Casicloud INDICS International Platform Agreement of Service
Welcome to using Casicloud INDICS International Platform (https://intl.indics.com) and its products and services (Casicloud INDICS International Platform and its products and services hereinafter collectively referred to as “Services”). The Services are provided by Casicloud-Tech Co., Ltd. (hereinafter referred to as “Casicloud”).
Please read Casicloud INDICS International Platform Agreement of Service (hereinafter referred to as “this Agreement”) carefully. By accessing, browsing or using Services, you are agreeing to this Agreement and to be bound by this Agreement.
1. Using Services
1.1 You use Services only as permitted by law and this Agreement. Casicloud will suspend or stop providing Services to you if you do not comply with this Agreement or if you have suspected misconduct.
1.2 Don’t misuse Services. You shall not to use any equipment, software or program to interfere with the normal operation of Services or to interfere with anyone use of Services.
1.3 Casicloud makes no warranty or representations of you using the service provided by any third parties or other services containing the same or similar names with Service. Meanwhile, Casicloud shall reserve the right to take further legal actions against your potential infringing activities.
2. Casicloud Account
2.1 You shall create a Casicloud Account in order to use some function of Services. The proprietary of the Casicloud Account belongs to Casicloud. You only have the right to use the Casicloud Account created by you. The right of use shall not be transferred, lent, leased, sold or donated.
2.2 To protect your Casicloud Account, you need keep your account and password confidential. You are responsible for the activity that occurs on or through your Casicloud Account or password. If you find any unauthorized use of your Casicloud Account or your password, you need inform us in time.
3. Privacy Protection
3.1 Casicloud respects your privacy. Casicloud recognizes the need for appropriate protections and management of your personal information that you provide Casicloud and Casicloud obtains from your use of our Services.
3.2 Casicloud may collect information that you provide Casicloud and Casicloud obtains from your use of our Service, such as the name, telephone number, address, location information, email address, user IDs and passwords, transaction information, which pages you visit, what content you view and how often you come to our sites. Personal information collected online may be supplemented with information you provide Casicloud through Cookies, tracking and spot tags.
3.3 Casicloud uses your information to provide services to you, to communicate with you, to help you complete a transaction, to improve performance of our Services and the overall visitor experience. If you do not provide your personal information to Casicloud, Casicloud may be unable to complete these functions. Casicloud will also pass on your information to a third partiesparties, such as a partner, if you have asked us to do so.
3.4 Casicloud may share personal information with third parties, such as service providers and/or suppliers, to the extent needed to respond to requests for information on products and/or services or deliver the service or support the customers' business needs. Third parties receiving personal information is expected to apply privacy protection and only uses it for originally intended.
3.5 Casicloud shall not disclosure your personal information to others. Without your permission, Casicloud will not share personally identifiable information with other third parties, except in the following cases:
1) releasing authorized by yourself;
2) needed to share your information with others in order to be able to provide the products or services you requested;
3) according to the mandatory provisions of the relevant laws and regulations;
4) according to the relevant law enforcement agencies;
5) using within the group of affiliated our companies;
6) in the event of an emergency, to protect the safety of Casicloud or its users or the public.
3.6 If you need to have a correction made to personal information that you have provided to Casicloud, please contact with kf@Casicloud.cn . Casicloud may verify your identity before correcting your personal information.
3.7 If you wish to cancel your Casicloud Account, please contact with kf@Casicloud.cn . Casicloud will retain and use your information as necessary to comply with Casicloud’s legal obligations, resolve disputes, and enforce this Agreement.
3.8 To maximize the protection of your personal information and privacy, Casicloud employs industry-standard controls including physical access controls, Internet firewalls, encryption, intrusion detection, and network monitoring. You acknowledge and agree that, notwithstanding the foregoing, your personal information and privacy may be illegally exploited by others to take technical disruptions.
3.10 Casicloud collects and/or logs the website visitor’s location, Internet Protocol addresses, Internet domain names, the web browser and operating system, the time and date of each visit, the files visited and the time spent in each file. Casicloud collects this information through the use of log files and web beacons.
3.11 The personal data that may be accessed due to Casicloud’s role as a cloud services and Infrastructure-as-a-Service provider is not governed by this Agreement.
3.12 If you have any questions regarding this Agreement or believe that the privacy of your personal information has not been respected, you may submit a complaint in writing to kf@Casicloud.cn .
3.13 Casicloud may change or update this Agreement at all times and notify you the changes on the Casicloud Platform, since the release the entry into force. If Casicloud makes big changes to this Privacy Terms, Casicloud will notify you either by prominently posting a notice of change or by directly sending you a notification.
4. Your Content in Services
4.1 Some of Services allow you to release (including but not limited to upload, submit, store, send or receive) contents. The contents of your publication shall be in conformity with China and / or your local laws and regulations, and shall not contain the following information:
1)those that violate China’s or your local Constitution and law;
2)those that propagate obscenity, pornography, gambling, violence, terrorism or instigate crimes;
3)those that insult or slander others, or infringe upon the lawful rights and interests of others(including but not limited to Intellectual Property, Privacy, Reputation Right, Goodwill, Portrait right);
4)those that advertising without the written consent of Casicloud;
5)those that interfere with the normal operation of Casicloud;
6)those that false information;
7)those that destroy the software or program of another person's computer（including but not limited to virus, Trojan or worm）
4.2 When you release contents to or through our Services, you grant Casicloud and our partners a non-exclusive, worldwide, free, irrepealable, permanent license to use, store, host, translate, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such contents.
4.3 Casicloud analyze that you release contents (including emails) to provide you personally relevant services.
4.4 Casicloud will mask, delete the contents of your publication without any prior notice if the contents of your release are not comply with the applicable law or this Agreement.
5. About Software in Services
5.1 When a Service includes downloadable or on cloud platform software, Casicloud may update the software a periodically in order to ensure the security and user experience of the software and services. Casicloud have the right to update the software directly without your consent.
5.2 Casicloud grants you a non-assignable, non-exclusive, personal and worldwide license to use the software provided to you by Casicloud as part of our Services in accordance with the provisions of this Agreement.
5.3 You acknowledge and agree that the software contained in our services cannot achieve the function of technology, technical effect, business effect that you desired and also cannot be guaranteed without any fault. You agree that you waive any claims against Casicloud with respect to using of the software contained in our services.
5.4 You shall not do, and you will not encourage, help or authorize others to, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the our Services Software, whether in whole or in part, or create any derivative works from or of the our Services Software.
6. Third Parties technology, services or links
6.1 Our Services may provide the technical, services or links of the Third Parties to you. Casicloud is not responsible for review the contents of the technical, services or links of the Third Parties. If you need use the technical, services or links of the Third Parties, you are responsible for review its authenticity, legitimacy or availability.
6.2 Casicloud does not guarantee the effectiveness, accuracy, timeliness and safety of the technical, services or links of the third parties. You agree that you waive any claims against Casicloud with respect to using of the technical, services or links of the third parties.
6.3 When you use the technical, services or links of the Third Parties through our Services, in addition to compliance with this Agreement, you shall be subject to the technical and services relevant terms and conditions of Third Parties.
7. Intellectual Property Protection
7.1 Unless otherwise agreed, Casicloud has the proprietary rights and intellectual property right of all the Information of Service, including but not limited to, images, texts, data, codes and software of Service. Without written permission of Casicloud, no one shall make any reproduction, communicate, or using of the Information. Casicloud prohibits unauthorized automatically accessing to the Information, data and other materials of our Service by computer programs or by other means.
7.2 Casicloud respects your intellectual property rights. You should determine the information that can be public in your own discretion. Unless you have a specific written statement, all the information you have uploaded or sent to our service, including but not limited to the texts, images, technical solutions, product design drawings, technical secrets, computer programs, technical documentation, audio-visual materials (hereinafter referred to as the information) is agreed to be public or authorized public by Casicloud (including any third parties authorized or retained by Casicloud, the same reference shall has the same meaning in following provisions), and you should bear the legal consequences arising from you uploading or sending information to service. You agree that you waive any claims against Casicloud with respect to the foregoing publication.
7.3 You shall not infringe intellectual property rights of others. If information that you public or you authorized Casicloud to public is infringing the intellectual property rights of others, you agree that you are responsible for all legal responsibilities incurred and you will try the best efforts to prevent Casicloud from being involved in such disputes. You will compensate Casicloud any losses or damages (including but not limited to compensation, attorneys' fees, investigation expense) incurred by your infringing actions.
7.4 Without the written permission of Casicloud, You may not use any "deep links", "crawl pages", "robots", "spiders" or other automated devices, programs, algorithms, methods or other similar manual procedures to access, obtain, copy or monitor any Information of our Service.
7.5 Our Services provides for the download of proprietary Casicloud software or open source software from Casicloud Platform (“Software”), such Software is protected by the copyright, patent right or other intellectual property rights of Casicloud or the third parties. Any using the Software is subject to this Agreement or open source license agreement.
7.6 Casicloud reserves all rights to its trademarks, service marks and logos (including but not limited to “航天云网”、“Casicloud”、“”and “INDICS”), which together with the trademarks, service marks and logos of subsidiaries of Casicloud will be collectively referred to as “Casicloud Marks”.
8 Modifying and/or Terminating Services
8.1 You acknowledge and agree that Casicloud is constantly changing and improving Services and may add or remove some functions of our Services and also may suspend or stop a Service.
8.2 You can stop using Services at any time. You acknowledge and agree that, without any prior notice, Casicloud will stop providing Services to you, or add or create new limits to Services at any time.
9. Liability and compensation
9.1 You guarantee that Casicloud will not be liable for any claim or liability for any action you use of Services.
9.2 You agree with the situation in 9.1, you will full compensation to Casicloud 's losses which including reasonable fees to be paid in respect of investigation, preparation or litigation (including but not limited to attorneys' fees, transportation fees, accommodation fees, legal fare, investigation fees, notary fees).
10. Our warranties and disclaimers
10.1 Casicloud will does a reasonable duty of care when Casicloud provides our services.
10.2 except as expressly provided in this agreement, Casicloud does not warrant than the information, content, materials, products (including software) or other services through our services, our server or electronic communications sent from our services are free of viruses or other harmful components. You expressly agree to take the risk of using our services.
10.3 to the full extent permissible by applicable law, Casicloud disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, serviceability, proprietary rights or non-infringement.
10.4 you acknowledge and agree that Casicloud is not responsible for any of the foregoing information and transactions, based on any of our services provided by Casicloud or the information posted on c platform.
10.5 for any transactions that you use, with the help of or relying on the information or offer any third parties posted on Casicloud platform, or any transactions you may have with any third parties through the use, with the help and reliance on any information posted on Casicloud platform, you know that Casicloud is not involved in the transaction, you will try the best efforts to prevent Casicloud from being involved in such transaction disputes. You will compensate Casicloud any losses or damages incurred by any transaction or dispute between you and any third parties.
11. Governing Law and Dispute Resolution
11.1 The formation, validity, interpretation and performance of this Agreement, and any dispute arising from this Agreement, shall be governed by the laws of People's Republic of China Laws, including the law applicable.
11.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, whether in tort, contract, under statute or otherwise, including any question regarding its existence, validity, interpretation, breach or termination (a "Dispute"), shall attempted in the first instance to resolve such dispute through friendly consultations. If the dispute is not resolved in friendly consultations within 15 days after the commencement of discussions, then you or Casicloud shall be referred to and finally resolved by binding arbitration at the China International Economic and Trade Arbitration Commission ("CIETAC") in Beijing in accordance with the arbitration procedures and rules thereof. Any award or determination by the CIETAC tribunal shall be final and binding on you and Casicloud.
12. About this Agreement
12.1 This Agreement is an agreement between you and Casicloud for using Services.
12.2 The contents of this Agreement include contents herein and all agreements, rules, declarations, and policies that have been published or will be published time to time in the future relating to our Services. All such agreements, rules, declarations and policies shall constitute an intergral part of this Agreement and have the same legalvalidity, they shall not be seperated from this Agreement.
12.3 If any provision of this Agreement is or becomes invalid or impracticable or should a necessary provision not be contained in this Agreement, the validity of this Agreement and the remaining provisions of this Agreement shall remain unaffected.
12.4 Failure or delay on Casicloud hereto to exercise a right under this Agreement shall not operate as a waiver thereof. Casicloud shall be responsible for the interpretation of this Agreement.