WOW Cloud Network Terms and Conditions

Information About WoW Cloud Network and it's Service

WOW Cloud Network provides you with a solution for securely storing and sharing your files. We try our best to provide you with a flawless service, but when bugs surface or interruptions occur, we will make an effort to fix them in the shortest time possible. You are fully responsible for your content - do not share illegal files. We do not access or use your storage data in any way other than your own usage of our service. We do not review or sell your storage data in any way. Our website may contain third party cookies or analytics. We reserve the right to cross advertise to third parties while accessing our site. We make money from our paying users and by third party advertisers, advertising programs and advertising analytics. If you abuse our service, we will have to do things we really do not like doing - like terminating your account.

You can always delete part or all of your data. There is no other data stored with us than what you can see and access. You may not look at any other customer accounts unless they have given you permission. Please keep in mind that if you lose or forget your password, we cannot help you. We cannot recover your passwords. It should be noted that if you do not keep your account payments up to date, we reserve the right to close your account without notice and we are not responsible for any data you may lose. We encourage you to keep off cloud backups.

Terms and Conditions

These Terms of Service ("Terms") govern your use of the WOW Cloud Network website located at WoWCloudNetwork.com (the "Site") and the WOW Cloud Network services, including the API (Application Program Interface) and all other services available on or through the Site (collectively the "Services"). These Terms apply to all users of the Site and Services. By using the Site or Services, you agree to these Terms.

Introduction

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our websites, WoWCloudNetwork.com,

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Service, collectively "Legal Terms", constitute the entire and only agreement between you and WOW Cloud Network, and supersede all other agreements, representations, warranties and understandings with respect to our Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service. The last update to our Terms of Service was posted on August 1, 2024

Definitions

The terms “us” or “we” or “our” refers to WOW Products Network LLC--- (Wow Cloud Network DBA), the owner of the Service. A “Visitor” is someone who merely browses our Service, but has not registered as Member. A “Member” is an individual that has registered with us to use our Service. Our “Service” represents the collective functionality and features as offered through our Service to our Members. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Service are collectively known as our “Content”.

Changes to these Terms

From time to time, we may change these Terms and Conditions ("The Terms"). If we change these Terms, we will inform you by posting the revised Terms on the Site. When visiting the Site, we encourage you to make sure you have read the most recent version of these Terms. Those changes will take effect on the Revision Date, shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms.

Warranty Disclaimer

Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WOW CLOUD NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WOW Cloud Network, makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, advertising and/or marketing campaigns, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components.

Eligibility

You must be at least 18 years old to use the Site or the Services.

Additional Terms

Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through, prior to your use of that Service. By using the Services, you agree to the Additional Terms.

Access to the Site

In order to use the Site or Services, you must first register to set up an account with us by completing the account registration form available on the Site. We trust you to use the WOW Cloud Network services responsibly. You only need to register once. Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. Registering more than one WOW Cloud Network account on your behalf will be treated as an abuse of our service, and we reserve the right to suspend your access to the services. We KYC all WOW Cloud Network customers using Plaid.

You must ensure that any registration details you provide are accurate. Please check carefully the details you have provided in the online form before finalizing your application to register. You can check for errors on screen before submitting the online form. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update the information you have provided us with, including your account settings, in the relevant area of the Site.

If your application to register to use the Site and Services is accepted, you will be assigned an access code via (email) Username and password you submitted with your application (together referred to as your "Credentials"). You must keep your Credentials confidential and must not reveal them to anyone.

You are responsible for all activities performed under your Credentials. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your Credentials, or if you otherwise become aware of any unauthorized use of your Credentials or another security breach. If you are using our password management services, you must understand that we do not store or have access to your master password and that, if your master password is lost, stolen, forgotten, or otherwise unavailable to you, we cannot retrieve your master password and you may be unable to unlock or access your account.

Unless we have previously been notified by you that the confidentiality of your Credentials has been compromised, we are entitled to treat any use of the Site under your Credentials as being by you.

We may disable access via your Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site or Services, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false.

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and Services and is compatible with the Site. It is also your responsibility to ensure that anyone who accesses the Site or Services using your Credentials or via your Internet connection is aware of these Terms and that they comply with them.

Access to the Site and Services is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the Site or Services without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site or Services, or any features, parts or content of the Site or Services at any time for any period. WOW Cloud Network will make commercially reasonable efforts to ensure that WOW Cloud Network storage is available and able to successfully process requests during at minimum 95% of each calendar year.

Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to WOW Cloud Network. When you use the Site or Services, you may not and agree that you will not:

violate any law or regulation;
violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others without their permission;
take part in any advertising or marketing programs from third- parties without Wow Cloud Network’s written permission.
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit anything that is illegal, abusive, defamatory, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to "scrape," "crawl," or "spider" any web pages contained in the Site (although WOW Cloud Network may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of such materials, and WOW Cloud Network reserves the right to revoke these capabilities either generally or in specific cases);
use automated methods to use the Site or Services in a manner that sends more requests to the WOW Cloud Network servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
if you are using the Site or Services as an individual consumer user, register for more than one WOW Cloud Network account or register for a WOW Cloud Network account on behalf of an individual other than yourself, or, if you are using the Site or Services as an organization, register more than one WOW Cloud Network account for one user or register for a WOW Cloud Network account on behalf of someone outside of your organization;
recruit or otherwise solicit any user to join third party services or websites that are competitive to WOW Cloud Network, without WOW Cloud Network’s prior written approval;
use, display, mirror or frame the Site or any individual element within the Site or Services, WOW Cloud Network’s name, any WOW Cloud Network trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WOW Cloud Network’s express written consent;
access, tamper with, or use non-public areas of the Site or Services, WOW Cloud Network’s computer systems, or the technical delivery systems of WOW Cloud Network’s providers;
attempt to probe, scan, or test the vulnerability of any WOW Cloud Network system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WOW Cloud Network or any of WOW Cloud Network’s providers or any other third party (including another user) to protect the Site or Services;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, except to the limited extent as may be allowed by the applicable law; or advocate, encourage, or assist any third party in doing any of the foregoing;
circumvent storage limits;
sell or resell any of the WOW Cloud Network Services unless specifically authorized to do so.

WOW Cloud Network will have the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. WOW Cloud Network may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms. You acknowledge that WOW Cloud Network has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body.

WOW Cloud Network reserves the right, at any time and without prior notice, to remove or disable access to any content that WOW Cloud Network, at its sole discretion, considers as objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

WOW Cloud Network reserves the right to limit the traffic generated by one or more of the download links you have generated based solely on WOW Cloud Network’s discretion.

If the usage of the Service exceeds the storage quota of your account, WOW Cloud Network will inform you. If you do not correct your overuse (by upgrading your service plan or deleting files), WOW Cloud Network may, in its sole discretion and without further notice, move files to the Trash of your account on a random basis.

Once you delete a file from your WOW Cloud Network account, it will be moved to a section named "Trash" in Wow Cloud Networks database. The file will be stored there for a limited time period that is based on your service plan at the time of purchase. WOW Cloud Network reserves the right to limit the size of the Trash on WOW Cloud Network database using our sole discretion and may dispose of any data label trash at any time.

You acknowledge that the Services may be subject to export controls, trade sanctions laws, or other restrictions under the laws of your jurisdiction or the laws of United States of America. You may not use outside the United States of America.

Payments, fees and renewals

Accepted Methods of Payment:

Payment of Subscriptions.

Payment of the subscription fee is upfront for the default period of 1 year and must be by Debit card charge and/or prepaid card, or a third-party processor approved by Wow Cloud Network. Your subscription will not be automatically renewed.

Payment Due. Unless otherwise provided for herein, payment of all fees is due and payable to WOW Cloud Network without demand, invoicing or notice before the commencement of the subscription period to which those fees apply. You must activate your account

Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, or the use or possession of a Service, or any software or other product provided under these Terms, excluding any taxes based on net income payable by WOW Cloud Network. If You are exempt from paying any sales, use or other taxes, you must provide WOW Cloud Network with appropriate evidence of tax exemption for all relevant jurisdictions. Sales, Promotional Offers, Coupons, Credits. Sales, promotions and other special discounted pricing offers are temporary and upon the renewal of Your subscription, any such discounted pricing offers may expire.

WOW Cloud Network reserves the right to discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion.

Use of personal data

We limit our collection of your personal data to bare minimum required by law, information needed for “Know Your Customer” (KYC) and needs of providing the service.

Third Party Content and Interactions

The Site and Services may contain features and functionalities that may link you or provide you with access to third-party content or services independent of WOW Cloud Network, including websites, directories, servers, networks, marketing and advertising systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that WOW Cloud Network shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you have with third parties.

Disputes with Other Users

If there is a dispute between users of the Site or Services, you understand and agree that WOW Cloud Network is under no obligation to investigate or become involved further than any action it may take in accordance with notification it receives pursuant to the copyright and intellectual property notice section above. Subject to this, WOW Cloud Network may, in its discretion, attempt to assist in the resolution of such a dispute, but in doing so, it does not undertake any obligation to do so, and will not be subject to any liability arising either from the conduct giving rise to the dispute or from any efforts to resolve it.

Disclaimer and Waiver of Liability

In the event that you have a dispute with any other user of the Site or Services or with any third party whose content or services you have accessed through the Sites or Services, you hereby release WOW Cloud Network, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a resident of California, U.S.A., you waive California Civil Code Section 1542, which stipulates the following: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Links

Our Site and Services may contain links to other websites, or allow other users to send you such links. A link to a third-party website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Changes to the Site or Services

WOW Cloud Network enhances and updates its Site and Services often. We may change or discontinue the Site or any Services although we will, in such circumstances, use reasonable efforts to provide you with prior notice so that you can make alternative arrangements for the storage of any User Content and we will not terminate a Service under this section during a subscription period for which you have already paid without refunding you a fair portion of your payment based on how long is left until the end of the subscription.

No Transfer of Accounts

User accounts are not transferable. Only the user who signs up for an account may use the account. If a user transfers an account in violation of this section, WOW Cloud Network may terminate the account and the users’ right to access the Site and Services.

Change of Ownership

WOW Cloud Network may at any time, without explicit notice, change the company ownership, be subject to merger or sale, partnership or else. In the case of such change of ownership, merger, sale or other, WOW Cloud Network only has the obligation to notify you through updating the present Terms and Conditions. Such an action will in no way affect your use of the Service or the Site, or your subscriptions and accounts.

Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you breach any of these Terms, your permission to use the Site and Services and your account automatically terminate. If WOW Cloud Network ceases operation, your account will be terminated and WOW Cloud Network will no longer provide the Site or Services. If your account is terminated in accordance with this section, you will not receive any refund of any fees paid for the account.

Unverified Accounts

WOW Cloud Network accounts that haven’t verified by KYC within a reasonable time period, will be permanently deleted, along with the files inside.

Account Inactivity

WOW Cloud Network accounts that have been inactive for 12 months, will be permanently deleted, along with the files inside.

Indemnification

You agree to indemnify and defend WOW Cloud Network and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account or your Credentials store, upload, submit, post or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account or your Credentials; (c) breach of these Terms by you or anyone using your account or your Credentials; or (d) breach of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or your Credentials. WOW Cloud Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with WOW Cloud Network in such defense.

Indemnity and Limitation of Liability

To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute goods or services, loss of good-will, or other intangible losses, resulting from:

your access to or use of or inability to access or use the service;
any conduct or content of any third party on the service, including without limitation any content, products or services provided by any advertisers, affiliate advertising networks, rewards program operators or payment providers we may cooperate with or any other users of the service;
any content and/or information obtained from the service or reliance upon the service or any part thereof;
unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.

In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these terms removes or supersedes your rights as a consumer based on mandatory provisions of law.
We are not under any circumstances liable for any damages, claims, liabilities or costs that you may incur or suffer in connection with any content, products or services offered by any third parties we cooperate with.
You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with your use of the service.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
Nothing in these Terms will operate so as to exclude our liability for death or personal physical injury that is directly and proximately caused by our negligence or willful misconduct.

Dispute Resolution and Agreement to Arbitrate

Please read this clause carefully as it requires you to arbitrate certain disputes and claims on an individual basis and limits the manner in which you can seek relief from us. This clause will be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.

By agreeing to these Terms, you agree that all Claims pursued against us will be on an individual basis. Accordingly, you hereby waive your right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action in any court, arbitration proceeding, or any other forum, against the other. You agree that any claim by or against us shall be heard in arbitration without joinder of parties or consolidation of such claim with any other person or entity’s claim, except as otherwise agreed to in writing by you and us.

We both agree to arbitrate. By agreeing to these Terms, both you and we agree to resolve any Disputes through final and binding arbitration.
Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting us within 30 days of first accepting these Terms. Your email must include your first and last name and a statement that you decline this arbitration clause. By opting out of this clause, you will not be precluded from using the Service, but neither you nor us will be able to invoke the mutual agreement to arbitrate to resolve Disputes. Whether to agree to arbitration is an important decision. It is your decision to make and you rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and, if you wish, to consult with counsel of your choice.
The American Arbitration Association (AAA) will administer the arbitration. The arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with the AAA Rules.
The AAA rules will govern payment of all arbitration fees and except as otherwise may be required by the AAA Rules, the arbitration will be held in Wake County, North Carolina, conducted via telephone or other remote electronic means.
We both agree that the arbitration of a Dispute will proceed on an individual basis and neither you nor us may bring a claim as a Collective Action.

Waiver of Class Action

To the maximum extent permitted by applicable law, whether the dispute is heard in arbitration or in court, neither you nor us will be entitled to consolidate, join or coordinate disputes with or involving other individuals or entities, or participate in any collective action (as defined above) or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity. In connection with any dispute (as defined above), all such rights are expressly and unconditionally waived. Notwithstanding, anything to the contrary in these terms, in the event all or any portion of this agreement are found to be invalid or less than fully enforceable, then the entirety of this agreement may be deemed void and as having no effect upon either your or our election.

Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between you and us with respect to our refund policy and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your participation.
Amendments. We reserve the right to amend these Terms, or to implement or amend any procedures, at any time. Any amendments will be published on the Service and such changes will be binding and effective immediately.
Tax. You are solely responsible for any taxes which apply to your use of the Service.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control.
Severability. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
Assignment. These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
Entire Agreement. These Terms contain the entire understanding between you and us and supersede all prior understandings between you and us relating to the subject matter.
Business Transfers. In the event we undergo a change of control, merger, acquisition, or sale of assets, your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
Waiver. Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.

Applicable Law and Jurisdiction

These Terms will be governed, and interpreted in accordance with, the laws of North Carolina, without regard for its choice of conflict of law principles.
The parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity of these Terms, will be submitted exclusively to the courts in Wake County, North Carolina, USA, and you and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.

Other Provisions

Under no circumstances will WOW Cloud Network be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of WOW Cloud Network to enforce any right or provision of these Terms will not prevent WOW Cloud Network from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

These Terms, together with the Privacy Policy and any Additional Terms, as they may be revised from time to time, constitute our complete agreement with you, and supersede any other written materials, communications, discussions, representations, or understandings relating to the Site or the Services or your use of them.

Version 24.0801

Revised August 1 2024