Terms of Use
Effective Date: 12/10/2024
Aarna Networks (“Aarna”, “we”, “our”, “us”), is operating an online marketplace facilitating the use of on-demand cloud computing instances, infrastructure including virtual machines, containers, storage, and other cloud-based services and resources (the "Services"). Such on-demand cloud computing instances, infrastructure, virtual machines, containers, storage, and other cloud-based services and cloud resources you (“User” or “you”) use are hosted and provided by Third-Party Providers ("Third-Party Instances"). These Terms of Use shall govern the use of the Aarna website (the "Platform") and the Services thereon. By using the Platform, you agree to comply with and be bound by these Terms of Use (the “Terms of Use”). If you do not agree to these terms, please refrain from using the Platform.
- Acceptance of Terms of Use. By accessing the Platform and using the Service, you agree to be bound by these Terms of Use, as well as our Privacy Policy, and any additional terms, guidelines or policies of Aarna or Third-Party Providers. “Third-Party Providers” are entities that own, host and operate the servers, services, equipment or Third-Party Instances. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Use.
- Description of Services.
2.1 Aarna facilitates use of Third-Party Instances i.e., on-demand cloud computing instances, including virtual machines, containers, storage, and other cloud-based services. Through our Platform, you can:
(i) Provision and deploy cloud instances (virtual machines, containers, etc.),
(ii) Scale the resources up or down depending on your needs,
(iii) Use the cloud instances for various tasks, including development, testing, hosting, or compute-intensive workloads.
2.2 While we provide the interface and facilitate the use of cloud instances, the underlying infrastructure is managed and maintained by Third-Party Providers. By using the Service, you acknowledge that we do not control or directly manage the infrastructure or resources on which your instances are hosted.
2.3 Aarna makes its Services available to purchase/subscription over the Platform for your internal business purposes only excluding the use of the Third-Party Instances for crypto mining. The limited right to access and use the Services does not include the right of resale or commercial use of the Services, the Aarna content, or the Third-Party Instances.
2.4 The Services are subject to these Terms of Use and are also subject to any additional terms and conditions from the Third-Party Provider in connection with the access or use of the Third-Party Instances. We reserve the right to limit the quantities of the offerings offered or available on the Platform. All descriptions or pricing of the Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the offerings or Services at any time for any reason. We do not warrant the quality of any of the Services or any Third-Party Instances purchased by you will meet your expectations. - Account Registration.
3.1 To use the Services, you must create an account on the Platform. When registering, you agree to: (i) Providing accurate, complete, and current information during the registration process; (ii) Keeping your account credentials confidential and secure; (iii) Being responsible for all activities that occur under your account, whether authorized or unauthorized. If you become aware of any security breaches/unauthorized access to your account, you agree to notify us immediately and assist us in resolving or mitigating the issue. We reserve the right to suspend or terminate your account if we believe your use violates these Terms of Use. The following persons are not eligible to create an account or to use the Services: (i) individuals being under the age of 18 years; (ii) not entitled to enter into binding contract under the applicable laws and regulations; (iii) individuals opening an account in the name of an entity without authorisation to enter into binding contract; (iv) persons listed in the OFAC list of sanctioned entities/individuals and/or involved in activities such as terrorism, drug trafficking or human rights violation.
3.2 You retain full responsibility for the consequences of the usage of the Services on your account, be it your own use, including without limitation, that of your employees, or customers. You must ensure to protect your account with appropriate access controls, strong passwords and their safeguarding by appropriate systems and controls.
3.3 After termination of this agreement, we may delete the account or without being obliged to do so, maintain the account for a limited time period. While we will not have any access to your data and property, all such data and property shall be irretrievably destroyed and deleted by the Third-Party Providers as per their policies and procedures. You must save and retrieve your stored data immediately. - User Obligations. As a user of the Services, you agree to:
4.1 Compliance with Laws: Use the Services in accordance with all applicable laws and regulations, including but not limited to data protection, intellectual property, and cybersecurity laws.
4.2 Responsible Usage: Ensure that your use of the offerings and/or instances does not violate any third-party rights or cause harm to other users or the Services. You are responsible for the configuration, management, and security of your instances. You must promptly notify us of any technical issues including related to access and use of the Services/Third-Party Instances.
4.3 Data Security: Take appropriate measures to protect the confidentiality, integrity, and availability of your data. You are responsible for securing any data stored or processed through the instances.
4.4 Back-up. Users must ensure ongoing back-up of its content on its own IT systems. - Acceptable Use Policy.
5.1 Uncontrolled Risk of Damage. No entity or individual may use the Services in a manner that could result in substantial damage. This includes but is not limited to the use: (i) that results in death, bodily injury as well as property or environmental damage; (ii) the Services for the provision of, real-time or near real-time services, including, but without limitation thereto, payment transactions, gaming or gambling, crypto mining; (iii) with military purposes; (iv) processing of data that may require security measures beyond those provided; (v) in connection with harmful purposes.
5.2 No Causing of a Threat to the Services. No entity or individual may use the Services in a manner which is generally regarded as being intended to threaten Aarna or any third-party's infrastructure, including but not limited to: (i) any behaviour that causes or may cause a limitation or other impairment of the availability or accessibility of the Services, excluding any use in the ordinary course of the User's business; (ii) copying, storing, transmitting, publishing or otherwise distributing or using so-called spyware, computer viruses, Trojans or other harmful computer code or links thereto; (iii) any behaviour which is generally regarded to involve bulk email or posting of content, including, but without limitation thereto, the sending of unsolicited bulk/commercial email (spam) as well as any excessive posting on web forums, news groups, or chat services; (iv) executing load, stress, performance, penetration or vulnerability tests; (v) virtual server configurations with inadequate security, allowing unauthorized third-party access; (vi) trying to gain unauthorized access to or disrupt any service, data, account or network by any means; (vii) attempts to circumvent any mechanisms implemented for controlling, monitoring or billing usage.
5.3 No Illegal Usage. No entity or individual may use the Services in any manner that is illegal or is related to illegal purposes. i.e., any use or activities: prohibited by applicable laws and regulations, court order or administrative order or for fraud, unauthorized access, or distribution of malware.
5.4 No Violation of Third-Party Right. No entity or individual may violate any third-party rights in connection with the use of the Services. This includes but is not limited to the use of any third-party software in connection with the Services without having obtained the necessary rights to use such software in connection with the Services. - Export Control.
Users must comply with export control requirements. Any Services, product, documentation, or related technical information provided to User under these Terms of Use may be subject to U.S. export control laws and regulations and the trade laws of other countries. Users agree to comply with all applicable export control laws and regulations and to obtain any required licenses and classifications prior to export, re export or import. Users shall not to export or re-export to destinations, entities, or persons on any U.S. government export exclusion, embargo, or denied parties list. The Users will not use the Services for prohibited nuclear, missile, or chemical biological weapons end uses and shall comply with the requirements of the U.S. Export Administration Regulations. Please consult the Bureau of Industry and Security web page www.bis.doc.gov before exporting or re-exporting items subject to the EAR. - Service Fees.
The Services and Third-Party Instances are provided on a pay-as-you-go or subscription-based model, depending on your selected service plan. The fees for using the Services are based on the resources you provision (such as compute, storage, and bandwidth usage) and the duration of their usage. You agree to (i) pay the applicable fees for the instances and services you use, including any usage-based charges, taxes, or other fees; and (ii) provide accurate billing information and keep it up to date. You acknowledge that the fees for the Services are set by Aarna and payments will be processed via third-party payment providers (e.g., Stripe, PayPal, etc.). The Fees set out are subject to review in accordance with market rates. You shall be notified of any such changes in writing periodically. - Payment Terms.
8.1 Billing Cycle. Payments may be billed on a pay-as-you-go basis, where fees are based on actual usage, or under a subscription model, depending on the specific plan you select. You will be billed based on your usage of Services, Third-Party Instances, as detailed in our then-current pricing published on our Platform.
8.2 Payment Information. By providing payment information, you authorize us to charge your payment method for the Services. You agree to keep your payment details up to date and accurate. Fees paid are non-refundable.
8.3 Unpaid Fees. If your payment fails, we reserve the right to suspend or terminate your access to the Services until the outstanding balance is paid.
8.4 Taxes. All fees stated are exclusive of any applicable sales, use, value-added, import or export and excise taxes levied upon the delivery or use of Services. Taxes do not include taxes on the net income of Aarna. - Service Availability and Limitations
9.1 While we will take commercially reasonable steps to provide reliable and uninterrupted access to the Services/Third-Party Instances, we cannot provide any guarantees about the quality or availability of the Services. The instances you access through our Platform rely on infrastructure provided by Third-Party Providers, and we do not guarantee their performance or availability. You acknowledge the following: (i) Service Interruptions: The availability of instances may be affected by network conditions, performances, or maintenance schedules and any factors not in our control. (ii) Resource Availability: The availability of specific instance types, configurations, and resources may vary based on demand or limitations imposed by Third-Party Providers.
9.2 You agree that Aarna is not responsible for service interruptions, outages, or performance issues resulting from factors outside of our control.
9.3 Aarna makes no representation, or warranty, express or implied, of any kind whatsoever. The Platform, Services, including without limitation any content delivered as a part thereof, and the Third-Party Instances are provided “as is” and on an “as available” basis. Aarna specifically disclaims all warranties, and representations, including all implied, statutory, or other warranties with respect to the Services/Third-Party Instances and the Aarna content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, or that the Services/Third-Party Instances are complete, suitable for your purpose, meet your requirements or accurate. Aarna makes no representation, or warranty that the availability of the Services/Third-Party Instances, Aarna content will be uninterrupted, or that the Services and/or the Aarna content will be free of viruses, error-free or secure, or that any or all defects will be corrected. Aarna does not warrant that the Services/ Third-Party Instances will be available at any time or location. Your use of the Platform, Services, Third-Party Instances are at your own risk. - Intellectual Property.
All intellectual property rights in the Platform, the Services, instances and any technology used to provide it, including software, design, and code, are owned by Aarna or its licensors or Third-Party Providers. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for its intended purpose and in accordance with these Terms of Use. You agree not to reverse-engineer, decompile, or attempt to derive the source code or underlying structure of the Platform or Services. You may not use any Aarna or Third-Party Provider’s marks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aarna or the Third-Party Providers. All other trademarks not owned by Aarna that appear in the Services are the property of their respective owners. - Confidentiality.
The receiving party shall keep Confidential Information in strict confidence. “Confidential Information” means any non-public information disclosed by a party to the other party such as documents, files, data, and other information of a proprietary, technical, commercial, financial or business nature including software, codes, solutions, pricing, offerings, etc., that a reasonable person should understand to be confidential due to the circumstances of disclosure or the nature of the information itself. The obligations of confidentiality do not apply to information that: (i) was or becomes generally known to the public other than as a result of a disclosure by the receiving party in violation of this agreement; (ii) was known, without restriction as to use or disclosure, by the receiving party prior to receiving such information from the disclosing party; (iii) is rightfully acquired by the receiving party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (iv) is independently developed by the receiving party without access to any Confidential Information of the disclosing party. The receiving party may not disclose any Confidential Information: (i) to any person or entity other than affiliate entities, employees, and consultants to the extent required to be able to access and use the Services; (ii) to a third party without the disclosing party's prior written authorization (except in connection with (a) the enforcement of a party's rights under this agreement or (b) a potential merger, acquisition or sales of all or substantially all of a party's assets). If the receiving party is requested or legally compelled (by valid and effective subpoena or order issued by either a court of competent jurisdiction), or is required by a regulatory body, to disclose Confidential Information of the disclosing party, the receiving party shall, unless prohibited by force of law: (i) provide the disclosing party with prompt notice (so long as time permits) of any such request or requirement before disclosure so that the disclosing party may seek an appropriate protective order or other appropriate remedy; and (ii) provide reasonable assistance to the disclosing party in obtaining any such protective order. If the receiving party is nonetheless legally compelled or otherwise required to disclose, the receiving party will furnish only that portion of the Confidential Information that is legally required and shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to any part of the Confidential Information so disclosed. - Data Privacy and Security.
Your use of the Services is subject to our Privacy Policy, which explains how we collect, store, and protect your personal data. You are solely responsible for any data that you store, process, or manage through the instances. You agree to implement appropriate security measures to protect your data, including encryption, access controls, and regular backups. You are also responsible for ensuring that your use of the instances complies with applicable data protection laws. - Audit Rights.
We or the Third-Party Providers shall have the right to review and/or audit your records to confirm your compliance with these Terms of Use. You must retain all pertinent records relating to these Terms of Use. You must provide such records to us or the Third-Party Provider promptly upon request and fully cooperate with all reasonable requests made during such review(s) or audit(s). - Termination and Suspension.
We may suspend or terminate your access to the Services/Third-Party Instances at any time if we believe you have violated these Terms of Use or engaged in unlawful or harmful activities. You may also terminate your account at any time by contacting us. Upon termination, you agree to cease using the Services/Third-Party Instances and immediately download, delete/remove any data or configurations associated with your account. Your access to the Services/Third-Party Instances will immediately cease. In no event will Aarna have any responsibility or liability to you related to suspension or termination of these Terms of Use or any account. The termination or expiration of these Terms of Use will not affect any provisions herein which by their nature survive or are intended to survive termination or expiration. We shall refuse to offer Services and may suspend or terminate the Services if we determine that your usage, infringes or would infringe, either directly or indirectly, any mandatory requirements of sanctions regimes in the UK, the United States of America, the European Union or any other country. - Indemnification.
You shall indemnify, defend, and hold harmless Aarna, its affiliates, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) arising from your use of the Services/Third-Party Instances, violation of these Terms of Use, or infringement of any third-party rights, including any claim made by the Third-Party Providers, or claims that use of the Services/Third-Party Instances by you or on your behalf, violates any applicable law or regulation, or the intellectual property or other rights of any third party.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense. - Limitation of Liability.
To the fullest extent permitted by law, Aarna shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Services /Third-Party Instances, including but not limited to loss of data, business, profits, goodwill or service interruptions, even if Aarna has been advised of the possibility of such damages. We make no warranties regarding the availability, security, or performance of the Services or the Third-Party Instances. In no event shall the total cumulative liability of Aarna under these Terms of Use or this agreement, whether in contract, tort or otherwise, exceed the fees paid by you during the preceding month for the specific Services utilised by you. Any claim arising out of or related to your use of the Services/Third-Party Instances must be filed within 12 months after the cause of action arose. To the fullest extent permitted by law, we shall have no liability for any data lost, destroyed or otherwise rendered inaccessible, due to a failure to back it up or for any other reason, - Governing Law.
These Terms of Use shall be governed by and construed in accordance with the laws of State of California without reference to rules regarding conflicts of laws. Any legal action arising from these Terms of Use shall be brought exclusively in the courts located in the Santa Clara, California. - Miscellaneous.
(i) Severability: If any provision of these Terms or Use is found to be unenforceable, the remaining provisions shall continue in full force and effect.
(ii) Entire Agreement: This agreement constitutes the entire understanding between you and Aarna regarding your use of the Services.
(iii) Assignment. Aarna may at any time assign its rights and obligations under these Terms of Use, in whole or in part, without notice to the User. User may not assign these Terms of Use without Aarna’s prior written consent.
(iv) Relationship. The parties are independent contractors. No joint venture, partnership, fiduciary, employment, or agency relationship exists between Aarna and the Users as a result of these Terms of Use or use of the Services. Neither party has the authority to bind or act on behalf of the other party in any manner whatsoever.
(v) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of the provision or of a right. Our rights, powers, and remedies in these Terms of Use, including the right to suspend, restrict, or terminate any use of the Services, are cumulative and in addition to any right, power, or remedy that may be available to us at law or in equity.
(vi) Modification to these Terms of Use. Aarna reserves the right to modify, update, add, or remove provisions of these Terms of Use at any time by posting the updated Terms of Use on the website, along with a notice of the effective date. You must review the Terms of Use to be aware of any modifications. By accessing or using the Services after Aarna has updated the Terms of Use, you agree to the updated Terms of Use. If you do not agree with any of the updates, your only recourse is to stop using the Services. We may modify, alter, terminate, update, or discontinue the Services, including any portions of the Services, at any time, without prior notice.
(vii) Force Majeure: We are not liable for failure to perform our obligations under these Terms of Use due to causes beyond our reasonable control (e.g., natural disasters, acts of government, or failure of third-party services). - Contact Information.
If you have any questions or concerns about these Terms of Use, please contact us at:
Aarna Networks, Inc.
Address: 2670 S White Rd #254, San Jose, CA 95148
Email id: info@aarnanetworks.com
