Alibi Cloud Video Surveillance - Terms and Conditions
ABOUT THIS AGREEMENT AND OUR SERVICES
Alibi Cloud VS Products and Services will be provided to you on the terms and conditions set forth in this Agreement (the "Agreement") by Alibi Security, one of its affiliates, or a reseller or a distributor of Alibi Cloud VS Products and Services. By downloading or using The Alibi Cloud VS PRODUCTS AND SERVICES, YOU ARE AGREEING ON BEHALF OF THE ENTITY USING THE Alibi Cloud VS PRODUCTS AND SERVICES THAT YOU WILL BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AND THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY.
We may change our prices for the Alibi Cloud VS Products and Services, and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement on our website. If you find the changes unacceptable, you have the right to cancel your Services. However, if you continue to receive any Services after the end of the notice period, you will be considered to have accepted the changes. You may not modify this Agreement by making typed, handwritten, or any other changes to it.
1.1 "Alibi Cloud VS," "we," "us," or "our" mean Alibi Security and its subsidiaries and affiliates.
1.2 "You," "yourself", "user," "subscriber," "client," "Customer", and "you" refer to the individual or legal entity registering for or using the Alibi Cloud VS Products and Services.
1.3 "Alibi Cloud VS Products and Services" means video recording services, data storage services, tracking services, monitoring and alerting services, video and audio transmission services, websites (including without limitation, www.alibisecurity.com/alibi-cloud-vs, login.alibisecurity.com/alibi-cloud-vs, and manage.alibisecurity.com/alibi-cloud-vs), hardware, equipment, bridges, CMVRs, cameras, documentation, features, tools, sensors, Alibi Cloud VS Software and Hardware, and any other Products and Services provided by Alibi Cloud VS or its authorized agents, resellers, distributors, and licensees. "Services" means the online or on location services provide to you by Alibi Cloud VS.
1.4 Alibi Cloud VS Software and Hardware" means software or hardware provided or sold to you by Alibi Cloud VS. "Alibi Cloud VS Software" means the software licensed for your use located on Alibi Cloud VS Hardware or for installation on your network or computers. "Alibi Cloud VS Hardware" means hardware purchased or provided for your use by Alibi Cloud VS such as DVR, NVR, Bridge, CMVR, computer, cameras, or network hardware. "Alibi Cloud VS Equipment" or "Equipment" means any devices either provided or sold to you as part of the Service.
1.5 "Computer" means a desktop or laptop computer, network device, and any storage device attached to them.
1.6 "Personal Information" means information that you may provide at the time of registration, purchase, or otherwise, such as name, physical location or address, IP address, e-mail address, gender, year of birth, billing information, payment information, credit card information, contact information, and postal code.
1.7 "Customer Data" includes any data you record via cameras or other devices into the Alibi Cloud VS Products and Services and any related data that are in the possession of Alibi Cloud VS or affiliates. Customer Data includes any data stored on any Alibi Cloud VS Software and Hardware or in the Alibi Cloud VS Services.
1.8 To "Publish" means to provide to or make accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you and/or by posting them to www.alibisecurity.com/alibi-cloud-vs or any other website you visit to register for, subscribe to, license, buy, or Use Alibi Cloud VS Products and Services.
1.9 To "Use" Alibi Cloud VS Products and Services means each time you visit an Alibi Cloud VS website, register with Alibi Cloud VS, download Alibi Cloud VS Software or receive Alibi Cloud VS Hardware, use Alibi Cloud VS Software or Hardware, view the status of an Alibi Cloud VS product, view video, control or interact with an Alibi Cloud VS Product or Service, view the status of your Customer Data, store or restore Customer Data, record data to the Alibi Cloud VS Services, or request support.
1.10 "Alibi Cloud VS Affiliate" means persons or entities who have provided products, licenses, or services to Alibi Cloud VS and persons or entities with which Alibi Cloud VS has entered into an agreement to sublicense or to provide Alibi Cloud VS Products and Services to users. This includes all resellers and distributors.
1.11 "Authorized User" means an employee, agent, or a contractor of the Customer who is authorized to use the Alibi Cloud VS Products and Services.
1.13 "Agreement" means this agreement and all attachments, amendments, and revisions.
1.14 "Customer Equipment" means software, hardware or services that you elect to use in connection with the Services. This might include cameras, power regulators, as well as networking and other computer equipment not provided by Alibi Cloud VS.
1.15 "Premises" means the customer location where Alibi Cloud VS Equipment is installed or the service is provided.
2. ALIBI CLOUD VS RECORDING AND DATA SERVICES
2.1 Video and Audio Recording. Alibi Cloud VS is responsible for recording your video in accordance with the selections you or your reseller make through the web-based control panel. Alibi Cloud VS does not make any further guarantee, expressed or implied, to record or store any other data.
2.2 Video Recording Status Reporting. Alibi Cloud VS will provide you with the ability to view the condition of the overall video recording status. It is your responsibility to verify that the video and data you intend to record is accurately setup in the web-based control panel and is being recorded and not reporting any errors. Alibi Cloud VS cannot be held responsible in any way if your video is not recorded.
2.3 Failed Video Recordings. Alibi Cloud VS is committed to maintaining reliable and redundant infrastructure to store your video and other data, however, Alibi Cloud VS cannot be held responsible if Customer Data is lost or recording fails.
2.4 All your video recordings and data stored in Alibi Cloud VS Product and Services, is considered confidential and private, and will be secured using standard and proprietary security methods. All your data is stored in facilities secured electronically and physically. In order to ensure integrity of data, Alibi Cloud VS computer software conducts bit level comparisons on some files and stores the data in an unidentifiable format on Alibi Cloud VS' storage servers. Alibi Cloud VS personnel require no express permission from you to view this unidentifiable version of the raw data being stored on Alibi Cloud VS' storage servers. From time to time, you may request that Alibi Cloud VS personnel assist in setup process, adjustments, or review information in the web-based control panel. This action may expose information and the contents of your data and video to Alibi Cloud VS personnel. You provide permission for Alibi Cloud VS Personnel to view your data and video.
3. GENERAL TERMS AND CONDITIONS
3.1 By registering to use Alibi Cloud VS Products and Services, and each time you use a Alibi Cloud VS Product or Service, you affirm your acceptance of this Agreement and agree to comply now and throughout the period of your use of the Alibi Cloud VS Products and Services and thereafter. If you do not agree to the terms of this Agreement in their entirety, do not Use Alibi Cloud VS Products and Services. You may not modify this Agreement by making any typed, handwritten, or any other changes to it.
3.2 Alibi Cloud VS may change this Agreement at any time, without prior notice to you, and in its sole discretion. The new or modified Agreement will be effective immediately upon posting on our website at https://www.alibisecurity.com/alibi-cloud-vs. If you do not agree to be bound by this Agreement as Published by Alibi Cloud VS from time to time, your sole and exclusive remedy is to discontinue using Alibi Cloud VS Products and Services and return any Alibi Cloud VS Equipment.
3.3 If you wish to cancel this Agreement when we make a change to it, you must do so in writing or by email within thirty (30) calendar days after your next Use of an Alibi Cloud VS Product or Service following the change in this Agreement. For this type of cancellation you will receive a pro-rata refund for any unused portion of your Alibi Cloud VS Products and Services as of your date of notice. You acknowledge and agree that if you do elect to cancel this Agreement within the specified period after a change, or if you cancel or fail to renew an expired or terminated Agreement for any reason, Alibi Cloud VS may delete any information that Alibi Cloud VS has obtained through your Use of Alibi Cloud VS Products and Services, including without limitation, your Customer Data, video recordings, configuration data, and account data. Alibi Cloud VS will not have any of your Customer Data available for your use -- it will all be deleted.
4. CHARGES AND BILLINGS
4.1. Charges, Fees, and Taxes You Must Pay. You agree to pay all charges associated with the Services, including, but not limited to, installation/service call charges, monthly/quarterly/yearly service charges, Alibi Cloud VS Product or Equipment charges, measured and per event charges, applicable federal, state, and local taxes and fees, regulatory recovery fees for municipal, state and federal government fees or assessments imposed on Alibi Cloud VS, permitted fees and cost recovery charges. You will be required to pay either the Alibi Cloud VS affiliate or Alibi Cloud VS depending upon whom you have purchased from.
4.2 How We Will Bill You. Unless you are subject to a minimum term arrangement, Services are provided to you on a month-month basis. You will generally be billed in advance for recurring service charges, equipment charges, and fees. Your bill may include pro-rated charges from the date you first begin receiving Services, as well as recurring charges for the next period and charges for non-recurring services you have received. You may be billed for some Services individually after they have been provided to you; If you receive Services under a promotion, after the promotional period ends, regular charges for the Services will apply. We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts and proportions that we determine.
4.3 Alternative Billing Arrangements. Alibi Cloud VS, Inc may agree to provide billing services on behalf of third parties, affiliates, or as the agent of the third party. Any such third-party charges shall be payable pursuant to any contract or other arrangement between you and the third party. We will not be responsible for any dispute regarding these charges between you and any third party. You must address all such disputes directly with the third party.
4.4 Payment by Credit Card or Check. If you use a credit card to pay for the Services, use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If Alibi Cloud VS does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by check, you authorize Alibi Cloud VS to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), or other statements or releases on or accompanying checks or other payments accepted by Alibi Cloud VS and any such notations shall have no legal effect.
4.5 Our Remedies if You Pay Late or Fail to Pay. Late or Non-Payments: You may be billed fees, charges, and assessments related to late or non-payments if for any reason (a) Alibi Cloud VS does not receive payment for the Services by the payment due date or (b) you pay less than the full amount due for the Services. Fees Not Considered Interest or Penalties: Alibi Cloud VS does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment. Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency's fees, reasonable attorneys' fees, and arbitration or court costs. Suspension/Disconnect: If you fail to pay the full amount due for any or all of the Services then Alibi Cloud VS, at its sole discretion in accordance with and subject to applicable law, may suspend or disconnect any or all the Services you receive and delete any and or all of your Customer Data.
4.6 Reconnection Fees and Related Charges. If you reinstate any or all Services after disconnection, we may require you to pay an installation fee and/or service activation fee. These fees are in addition to all past due charges and other fees. Reconnection of the Services is subject to our credit policies, this Agreement and applicable law.
4.7. Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Alibi Cloud VS within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days. If there are any billing errors or other requests for credit, you must bring those to our attention within sixty (60) days of the time you receive the bill for which you are seeking correction, unless applicable law provides for a longer period which cannot be waived or otherwise modified.
4.8. Email Billing. You agree to accept all bills via electronic delivery (email).
5. LEGAL REQUIREMENTS
5.1 Requirements for Registration or Use of Alibi Cloud VS Products. Alibi Cloud VS Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract. Alibi Cloud VS does not offer Alibi Cloud VS Products or Services to minors or where prohibited by law. By registering for and/or by Using Alibi Cloud VS Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to this Agreement and that you will Use Alibi Cloud VS Products or Services only in accordance with this Agreement and with all applicable laws. If you are Using Alibi Cloud VS Products or Services on behalf of an entity or organization, you warrant, represent, and covenant to Alibi Cloud VS that you are duly authorized to agree to these License and Warranty on behalf of the organization and to bind the organization to them. You agree to provide accurate and complete information when you register for an Alibi Cloud VS Product or Service and you agree to keep such information accurate and complete during the entire time that you Use Alibi Cloud VS Products or Services. We may ask you from time to time to establish a user name or password to access or Use the Alibi Cloud VS Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password. You acknowledge that the use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent security precautions and illegally gain access to Alibi Cloud VS Products and Services. Accordingly, Alibi Cloud VS cannot and does not guaranty the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
5.2. Lawful Use of Alibi Cloud VS Products or Services
You may not Use Alibi Cloud VS Products or Services for any unlawful purpose. Without limiting the foregoing:
Alibi Cloud VS Products or Services may not be used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required. In addition many states and countries have limitations and regulations regarding the recording of video and audio. You hereby agree and take full responsibility for complying with all state, local and federal laws in your jurisdiction regarding the recording of audio and video.
You may not Use Alibi Cloud VS Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you Use Alibi Cloud VS Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the Alibi Cloud VS Software or Hardware, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the Alibi Cloud VS Software or Hardware, directly or indirectly, to persons on the above mentioned lists; (v) You will neither Use nor allow the Alibi Cloud VS Software or Hardware to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The Alibi Cloud VS Software or Hardware will not be exported, directly, or indirectly, in violation of these laws, nor will the Alibi Cloud VS Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) You are not using or permitting others to Use Alibi Cloud VS Products or Services to create, store, backup, distribute, or provide access to child pornography.
6. CHANGES TO ALIBI CLOUD VS PRODUCTS AND SERVICES
6.1 Alibi Cloud VS has the right at any time to change, modify, add to, discontinue, or retire any Alibi Cloud VS Product or Service and any aspect or feature of the Alibi Cloud VS Products or Services including, but not limited to, the edition, the software, hours of availability, equipment needed for access or Use, the types of files that are stored, the maximum disk space that will be allotted on Alibi Cloud VS servers on your behalf either cumulatively or for any particular service, or the availability of Alibi Cloud VS Products or Services on any particular device or service.
6.1 Alibi Cloud VS will provide notice of material changes to the Alibi Cloud VS Products or Services or changes to this Agreement by posting them to www.alibisecurity.com/alibi-cloud-vs. Alibi Cloud VS shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes.
6.3 From time to time, Alibi Cloud VS may issue new releases, revisions, or enhancements to the Alibi Cloud VS Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the Alibi Cloud VS Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current version of this Agreement and any additional license terms that may accompany them.
6.4 Alibi Cloud VS may automatically update Alibi Cloud VS Products or Services or Equipment or Alibi Cloud VS Software you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, Alibi Cloud VS may, in its sole discretion, terminate your current license, continue to support your current Alibi Cloud VS Products or Services without the automatic update, or replace your Alibi Cloud VS Products or Services with other Alibi Cloud VS Products or Services. If Alibi Cloud VS terminates your Service on account of your failure or refusal to approve such fees, then Alibi Cloud VS will refund, on a pro-rata basis based on the remaining term of the current Service, any fees related to the period during which you will not have access to your Alibi Cloud VS Products or Services. If Alibi Cloud VS updates the Alibi Cloud VS Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Alibi Cloud VS Products and Services.
6.5 Alibi Cloud VS reserves the right at any time to change or modify fees for the Alibi Cloud VS Products or Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Alibi Cloud VS requires a fee for the Service, you will be given reasonable advance notice of such fees and the opportunity to cancel before such charges are imposed. If you elect not to pay any fees charged by Alibi Cloud VS, Alibi Cloud VS shall have the right to cease providing Alibi Cloud VS Products or Services to you. If you find a change in the Services unacceptable, you have the right to cancel your Services. However, if you continue to receive Services after the change, this will constitute your acceptance of the change.
7. ACCESS TO YOUR PREMISES, CUSTOMER EQUIPMENT, ALIBI CLOUD VS EQUIPMENT
7.1. Access to Premises. You agree to allow us and our agents the right to enter your property at which the Services and/or Equipment will be provided (the "Premises") at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Services and/or Alibi Cloud VS Equipment used to receive any of the Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow our agents and us into the Premises to perform the activities specified above. In addition, you agree to supply our agent, or us if we ask, the owner's name, address, and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises.
7.2. You agree to allow us and our agents the rights to insert cards and other hardware in the Customer Equipment, send software and/or "downloads" to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment and Alibi Cloud VS Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. If you are not the owner of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents access to the Customer Equipment to perform the activities specified above. In addition, you agree to supply us or our agents, if we ask, the owner's name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Customer Equipment to perform the activities specified above.
7.3. Data Collection, Encryption, Privacy, and Disclosure
8. MAINTENANCE AND OWNERSHIP OF EQUIPMENT AND SOFTWARE
8.1. You agree that except for the wiring installed inside the Premises ("Inside Wiring"), or equipment purchased by you from Alibi Cloud VS or its Affiliates, all Alibi Cloud VS Equipment belongs to us or third parties and will not be deemed fixtures or in any way part of the Premises. Alibi Cloud VS Equipment means all software or "downloads" to Customer Equipment or Alibi Cloud VS Equipment and all new or reconditioned equipment installed, provided or leased to you by us or our agents, including, but not limited to, cabling or wiring and related electronic devices, cable modems, voice capable modems, wireless gateway/routers, Bridges, Routers, NVR's, DVR's, CMVRs, and any other hardware excluding equipment purchased by you from Alibi Cloud VS. You agree to use Alibi Cloud VS Equipment only for the Services pursuant to this Agreement. We may remove or change the Alibi Cloud VS Equipment at our discretion at any time the Services are active or following the termination of your Services. You agree that our addition or removal of or change to the Alibi Cloud VS Equipment may interrupt your Services. You may not sell, lease, abandon, modify, or give away the Alibi Cloud VS Equipment, or permit any other provider to use the Alibi Cloud VS Equipment. The Alibi Cloud VS Equipment may only be used in the Premises. You agree that you will not allow anyone other than Alibi Cloud VS or its agents to service the Alibi Cloud VS Equipment. You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Alibi Cloud VS Equipment to us in an undamaged condition.
8.2 Alibi Cloud VS has no responsibility for the operation or support, maintenance, or repair of any Customer Equipment including, but not limited to, Customer Equipment to which Alibi Cloud VS or a third party has sent software or "downloads."
8.3 Alibi Cloud VS will replace or repair any on premise equipment provided as part of your Setup Fee provided that your account is in good standing and fully paid and you meet all of Alibi Cloud VS's customary requirements, and provided that the equipment has not been tampered with, has been properly cared for, has been maintained according Alibi Cloud VS guidelines, has been installed, operated or maintained in accordance with instructions supplied by Alibi Cloud VS or standard practice, and has not been subjected to abnormal physical or electrical stress, misuse, negligence or to an accident. The replacement may be the same or different equipment, however it will meet the original requirements. The replacement may be new or re-furbished equipment. Alibi Cloud VS makes no warrantee about the timeliness of the replacement.
8.4 End User Software Licenses. You agree to comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with the Services. All such agreements are incorporated in this Agreement by reference. When this Agreement terminates, all end user licenses also terminate; you agree to destroy at that time all versions and copies of all software received by you in connection with the Services.
9. USE OF SERVICES
9.1 You agree that the Services and the Alibi Cloud VS Equipment will be used only for internal purposes. You agree and represent that you will not resell or permit another to resell the Services in whole or in part. You will not use or permit another to use the Alibi Cloud VS Equipment or the Services, directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Alibi Cloud VS policy applicable to the Services. Use of the Alibi Cloud VS Equipment or Services for transmission, communications or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Alibi Cloud VS Equipment and/or Services at the Premises and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable Alibi Cloud VS policies including, but not limited to, acceptable use and privacy policies. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Services. You agree to indemnify, defend and hold harmless Alibi Cloud VS and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys' fees) arising out of the use of the Services, the Alibi Cloud VS Equipment and/or the Customer Equipment or the breach of this Agreement or any of the applicable Alibi Cloud VS policies by you or any other user of the Services at the Premises.
9.2 Alibi Cloud VS SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF Alibi Cloud VS PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY Alibi Cloud VS TO BE USING THE Alibi Cloud VS PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY Alibi Cloud VS OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER'S ACCOUNT WITH Alibi Cloud VS AND THE LICENSE TO USE THE Alibi Cloud VS PRODUCTS OR SERVICES.
9.3 You agree that Alibi Cloud VS may terminate your Services and access to the Alibi Cloud VS Products or Services for reasons including, but not be limited to, breaches or violations of these Terms of Service, a request by you to terminate your Account, discontinuance or material modification to the Alibi Cloud VS Products or Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Alibi Cloud VS Services includes termination of access to the Alibi Cloud VS Products or Services, deletion of your Customer Data. Upon Termination, you agree to uninstall and destroy software components provided to you as part of the Alibi Cloud VS Products or Services.
9.4 You agree that we may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of Alibi Cloud VS Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies, as we deem appropriate. Your consumption of Alibi Cloud VS Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Alibi Cloud VS' users. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative-pricing plan that will permit you to continue to use Alibi Cloud VS Products or Services. Although violations of this policy have been infrequent, we nevertheless reserve the right to terminate or suspend this Agreement without prior notice in the event of a violation of this policy.
This Agreement and the Services furnished hereunder may not be assigned by you. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may freely assign our rights and obligations under this Agreement with or without notice to you.
11. TERMINATION OF THIS AGREEMENT
11.1 Term. This Agreement will be in effect from the time that the Services are activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement. If you self-install Alibi Cloud VS Equipment, Services charges begin the earliest of (1) the day on which you picked up Alibi Cloud VS Equipment at our service center, (2) the day you install the Services, or (3) five (5) days after the date we ship the Alibi Cloud VS Equipment to you.
11.2 Termination by You. Unless you have signed a minimum term agreement, you may terminate this Agreement for any reason at any time by notifying Alibi Cloud VS in one of three ways: (1) send a written notice to Alibi Cloud VS business office; (2) send an electronic notice to [email protected]/alibi-cloud-vs; or (3) call our customer service line during normal business hours. Subject to applicable law or the terms of any agreements with governmental authorities, all applicable fees and charges for the Services will accrue until this Agreement has terminated, the Services have been disconnected, and all Alibi Cloud VS Equipment has been returned. We will not refund any prepaid service fees charged for Services. Upon termination of this agreement all your Customer Data will be deleted.
11.3 Suspension and Termination by Alibi Cloud VS. Under the conditions listed below, Alibi Cloud VS reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information, data, or video transmitted by or to any authorized users. Alibi Cloud VS may take these actions if it: (1) determines that your use of the Services does not conform with the requirements set forth in this Agreement, (2) determines that your use of the Services interferes with Alibi Cloud VS's ability to provide the Services to you or others, (3) reasonably believes that your use of the Services may violate any laws, regulations, or written and electronic instructions for use, or (4) reasonably believes that your use of the Services interferes with or endangers the health and/or safety of our personnel or third parties. Alibi Cloud VS' action or inaction under this Section shall not constitute review or approval of your or any other users' use of the Services or information or video transmitted by or to you or users.
11.4 Your Obligations Upon Termination. You agree that upon termination of this Agreement you will do the following:
You will immediately cease all use of the Services and all Alibi Cloud VS Equipment; You will pay in full for your use of the Services up to the date that this Agreement has been terminated and the Services are disconnected; and Within ten (10) days of the date on which Services are disconnected, you will return all Alibi Cloud VS Equipment to us normal wear and tear excepted. Otherwise, you will be charged the amount set forth in the current pricing lists for such Alibi Cloud VS Equipment. You may also be charged incidental costs that we incur in replacing the Alibi Cloud VS Equipment. Upon our request during regular business hours at a time agreed upon by you and us, you will permit us and our employees, agents, contractors, and representatives to access the Premises during regular business hours to remove all Alibi Cloud VS Equipment and other material provided by Alibi Cloud VS.
12. LIMITED WARRANTY
12.1 THE ALIBI CLOUD VS SOFTWARE AND SERVICES are provided "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALIBI CLOUD VS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE ALIBI CLOUD VS EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER ALIBI CLOUD VS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT ANY COMMUNICATIONS OR VIDEO WILL BE TRANSMITTED OR STORED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. Alibi Cloud VS and the Alibi Cloud VS Affiliates do not warrant that the functions contained in the Alibi Cloud VS Products or Services will meet your requirements, that the operation of the Alibi Cloud VS Products or Services will be uninterrupted or error-free, or that defects in the Alibi Cloud VS Products or Services will be corrected. Alibi Cloud VS and Alibi Cloud VS Affiliates do not warrant or make any representations regarding the use or the results of the use of the Alibi Cloud VS Products or Services in terms of their correctness, accuracy, reliability or otherwise. Alibi Cloud VS and Alibi Cloud VS Affiliates do not represent or warrant that users will be able to access or use the Alibi Cloud VS Products or Services at times or locations of their choosing, or that Alibi Cloud VS and Alibi Cloud VS Affiliates will have adequate capacity for any user's requirements. No oral or written statement, information or advice given by Alibi Cloud VS, Alibi Cloud VS Affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties. You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period.
12.2 LIMITED HARDWARE WARRANTY FOR PURCHASED ALIBI CLOUD VS HARDWARE. Alibi Cloud VS or authorized Distributor selling the Alibi Cloud VS Product or Service, if sale is not directly by Alibi Cloud VS, warrants that commencing from the date of delivery to you (but in case of resale by a Alibi Cloud VS reseller, commencing not more than sixty (60) days after original shipment by Alibi Cloud VS), and continuing for a period of one (1) year: (a) its Alibi Cloud VS Hardware (excluding any software) will be free from material defects in materials and workmanship under normal use; and (b) the software provided in connection with its hardware, including any software contained or embedded in such products will substantially conform to Alibi Cloud VS published specifications in effect as of the date of manufacture. Except for the foregoing, the software is provided as is. In no event does Alibi Cloud VS warrant that the software is error free or that you will be able to operate the software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Alibi Cloud VS does not warrant that the software or any equipment, system or network on which the software is used will be free of vulnerability to intrusion or attack. The limited warranty extends only to you the original buyer of the Alibi Cloud VS product and is non-transferable. Your sole and exclusive remedy and the entire liability of Alibi Cloud VS under this limited warranty shall be, at Alibi Cloud VS or its service centers option and expense, the repair, replacement or refund of the purchase price of any Alibi Cloud VS Hardware sold which do not comply with this warranty. Hardware replaced under the terms of this limited warranty may be refurbished or new equipment substituted at Alibi Cloud VS option. Alibi Cloud VS obligations hereunder are conditioned upon the return of affected articles in accordance with Alibi Cloud VS then-current Return Material Authorization ("RMA") procedures. All parts will be new or refurbished, at Alibi Cloud VS discretion, and shall be furnished on an exchange basis. All parts removed for replacement will become the property of the Alibi Cloud VS. In connection with warranty services hereunder, Alibi Cloud VS may at its discretion modify the hardware of the product at no cost to you to improve its reliability or performance. The warranty period is not extended if Alibi Cloud VS repairs or replaces a warranted product or any parts. Alibi Cloud VS may change the availability of limited warranties, at its discretion, but any changes will not be retroactive. IN NO EVENT SHALL Alibi Cloud VS LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION. This limited warranty does not apply to Alibi Cloud VS products that are or have been (a) marked or identified as "sample" or "beta," (b) loaned or provided to you at no cost, (c) sold "as is," (d) repaired, altered or modified except by Alibi Cloud VS, (e) not installed, operated or maintained in accordance with instructions supplied by Alibi Cloud VS or standard practice, or (f) subjected to abnormal physical or electrical stress, misuse, negligence or to an accident.
13. LIMITATION OF ALIBI CLOUD VS LIABILITY
13.1 Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of Alibi Cloud VS and its underlying third-party service providers, agents suppliers, distributors, licensors and business partners (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
13.2 Customer Equipment. CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, UPDATING, REPAIR, AND REMOVAL OF ALIBI CLOUD VS EQUIPMENT, CUSTOMER EQUIPMENT AND/OR THE SERVICES. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER ALIBI CLOUD VS NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY ALIBI CLOUD VS, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS. WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY. ALIBI CLOUD VS EQUIPMENT MAY SCAN YOUR NETWORK, ADJUST SETTINGS ON YOUR EQUIPMENT, OR OTHERWISE INTERACT WITH EQUIPMENT ON YOUR NETWORK. ALIBI CLOUD VS IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGE, LOSS OF DATA, OR ANY OTHER CONSEQUENCES OF THIS.
13.3. Other Services or Equipment. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST ALIBI CLOUD VS FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE ALIBI CLOUD VS EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES. NEITHER ALIBI CLOUD VS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, RESELLERS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT. In addition, as part of the installation process for the software and other components of the Services, system files on your Customer Equipment may be modified. Alibi Cloud VS does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. Alibi Cloud VS does not represent, warrant, or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including, but not limited to, your computer(s). FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER ALIBI CLOUD VS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
13.4 Disruption of Service. The Alibi Cloud VS Products and Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property, or environment ("High Risk Activities"). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, ANY SERVICE CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. Any credits provided by Alibi Cloud VS are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Alibi Cloud VS. You acknowledge and agree that the Alibi Cloud VS Products or Services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that Alibi Cloud VS makes no warranty and shall have no liability arising from any Use of the Alibi Cloud VS Products or Services in any high risk or strict liability activities.
13.5 Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Services, including without limitation, their services, equipment, infrastructure, or content. Alibi Cloud VS is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure, or content, whether or not they constitute components of the Services. Alibi Cloud VS shall not be bound by any undertaking, representation or warranty made by an agent, or employee of Alibi Cloud VS or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Services, if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. Alibi Cloud VS is not responsible for any services, equipment, or infrastructure that are not provided by us, and we shall have no liability with respect to such services, equipment, infrastructure, and content.
13.6. Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER ALIBI CLOUD VS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, RESELLERS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE ALIBI CLOUD VS EQUIPMENT OR THE SERVICES OR (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES, THE ALIBI CLOUD VS EQUIPMENT, OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF VIDEO, OR OTHER INFORMATION OR DATA); OR
(2) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE ALIBI CLOUD VS EQUIPMENT OR THE SERVICES BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
13.7. Customer's Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. The above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of Alibi Cloud VS and its employees, affiliates, suppliers, agents, contractors, distributors, licensors and business partners is limited to the maximum extent permitted by law.
13.8 Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
14. INDEMNIFICATIONS AND LIABILITY OF CUSTOMER
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS ALIBI CLOUD VS AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICES OR ALIBI CLOUD VS EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICES OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; and (c) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL PROVIDE AN UNLIMITED PERPETUAL ZERO COST LICENSE TO Alibi Cloud VS FOR ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH YOU EITHER OWN OR CONTROL THAT ARE UTILIZED IN ANY ALIBI CLOUD VS PRODUCT.
15. BINDING ARBITRATION
15.1 Purpose. If you have a Dispute (as defined below) with Alibi Cloud VS that cannot be resolved through an informal dispute resolution with Alibi Cloud VS, you or Alibi Cloud VS may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts.
15.2 Definitions. The term "Dispute" means any dispute, claim, or controversy between you and Alibi Cloud VS regarding any aspect of your relationship with Alibi Cloud VS, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, "Alibi Cloud VS" means Alibi Cloud VS and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
15.3 Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Alibi Cloud VS elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Commercial Arbitration Rules of the American Arbitration Association "AAA".
15.4 Arbitration Procedures. Because the Services provided to you by Alibi Cloud VS concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from Alibi Cloud VS may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Alibi Cloud VS. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
15.5 Restrictions: YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES) ABOUT WHICH YOU MUST CONTACT ALIBI SECURITY WITHIN SIXTY (60) DAYS AS PROVIDED IN THIS AGREEMENT, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS
15.6. Location of Arbitration. The arbitration will take place in Austin, TX.
15.7. Payment of Arbitration Fees and Costs. YOU ARE RESPONSIBLE FOR ALL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN ALIBI CLOUD VS'S FAVOR, YOU SHALL REIMBURSE ALIBI CLOUD VS FOR ITS FEES AND COSTS. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE ALIBI CLOUD VS FOR ANY OF THE FEES AND OF ALIBI CLOUD VS.
15.8. Sever-ability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Alibi Cloud VS have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
15.9. Exclusions from Arbitration. YOU AND ALIBI CLOUD VS AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY ALIBI CLOUD VS THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (4) ANY DISPUTE THAT ARISES BETWEEN ALIBI CLOUD VS AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. Â§ 522(9); AND (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
15.10. Continuation. This Arbitration Provision shall survive the termination of your Services with Alibi Cloud VS.
16. CUSTOMER PRIVACY NOTICE AND SECURITY
16.2 To the extent Alibi Cloud VS is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you. It is Alibi Cloud VS' information security policy to provide such notice to you in the manner set forth in Section 16.
17.1 Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between you and Alibi Cloud VS with respect to the subject matter of this Agreement, and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Alibi Cloud VS does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between you and Alibi Cloud VS nor trade practice shall act to modify any provision of this Agreement.
17.2 Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that: You are at least 18 years of age and that during the term of this Agreement, you have provided and will provide to Alibi Cloud VS information that is accurate, complete and current, including without limitation your legal name, address, telephone number(s), and payment data (including without limitation information provided when authorizing recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. Failure to provide and maintain accurate information is a breach of this Agreement.
17.3. Revocable License. The Services and Alibi Cloud VS Equipment, including, but not limited to, any firmware or software embedded in the Alibi Cloud VS Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Alibi Cloud VS Equipment or used to provide the Services. You expressly agree that you will use the Alibi Cloud VS Equipment exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
17.4. Protection of Alibi Cloud VS' Information and Marks. All Services information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "marks") of Alibi Cloud VS and its affiliates are and shall remain the exclusive property of Alibi Cloud VS. Nothing in this Agreement shall grant you the right or license to use any of the marks. You expressly agree to transfer any domain names upon request to Alibi Cloud VS that utilize or refer to our product or company names.
17.5 Export Laws. You expressly agree to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Services in any way that violates any provision of such laws or their implementing regulations.
17.6. Retention of Rights. Nothing contained in this Agreement shall be construed to limit Alibi Cloud VS' rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Alibi Cloud VS and its suppliers reserve the right to delete all your data, files, electronic messages, video or other Customer Data that is stored on Alibi Cloud VS' or its suppliers' servers or systems. We shall have no liability whatsoever as the result of the loss of any such data or video.
18. NOTICE METHOD FOR CHANGES TO THIS AGREEMENT
We will provide you notice of changes to this Agreement consistent with applicable law. The notice may be provided on your periodic bill, as a bill insert, in a newspaper, by email, via website, or by other permitted communication. If you find the change unacceptable, you have the right to cancel your Services. However, if you continue to receive the Services after the change, we will consider this your acceptance of the change.
18. INTELLECTUAL PROPERTY RIGHTS
Alibi Cloud VS does not claim any ownership of any material that you publish, transmit or distribute using Alibi Cloud VS. By using Alibi Cloud VS to publish, transmit, or distribute material or content, you (1) warrant that the material or content complies with the provisions of this Agreement, (2) consent to and authorize Alibi Cloud VS, its agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (3) warrant that you have the right to provide this authorization. You acknowledge that material posted or transmitted using Alibi Cloud VS may be copied, republished or distributed by third parties, and you agree to indemnify, defend, and hold harmless Alibi Cloud VS, its agents, suppliers, and affiliates for any harm resulting from these actions.
19. ENGLISH LANGUAGE
These License and Warranty were negotiated and written in English. Any inconsistency between the License and Warranty as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version.
20. COPYRIGHT INFRINGEMENT NOTIFICATIONS
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by Alibi Cloud VS: [email protected]
If you believe content hosted by Alibi Cloud VS infringes a copyright, please provide the following information in the email identified above (17 U.S.C. Â§ 512): (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You agree to reimburse Alibi Cloud VS for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Alibi Cloud VS.
Alibi Cloud VS is not responsible for misprints, errors or omissions in its advertising and promotional materials.
If you have designated a person (whether by email, orally, by registering such person with Alibi Cloud VS, or by granting such person access to your username and password) to have access to your Customer Data, in the possession or control of Alibi Cloud VS, you hereby grant Alibi Cloud VS the right to give that person access to your Customer Data, including without limitation in the event of your death or incapacity
22. RESTRICTIONS ON ACCESS
You may access Alibi Cloud VS Products or Services only through the interfaces and protocols provided or authorized by Alibi Cloud VS. You agree that you will not access Alibi Cloud VS Products through unauthorized means, such as unlicensed software clients, tampering, reverse engineering, or other means.
23. DELETION OF YOUR DATA
If your Agreement to Use Alibi Cloud VS Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Alibi Cloud VS and the Alibi Cloud VS Affiliates may, without notice, delete or deny you access to any of your Customer Data that may be in their possession or control. You agree that if your license has been terminated, expired, or otherwise lapsed for any reason, that your Customer Data may not be available. You agree that Alibi Cloud VS and Alibi Cloud VS Affiliates may retain (but shall have no obligation to retain) your Customer Data for a period after your Agreement has been terminated, expired, or otherwise lapsed, as part of Alibi Cloud VS' marketing to you the opportunity to purchase, renew, or extend the Agreement.
Revision 1.4 ACVS08.0820.19