Gascloud Technology Solutions, Inc. (Gascloud) provides small businesses and organizations with a variety of products and services subject to the following terms and conditions. If you visit or conduct electronic transactions in any way at Gascloud, you accept and agree to abide by these terms and conditions.
The following terms are used throughout this document:
Gascloud provides users with a variety of tools and resources to collect visitor email address and to create, send and manage emails campaigns (the “Services”). This service may not be used for sending of unsolicited emails called SPAM. See our Anti-Spam Policy. The following are the terms and conditions for use of the Services. By signing this document or after logging in for the first time, you accept these terms and conditions.
1. Services and Support
- The Services are provided subject to this Agreement, as it may be amended by Gascloud, and any guidelines, rules or operating policies that Gascloud may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Gascloud web site, or otherwise providing notice to you, Gascloud may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute email communications with visitors and other targeted prospects.
- You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself and the organization or company you represent as requested in the registration form. As part of the registration process, you will identify an email address and password for your Gascloud account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Gascloud reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
2. Restrictions and Responsibilities
- This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for business purposes only, strictly no personal use unless prior approval from Gascloud given.
- You acknowledge and agree that the Services and the Gascloud company names and logos and all related product and service names, design marks and slogans, are the property of Gascloud or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Gascloud. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Gascloud or its third-party suppliers, as the case may be.
- You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party contact lists in connection with preparing or distributing unsolicited messages to any third party. You hereby agree to indemnify and hold harmless Gascloud against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Gascloud has no obligation to monitor the content provided by you or your use of the Services, Gascloud may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Philippine law or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
- In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Gascloud. Gascloud may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
- Gascloud will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Gascloud will not use your customer information for the purpose of sending unsolicited commercial messages.
- You may not use Gascloud to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
- You may not use Gascloud to send message campaigns that link to or display nudity, obscene content, gambling related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
- You may terminate this Agreement upon 30 days written notice by contacting us. Correspondence must include your first name, last name, and Gascloud username.
- Gascloud may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Gascloud shall have no liability to you or any third party because of such termination. If Gascloud terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
- Gascloud may delete any of your archived data within 60 days after the date of termination. All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. GASCLOUD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND GASCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Gascloud to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GASCLOUD OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “GASCLOUD”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF GASCLOUD SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, GASCLOUD IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF GASCLOUD TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Gascloud and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Gascloud in any respect whatsoever.
- In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
- The Agreement shall be governed by the laws of the Republic of the Philippines without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the courts located in Bacoor City, Cavite, Philippines.
7. System Requirements
It is understood that in order to use Gascloud, a Windows PC or Mac with current versions of Internet Explorer, Google Chrome, Safari, and Firefox web browser must be used. Additionally, a stable connection to the Internet is recommended. Gascloud may work in a limited manner on other platforms, but there is no guarantee of functionality at any time.
8. Compliance rules for sending messages.
All Gascloud customers must follow our Anti-SPAM Policy and all existing Anti-SPAM act such as CAN-SPAM when sending messages through the service. These laws and policies will help ensure that Gascloud maintains its reputation and white-listing status with a number of major carriers and white-listing programs. If at any time your campaign is flagged as SPAM by a carriers subscribers, Gascloud reserves the right to suspend or cancel your account without notice.
9. Message and Permission Practices
- Every message that contains marketing related content sent in connection with the Services must contain an “Opt Out” mechanism that allows subscribers to remove themselves from your contact list. You acknowledge and agree that you will include and not remove, disable or attempt to remove or disable this mechanism.
- You agree to import, access or otherwise use only permission-based contact lists. Purchased contact lists are prohibited.
- You are responsible for monitoring, correcting, processing Opt Out requests within 10 days, and updating the email addresses to which messages are sent through your Gascloud account. Gascloud has tools available for managing opt-outs for you.
- Messages that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your message campaigns do not generate a number of abuse complaints in excess of industry norms. Gascloud, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
- Gascloud, at its own discretion, may immediately disable your access without refund to the Services if Gascloud believes in its sole discretion that you have violated any of the message and permission practices listed above, or the Gascloud Anti-Spam Policy.
10. Pricing and Payment Terms
All subscription plans are subject to change at any time. You are responsible for reviewing the price schedule from time to time and be aware of the prices charged by Gascloud. Gascloud will immediately advise you of price changes by email. Any objections must be raised within 5 working days for special consideration.