup configurations.
4.11 Amazenet Cloud Web Application Firewall
a) You acknowledge and agree that your use of the Amazenet Cloud Web Application Firewall services may involve analysis of traffic and record of the access log, and there may be occasions or instances where the operation of your web application may be affected, and Amazenet Cloud shall not be liable for any liabilities, losses or damages that you may incur as a result of your web application's operation being affected.
b) Amazenet Cloud does not guarantee or warrant that the Amazenet Cloud Web Application Firewall Service will scan or detect all issues, threats, vulnerabilities, or problems in your web applications.
4.12 Amazenet Cloud Analytic Database Service
You may be allowed to authorize one or more third parties to use the Amazenet Cloud Analytic Database Service in part or in full. You acknowledge and agree that any and all acts done by such third parties as a result of your authorization will be deemed to be done by you and you shall assume any and all liabilities, losses or damages for any matters, including but not limited to payment of service fees, that arise out of such third parties use of your Amazenet Cloud Analytic Database Service.
4.13 Amazenet Cloud; Manage Contacts
a) You may use Manage Contacts to create and define different sets of security and access rights credentials (the "Credentials") under your Amazenet Cloud membership account. The format of the Credentials may include usernames, passwords, roles, policies, permissions, access keys, and/or security tokens. You may change the configurations of the security and access rights under your account anytime, but you acknowledge and agree that, in the event that Amazenet Cloud has reason to determine that a change is necessary for our reasonable discretion (i.e. for security purposes), we may change the security and access rights too. Amazenet Cloud will use commercially reasonable endeavors to notify you of any change that we make as soon as possible.
b) You shall be responsible for ensuring all Credentials that you created complies with the terms, policies and rules of the Amazenet Cloud websites;
c) You shall be liable for all activities happening in the Credentials created by you;
d) You shall be responsible for maintaining secrecy of all Credentials that you created;
e) You acknowledge and agree that any third-party identify authentication provider that you use in connection with Manage Contacts is provided directly to you by such party and Amazenet Cloud shall assume no responsibility for their services. Amazenet Cloud reserves the right to change or cease to support any identify authentication provider for any reason
4.14 Amazenet Cloud Personalized Recommendation Engine Service
You acknowledge and agree that Amazenet Cloud makes no representation or warranties on the suitability or fitness for purposes for any recommendations made to you via your use of the Personalized Recommendation Engine Services.
4.15 Amazenet Cloud Data Transmission Service
You shall ensure that you always comply with any personal data privacy laws and regulations, including but not limited to obtaining end user and/or data subject consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of the Data Transmission Service.
4.16 Amazenet Cloud API Gateway
a) You may use Amazenet Cloud, and maintain, API Gateway to release and manage your API.
b) We do not guarantee, and it is your sole responsibility for the performance, reliability, and security of all your APIs.
c) You acknowledge and agree that your use of Amazenet Cloud API Gateway is subject to the preset requests per second limitation for each API group. Your requests would be refused if you exceed such request limitation.
4.17 Amazenet Cloud Web Hosting Service (Web Hosting)
a) In your purchase of Amazenet Cloud Web Hosting Service, you acknowledge that your website(s) will be hosted on one or more servers and that computing, and technology resources are shared among many customers on the same servers.
b) You shall not use the Web Hosting Service to engage in any of the following activities:
i. using servers or your website(s) as the source, intermediate, reply to address or destination address for spam emails, email bombs, Internet packet flood attacks, packet corruption, denial of service attacks, or any other form of net abuse, or to perform any other illegal, fraudulent or abusive activities;
ii. activities threatening or adversely impacting the stability of our network, or causing server loads beyond reasonable levels, as determined at our discretion;
iii. hacking or any other activities related to security breaches;
iv. using any website as an anonymous gateway, open relay, or for similar purposes;
v. disseminating or transmitting any material that may be perceived as offensive, malicious vulgar, defamatory, abusive, racist, deceptive or fraudulent;
vi. running public recursive DNS services on any of our servers;
vii. subleasing or reselling the Web Hosting Services or similar activities; or
viii. using the Web Hosting Service as a repository or tool to store files.
c) Your website(s) may not contain any of the following content:
(1) image hosting scripts that allows anonymous users to upload images for display on another website;
(2) banner ad services that display ads on another website(s) or device(s) (commercial banner ad rotation);
(3) file storage/mirror scripts that allow anonymous users to upload files for download by other users;
(4) commercial audio streams (more than one or two audio streams);
(5) one-click email sending scripts that allow users to specify the recipient email addresses;
(6) anonymous or bulk text message gateways;
(7) backup for the content of other computers or websites;
(8) bitstream trackers; or
(9) any script that degrades the performance of our servers or network environment.
d) It is your sole responsibility to take appropriate measures to:
(1) provide, update, upload, and maintain your website(s) and server(s);
(2) protect the content of your website(s) against any loss or damage;
(3) keep independent archives and backup copies of the content on your website(s) and server(s); and
(4) ensure security, confidentiality, and integrity of all website or server content that you transmit through or store on our servers.
e) If the traffic to your website(s), the number of websites you have, or the disk space used by your website(s) affect the stability, performance, or normal operation of our servers, data storage, network, or other infrastructure, we retain the right to take measures to limit the resources used by any of your websites.
f) We reserve the right to limit, remove or suspend any services that violate any of the above restrictions.
4.18 Amazenet Cloud Mail Service
a) You shall use a domain name that you legally hold and is approved by Amazenet Cloud as the domain name for the Mail Service and shall carry out configurations (including but not limited to SPF, MX, etc.) as required by the Mail Service. Amazenet Cloud reserves the right to suspend or terminate the Mail Service in the event that you alter the configurations of the domain name in a manner which is no longer in compliance with these requirements.
b) You understand that there are restrictions in functionality and specifications (including but not limited to the number of domain names and mailing addresses supported, the maximum number of e-mails to be sent, the number of mail tags, the number of mail templates, etc.) of the Mail Service and agree to such restrictions.
c) We may store and scan your e-mails for the purpose of preventing and blocking "spam" e-mails and other harmful or unwanted items from being sent over the Mail Service. We may decline to send any e-mail if in our sole discretion we determine that your e-mail may be abusive or low quality (such as "spam").
d) You are solely responsible for the validity of email addresses (including the sending address, the reply address, and the recipient's address) used in the Mail service. The e-mails you send through the Mail Service are limited to ones that have been subscribed to by the recipients, and the body of the email shall provide a clear method for unsubscription.
e) Your e-mails may be blocked or prevented from being delivered by destination email servers and other reasons out of our control. Your payment obligation for the Mail Service remains regardless of whether delivery of any of your e-mails is prevented, delayed or blocked. In addition, the proportion of hard-bounced failed e-mails caused by invalid recipient addresses shall not exceed the upper limit set by Amazenet Cloud.
f) You hereby agree and confirm that you are responsible for the completeness and for maintaining the confidentiality of your Amazenet Cloud account and password, and the codes and passwords for accessing and managing the Mail service. You shall be liable for all losses and consequences arising from your account codes and passwords, and Amazenet Cloud shall not be responsible for any loss or damage relating thereto.
4.19 Amazenet Cloud DNS Service
a) You represent and warrant that you legally hold and have all necessary rights to use the domain name used for the Amazenet Cloud DNS service (the"DNS Service").
b) You agree to use the DNS Service in accordance with the technical documentation published on the Amazenet Cloud Website. You understand that there are restrictions in functionality and specifications (including but not limited to the number of changes of domain names, Geo DNS, DNS Traffic Protection QPS, etc.) of the DNS Service and agree to such restrictions.
c) Amazenet Cloud reserves the right to suspend or terminate the DNS Service if your DNS traffic exceeds the DNS Traffic Protection QPS you have purchased, or due to potentially excessive burden or adverse impact on the servers, systems, processing power or other functionality of Amazenet Cloud or Amazenet Cloud users.
d) Amazenet Cloud provides both free and paid DNS Services. If your domain name is registered using the Amazenet Cloud Domain Name Registration Service, when you switch between the free and paid DNS Service, you acknowledge and authorize Amazenet Cloud to update the name server information on your behalf. You further acknowledge and agree that the name server may not be successfully updated by Amazenet Cloud if you have set up certain client update restrictions during your use of the Amazenet Cloud Domain Service.
e) If you purchase Amazenet Cloud Public DNS ("Public DNS"), which is a type of DNS Service, after you activate Public DNS, Amazenet Cloud provides you with a specific amount of free traffic for resolution every month. You can view the free monthly traffic quota on the Public DNS page of the Public DNS console. You are charged for the traffic that exceeds the free monthly quota. If your account has an overdue payment for Public DNS, Amazenet Cloud no longer provides the free traffic quota for you. If the free traffic quota is not used up in a month, the remaining traffic is cleared at the end of the month. Public DNS supports two billing methods: pay-as-you-go and subscription. If you choose the subscription billing method, you must purchase a data transfer plan. After you purchase a data transfer plan for Public DNS, you need to use the data transfer plan within the validity period. The traffic quota in the data transfer plan is cleared when the data transfer plan expires. After your payment is overdue for 24 hours, the service is suspended. After your payment is overdue for 360 hours (15 days), all your business data in Public DNS is cleared.
4.20 Amazenet Cloud Certificate Service
Prior to using the Amazenet Cloud Certificate Service, you must (1) submit a certificate or certificate service application in a form approved by Amazenet Cloud and the applicable certificate issuer, (2) agree to the subscription agreement provided by the certificate issuer where applicable, (3) successfully undergo verification of the information submitted by you, and (4) respond to any Amazenet Cloud or applicable certificate issuer's request for additional
4.21 Amazenet Cloud Security Services
a) The Amazenet Cloud Security Services comprise the Managed Security Service of Anti-DDos & Web Application Firewall (WAF), Managed Security Service, Security Incident Response Service, and the Security Assessment Service. The Amazenet Cloud Security Services will only apply to and cover the systems described in the service descriptions provided for each Security service.
b) Access to Account Details
i. In order to provide you with the Amazenet Cloud Security Services, you may be required to provide us with your account details (including username and password) for your Amazenet Cloud sub-accounts and/or third-party servers, systems, and/or data for us to access such accounts, servers, systems and/or data. We will then log in to your accounts and/or servers to provide and implement the Amazenet Cloud Security Services. You hereby expressly authorize, consent to, and permit us to use and store such information to provide the Amazenet Cloud Security Services (including Anti-DDoS and WAF product deployment, security monitoring, configuration change management, security policy optimization, product fault response, server security maintenance, servers security hardening, incident response, removal of backdoors and WebShells on server, audits and analysis of logs, use security detection tools to finding system and application vulnerabilities). You represent and warrant that you have the full right, power, and authority to consent to the same, and that you are authorized to grant Amazenet Cloud such consents and access on behalf of all user accounts, systems, and data that Amazenet Cloud may be able to access through the credentials and passwords provided. Without limiting any other remedy that Amazenet Cloud may have, you agree to indemnify and hold Amazenet Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs, and expenses, including without limitation reasonable attorney's fees and costs incurred by Amazenet Cloud resulting from your breach of this provision.
ii. For the purposes of these Product Terms and solely to access your account details to implement and provide the Amazenet Cloud Security Services, you grant Amazenet Cloud a limited power of attorney, and appoint Amazenet Cloud as your attorney-in-fact and agent, with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, servers or documents, retrieve information and use your accounts and servers with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you could do in person.
iii. You acknowledge and agree that when Amazenet Cloud is accessing and using your Amazenet Cloud sub-account or servers, Amazenet Cloud is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third party service providers (including server providers) shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You agree to comply with the terms and conditions applicable to use of the systems and servers of the relevant third party vendors that you are using in connection with the Amazenet Cloud Security Services, and you warrant that our provision of the same is not in breach of such terms and conditions.
c) Your Responsibilities
i. You acknowledge that Amazenet Cloud will rely upon the accuracy of information provided by you and that Amazenet Cloud's performance is dependent on your timely and effective satisfaction of all of your responsibilities hereunder and timely decisions and approvals by you. You acknowledge that the provision of Services is dependent upon your performance of your obligations and that Amazenet Cloud shall not be liable for its failure to perform to the extent such failure is due to (1) a failure by you or any third party retained by, or under your control to provide data or materials that you or such third party is required to provide to Amazenet Cloud or required by Amazenet Cloud to perform the Amazenet Cloud Security Services, (2) a failure by you to timely and accurately perform its responsibilities as set forth in this Agreement, or (3) a failure by you to obtain relevant consents, approvals or access for Amazenet Cloud.
ii. Where applicable, you shall obtain all consents and authorizations from any third parties necessary for Amazenet Cloud to perform the Amazenet Cloud Security Services, including without limitation, from third party data centers, co-locations and hosts. Amazenet Cloud shall not be required to execute agreements with any such third parties.
iii. You shall be responsible for providing relevant information as may be required by Amazenet Cloud to provide the Amazenet Cloud Security Services (including network architecture diagrams), physical, and logical access to your Amazenet Cloud servers and/or third party server environments, and you shall be responsible for upgrading pre-existing or installed security software as applicable, ensuring the latest patches as recommended by third party vendors are installed on your systems and servers (where applicable), configuring your servers to the relevant network requirements in accordance with Amazenet Cloud's service requirements, and providing the ability for Amazenet Cloud to establish a persistent connection to your servers and networks.
iv. You recognize that Amazenet Cloud Security Services is not an alternative to an incident response engagement for an environment that is compromised prior to the start of your subscription for Amazenet Cloud Security Services.
v. You will be responsible for reporting any security issues related to the Amazenet Cloud Security Services to Amazenet Cloud immediately.
vi. You must notify Amazenet Cloud if specific network segments will not require monitoring or management under the Amazenet Cloud Security Services. You must provide detailed information regarding the specific network segment range when possible (e.g. guest networks, testing environments, etc.).
vii. You must make a reasonable effort to investigate and remediate any known compromises reported by Amazenet Cloud or third-party vendors. Amazenet Cloud may choose to suppress alerts generated by known compromised systems until such time the compromise is remediated.
d) Disclaimers and Limitations of Warranties and Liabilities
i. Notwithstanding anything else contained in these Product Terms to the contrary, Amazenet Cloud shall have no obligation or responsibility to provide the Amazenet Cloud Security Services for servers or systems not covered as part of the Amazenet Cloud Security Services (as described in the applicable service descriptions), servers or systems that have been declared end of support or that are not currently supported, servers or systems for which software updates have not been applied, servers or systems that have not been installed and deployed, or servers or systems that are misconfigured or incorrectly deployed, which prevents the Amazenet Cloud Security Services from monitoring the servers or systems covered by the Amazenet Cloud Security Services. You acknowledge that to facilitate Amazenet Cloud's efficient performance of the Amazenet Cloud Security Services, Amazenet Cloud may control some features and functionality of your servers, systems and/or networks, and that such features or functionality may not be available for your independent use during your term of subscription for the Amazenet Cloud Security Services.
ii. You acknowledge and understand that the Amazenet Cloud Security Services (including any scanning, access, penetration testing and/or security configuration thereto) involves inherent risks, including, without limitation, risks related to system or network performance and availability, and data corruption or loss, and you are solely responsible for such risks.
iii. You agree and acknowledge that the Amazenet Cloud Security Services are provided on an "as-is" basis without warranties or representations of any kind, and Amazenet Cloud does not represent, warrant, or guarantee that servers, systems or data evaluated using the Amazenet Cloud Security Services, configurations or actions taken pursuant to the Amazenet Cloud Security Services or findings by Amazenet Cloud, including alerts, will be of a certain fidelity, error free, or comply with a particular security standard, or that the Amazenet Cloud Security Services will detect, capture, quarantine, address or remove all security attacks, vulnerabilities, viruses, threats or malware in your servers, files or data, or servers, files or data of third parties. In particular, you agree and acknowledge that the Amazenet Cloud Security Services will not be able to address zero-day vulnerabilities, exploits or cybersecurity attacks or threats based on the same.
iv. You understand and agree that receiving the Amazenet Cloud Security Services does not guarantee that your servers, systems or data will be secure. Depending on the specific nature of your servers, systems or data and the ability to configure the same provided by your service provider in respect of the same, certain portions of the Amazenet Cloud Security Services may not be available and Amazenet Cloud disclaims all liability in connection with the inability to configure such relevant portions of your servers, systems or data resulting in a security incident exploit, or attack.
v. You acknowledge that the Amazenet Cloud Security Services may include the on-supply of hardware, software and services provided by third party vendors. Such on-supplied products or services shall be governed by the respective vendor's end user terms as may be notified to you by Amazenet Cloud from time to time and/or which are integrated into the Amazenet Cloud Security Services and which can be accepted by online click through. To the extent permitted by law, Amazenet Cloud shall have no liability whatsoever in respect of any such on-supplied products or services and you shall look to the relevant vendor for any direct recourse for the matters governed by such end user agreements.
vi. You acknowledge and agree that your use of Amazenet Cloud security services may result in the removal of files or data that you store in our servers or third-party servers you have provided us access to, even if not intentionally marked for deletion or destruction by you. you shall at all times make the appropriate redundancy or backup measures for any and all data and information you store in such servers.
vii. To the maximum extent permitted by law, Amazenet Cloud disclaims any liabilities, losses, or damages that you may suffer in connection with your use of the Amazenet Cloud security services.
4.22 Amazenet Cloud Short Message Service and Amazenet Cloud Voice Service
a) To the extent that you use Amazenet Cloud Short Message Service and/or Amazenet Cloud Voice Service and instruct Amazenet Cloud to send any short messages ("SMS Messages") and/or make any voice calls to a telephone number, you shall be solely responsible, at your own cost and expense, for ensuring compliance with the applicable requirements of the applicable personal data protection laws, including for checking such numbers against relevant do-not-call registry and/or securing all consents necessary for the sending of such SMS Messages and/or making of such voice calls to the subscribers and users of the telephone numbers (as applicable). You shall not send such SMS Messages and/or make such voice calls if you have not checked such telephone numbers against the relevant registries and/or have not obtained the relevant consent from the subscribers or users of such telephone numbers.
b) To the extent that you are the party sending such SMS Messages and/or making such voice calls, you shall ensure that you are solely identified in such messages and voice calls as the sender or maker (as applicable) thereof and do not conceal or withhold from the recipient your calling line identity (in relation to voice calls), and in any event, shall ensure that nothing in the language of the messages / the voice call (as applicable) will not mislead or otherwise suggest to the recipients thereof that Amazenet Cloud is also a sender of such messages / maker of such voice call (as applicable).
c) We may store and scan your SMS Messages content and record the content of your voice calls for purpose of preventing and blocking harmful or unwanted items from being sent over the Short Message Service and Voice Service. We may decline to send any SMS Messages or permit the making of your voice calls if in our sole discretion, we determine that your SMS Messages or voice calls may be abusive or low quality.
d) Amazenet Cloud reserves the right to suspend or terminate the Short Message Service and/or Voice Service as a result of your breach of this Section 4.37. Without limiting any other remedy that Amazenet Cloud may have, you agree to indemnify and hold Amazenet Cloud and its affiliates harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorney's fees and costs incurred by Amazenet Cloud and its affiliates therefrom.
4.23 Amazenet Clouds Customers Data
Amazenet Cloud does not detect, capture, quarantine, address, or remove all viruses, threats, or malware in your files or data.
b) You acknowledge and agree that your use of Amazon Cloud may result in the removal of files or data that you store in our servers by Microsoft, even if not intentionally marked for deletion or destruction by you. You shall always make the appropriate redundancy or backup measures for any and all data and information you stored on our servers.
C) To the maximum extent permitted by law, Amazenet Cloud disclaims any liabilities, losses, or damages that you may suffer in connection with your use of Amazenet Cloud unless otherwise provided by these terms and the terms and conditions of the additional agreements.
d) Some features of Amazenet Cloud may record a log of your I.P. addresses when you login to your user account. Amazenet Cloud may but does not undertake to notify you in the event of any irregular or abnormal log-in behavior (e.g., logging in from I.P. addresses in different locations in a very short period of time) with your account. You consent to our recording and logging of your I.P. address by using the Amazenet Cloud.
4.24 Speech Interaction and Other Voice Services
You represent and warrant that you have obtained explicit consent and all necessary rights to the voice data you upload, store, or share on the Amazenet Intelligent Speech Interaction ("ISI") Service and other Amazenet voice services for purposes of using these services. You shall ensure that you comply at all times with any personal data privacy laws and regulations, including but not limited to obtaining end user and/or data subject consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of voice services.
5. General Provisions
5.1 These Product Terms and the Terms (as defined in the Amazenet Cloud Membership Agreement) are the whole agreement between you and Amazenet Cloud about and control the use of the Amazenet Cloud Services, replacing any previous written or oral agreements about the same thing here.
5.2 You and Amazenet Cloud are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Product Terms.
5.3 If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.
5.4 Unless a right or remedy of you or Amazenet Cloud is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party's other rights and remedies at law and/or in equity.
5.5 You shall do and execute or procure to be done and executed all such further acts, deeds, things, and documents as may be necessary to give effect to the terms of these Product Terms.
5.6 Save for Amazenet Cloud and its affiliates, a person who is not a party to these Product Terms has no right under the Contracts (Rights of Third Parties) to enforce any term of these Product Terms.
5.7 Unless otherwise provided in the terms and conditions of the relevant Amazenet Cloud Services, under no circumstances shall Amazenet Cloud be held liable for any delay failure, or disruption of the content or services delivered through the Amazenet Cloud Platform (including the Amazenet Cloud Services) resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, epidemics, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
5.8 This Agreement shall be governed by the laws of Saudi Arabia without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Saudi Arabia.
Saudi Arabia Addendum to Amazenet Cloud Product Terms
These terms are applicable to users contracting with Amazenet Cloud (Saudi Arabia) Private Limited only.
In addition to the Product Terms above, the following additional terms are applicable only in respect of the Designated Products to any customer: (a) who purchases and/or uses the Designated Products; and (b) who is contracting with Amazenet Information Technology Company Ltd (Saudi Arabia) for such Designated Products. Notwithstanding anything else in these Product Terms, if there is any conflict or inconsistency between the following additional terms and any terms in the Product Terms, the following additional terms shall prevail only to the extent of the conflict or inconsistency. For the avoidance of doubt, the following additional terms are not applicable to all other Products which are not Designated Products. The general terms and conditions in the Product Terms shall apply to such other Products.
1. In relation to Designated Products only, Amazenet Cloud will provide reasonable advance notice before any suspension or termination of any Designated Products (or any features or functions within such Designated Products) referenced in Clause 3.3 of these Product Terms or in Clause 2.3 of the Amazenet Cloud International Website Terms of Use.
2. The fees for Designated Products shall be specified on the Amazenet Cloud Platform (the specific URL for such fees which may be updated from time to time). In relation to the Designated Products only, changes to fees and charges for Designated Products referenced in Clause 6.3 of the Amazenet Cloud Membership Agreement will take effect upon reasonable advance notice provided to you in a manner at the sole discretion of Amazenet Cloud.
3. In relation to complaints or disputes regarding our fees for the Designated Products:
a. in the event of a dispute, you shall not be required to pay any reasonably disputed amounts pending the resolution of the dispute, provided that you inform us of any disputed charge prior to the date on which the payment becomes due;
b. where you pay a bill and subsequently choose to contest the bill, you will have 1 year (starting from the date of the bill) to do so; and
c. we will conduct a complete and objective review of your complaint and will provide a written response, within 30 days of receiving notification that you are contesting a charge.
4. Notwithstanding Clause 5.8 of these Product Terms, if you and Amazenet Cloud are unable to resolve any dispute relating to the Designated Products, the parties may
(a) refer the matter to the Small Claims Tribunal, if the matter is within that body's jurisdiction;
(b) jointly submit the dispute to arbitration; or
(c) submit the dispute to any court of competent jurisdiction.
5. In relation to the Designated Products only, in respect of the matters referenced in Clause 6 of the Amazenet Cloud Membership Agreement and notwithstanding any terms applicable to any termination or suspension of the Designated Services in the Amazenet Cloud Payment and Tax Terms, without prejudice to its rights and remedies at law or equity, Amazenet Cloud may suspend or terminate the Designated Products registered with your Account on the Amazenet Cloud Platform, or limit or restrict your rights to your Account, by giving written notice (of any proposed termination or suspension of the Designated Products under the Amazenet Cloud Membership Agreement, the basis for such action and the means by which you can avoid such termination or suspension) of not less than 30 days if, in the sole opinion of Amazenet Cloud, you or your End Users (as defined in the Amazenet Cloud Membership Agreement) have engaged in any of the following:
. breached any of the Terms and such breach is incapable of being remedied;
ii. breached any of the Terms and where such breach is capable of being remedied, failed to remedy such breach within 30 days of receiving written notice of such breach from Amazenet Cloud.
iii. used the Designated Products in a way that poses a security risk to the Amazenet Cloud Platform or any third party;
iv. used the Designated Products in a way that subjects, or will subject, Amazenet Cloud or its affiliates to liability; or
v. become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceedings.
6. Notwithstanding anything in the Amazenet
Cloud Membership Agreement (including the Amazenet Cloud Payment and Tax Terms), Amazenet Cloud and/or any of its affiliates shall have the right to not offer any of the Designated Products to you on a prepaid payment basis.
7. In respect of any business subscriber of the Designated Products which registers for an Account (as defined in the Membership Agreement):
a) you consent to the collection, use, and disclosure of Subscriber Information (as hereinafter defined) by Amazenet Cloud and its affiliates for the purposes set forth in the Privacy Policy, into the matters set forth in Sections A, B, and C thereof, and notwithstanding that any such Subscriber Information may not constitute personal data. You may withdraw your consent to our collection, use, and disclosure of your Subscriber Information via the procedures outlined in Section F of the Privacy Policy;
b) you consent to your Subscriber Information being collected, used, and disclosed by any third party in connection with any assignment, novation, sale, or acquisition of any business, assets, or shareholdings of Amazenet Cloud as well as for the purposes of developing and marketing any goods or services; and
c) for the purposes of this addendum, Subscriber Information shall mean all information that we obtain because of your use of the Designated Products or as comprised within any Information as defined in the Privacy Policy.