NewCloud Networks Cloud Backup Services 1 TB Offer
Terms & Conditions
iLoka, Inc. DBA NewCloud Networks (“NewCloud Networks”) offers the NewCloud 1 TB FREE Cloud Backup offer (“1 TB Offer”) at no cost for one (1) year from the provision date under the following terms and conditions:
Universal Terms & Conditions (Applicable to All Services)
- New Customers of NewCloud Networks Cloud Services Only. The 1 TB Offer is only available to new Cloud Backup Services customers (“Eligible Customers”). The Eligible Customer designation shall be limited to (1) new customers of NewCloud Networks and (2) existing NewCloud Networks Customers as long as the existing NewCloud Customers have never purchased NewCloud Networks Cloud Backup Services and have never previously requested a free trial for NewCloud Networks Cloud Backup Services.
- 1 Free Terabyte (TB) per Customer. Eligible Customers may only utilize the 1 TB Offer once. If NewCloud Networks determines that a Customer has created more than one account to receive additional Free Terabytes of services related to NewCloud Networks Cloud Backup Services, NewCloud Networks reserves the right to terminate any or all of the Customer’s services, accounts or trials at any time without notice.
- National Availability. The 1 TB Offer is available to eligible customers located in the United States and is available in all locations supported by NewCloud Networks, as specified in the Product Compatibility Matrix.
- Business Email Address. An email address from a business domain is required to activate the 1 TB Offer. Public personal email accounts do not qualify and will not be processed.
Service and Support
- Ownership. NewCloud Networks owns and retains all right, title, and interest, including all intellectual property rights (other than those owned related to third party licenses or software), in and to the Services and all technologies related thereto, including any and all algorithms or processes developed by Provider and all derivatives, modifications, or improvements of or to any of the foregoing made by or for the Provider, whether or not created or developed in connection with the Services. NewCloud Networks makes no claims for ownership of any content stored by the Eligible Customer using the NewCloud Networks Cloud Backup Services services under this Free Trial.
- Free. Eligible Customers that utilize the 1 TB Offer will not be charged for any fees or rates for using NewCloud Networks Cloud Services under during the offer period.
- Cloud Resources Uptime. NewCloud Networks will use commercially reasonable efforts to make sure that the Cloud Backup Resources are available for 99.99% of the 1 TB Offer period. If the Cloud Backup Resources are unavailable for any period of time during the 1 TB Offer period, the Customer shall have no recourse beyond contacting NewCloud Networks support for assistance.
- Technical Support Available. During the 1 TB Offer period, Customers will be eligible to receive technical support from NewCloud Networks by contacting NewCloud Networks’ Support Department.
- NewCloud Networks Cloud Services Purchase. If a Customer decides to purchase additional resources during the 1 TB Offer period, the Customer should contact NewCloud Networks’ Sales Department.
- Offer Period. Eligible Customers may participate in the 1 TB Offer for a period of up to one (1) year from the moment that they activate such offer period by submitting their activation form and accepting the 1 TB Offer. Those Customers will receive an email notification at the time of the activation, when they receive their credentials, and before the end of the Offer period.
- No Warranties. NewCloud Networks excludes all warranties of any kind, express or implied, with respect to any service provided as part of this 1 TB Offer, including warranties for merchantability, fitness for any particular purpose, or satisfactory quality or whether at common law or contract or tort or by statute, or otherwise.
- LIABILITY. IN NO EVENT WILL NEWCLOUD NETWORKS BE LIABLE TO THE ELIGIBLE CUSTOMER OR ANY OTHER PERSON FOR DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR BUSINESS PROFITS, LOSS OF REVENUE, WORK STOPPAGE, DATA LOSS, DATA CORRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR OTHERWISE, EVEN IF NEWCLOUD NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. Eligible Customers that utilize the 1 TB Offer shall defend, indemnify, and hold harmless NewCloud Networks, NewCloud Networks’ affiliates, officers, directors, employers, and agents from any and all claims, losses, liabilities, damages, causes of action, costs, fines, judgments and awards (whether arising under contract law, tort law, data protection law, or other law) that arise from or relate to the Eligible Customer’s use of NewCloud Networks’ networks and services.
Terminations and Cancellations
- Offer Termination. NewCloud Networks reserves the right to stop accepting new registrations for the 1 TB Offer at any time.
- Early Cancellation by Customer. Eligible Customers may cancel their 1 TB Offer at any time.
- Early Cancellation by NewCloud Networks. NewCloud Networks may cancel any 1 TB Offer for any reason and at any time.
- Offer Decommission. If, at the end of the 1 TB Offer period, a Customer decides to not purchase NewCloud Networks Cloud Backup Services, or, if the 1 TB Offer is terminated before the 1 year period has ended, the Customer shall immediately uninstall and discontinue all use of any software in respect of which a software license is provided to the Customer under this 1 TB Offer and NewCloud Networks will decommission the 1 TB Offer account and all Customer data will be erased in accordance with NewCloud Networks data destruction policy.
- Security Incidents. If the Cloud Resources are infected, hacked, or are compromised in any way, or if it is determined by NewCloud Networks that there is a potential threat to NewCloud Networks’ network or any of NewCloud Networks’ other customers, NewCloud Networks will utilize commercial best efforts to notify the Customer and may, in its sole discretion, disable the Cloud Resources until the Customer can take the appropriate actions to resolve the issue or contact NewCloud Networks to resolve the issue. NewCloud Networks may disable the Cloud Resources at any time if the Customer has violated NewCloud Networks’ Acceptable Use Policy(AUP), which NewCloud Networks may modify at any time at its sole discretion without notice to the Eligible Customers. The continued used of NewCloud Networks’ 1 TB Offer and this website following any such modification constitutes the Eligible Customer’s acceptance of the modified AUP.
- Entire Agreement. This 1 TB Offer agreement represents the entire understanding between the Parties with respect to its subject matter and supersedes any previous communication or agreements that may exist and this 1 TB Offer agreement can be amended only by a writing signed by both Parties.
- Governing Law. This Free Trial agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado without regard to its conflict of laws rules. Any controversy or dispute arising out of or relating to this agreement or the breach of this agreement, that is not promptly resolved by negotiation among the Parties, shall be resolved by legal proceedings in a federal or state court having its seat in Arapahoe County, Colorado.
Service-Specific Terms & Conditions
NewCloud Networks Cloud Backup
- System Compatibility. Eligible Customers will need to run compatible Veeam Cloud Connect (VCC) backup software on their servers in order to connect to NewCloud Networks Cloud Backup. For the list of supported VCC versions, see NewCloud Networks’ Product Compatibility Matrix.
Service and Support
- Service. NewCloud Networks Cloud Backup is the public Internet service delivered by NewCloud Networks that allows Customers to backup virtual machine’s data into Cloud Resources, which is storage and network bandwidth that comprises the NewCloud Networks Cloud Backup service.
- Credentials. NewCloud Networks will provide Eligible Customers with the URL and authentication credentials necessary for the Eligible Customer to connect to NewCloud Networks Secure Cloud Backup using Veeam Cloud Connect.
- Resources. NewCloud Networks will provide Cloud Resources which size will not exceed one (1) Terabyte (TB). If a Customer utilizing the 1 TB Offer provisions backup jobs in excess of that limit, NewCloud Networks is not responsible for any performance degradation or errors that may result from that over allocation. The Free 1 TB Offer is limited to one Tenant per repository.
- WAN Acceleration. Eligible Customers will not have access to the WAN accelerator appliance under this 1 TB Offer.
- Insider Protection Unavailability. Eligible Customers will not have access to the Insider Protection feature under this 1 TB Offer.