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Legal Notice
Legal Notice

Cloudonix Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes actions that Cloudonix prohibits when any party uses the Cloudonix Services. This AUP is incorporated by reference into, and governed by the Terms of Service or other similar written agreement between you (Customer) and Cloudonix (the “Agreement”).  The Agreement contains definitions of capitalized terms not otherwise defined in this AUP and takes precedence over any conflicting provisions in this AUP.

Policy

You may not use the Cloudonix Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, the Cloudonix Services in the following prohibited ways:

Using the Cloudonix Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Cloudonix.

Attempting to bypass or break any security mechanism on any of the Cloudonix Services or using the Cloudonix Services in any other manner that poses a material security or service risk to Cloudonix or any of its other customers.

Reverse-engineering the Cloudonix Services in order to find limitations, vulnerabilities, or evade filtering capabilities.

Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Cloudonix Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Cloudonix Services.

Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.

Using the Cloudonix Services in any manner that causes a telecommunications provider to complain about your use to Cloudonix or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by Cloudonix to you.

Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.

Using the Cloudonix Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.

Using the Cloudonix Services to harvest or otherwise collect information about individuals, without their explicit consent or under false pretenses.

Using the Cloudonix Services to engage in, or in connection with fraudulent activity.

Using the Cloudonix Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Cloudonix or your use of the Cloudonix Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.

Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.

Using the Cloudonix Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).

Using the Cloudonix Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the Cloudonix Services to you and/or your customers and/or Cloudonix Business Partners.  

Using the Cloudonix Services to transmit any material that infringes the intellectual property rights or other rights of third parties.

Using the Cloudonix Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Cloudonix reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.

Using the Cloudonix Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.

Creating a false identity, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.

Having a high volume of unanswered sessions or sessions that are too short in duration (i.e., sessions less than twelve (16) seconds in length).

We do try to make our AUP complete, simple, readable and understandable. If you have additional questions, feel free to contact our support team at support@cloudonix.com or write to us at the addresses below:

Cloudonix Inc.
415 Madison Ave.
New York, NY 10017
Attention: Legal / Contracts Department

Cloudonix Trademark Usage Guidelines

These Trademark Usage Guidelines are for Cloudonix Inc.’s licensees, authorized resellers, developers, customers, and other parties who wish to use Cloudonix’s trademarks, names, and logos (“Cloudonix Trademarks”) for their own purposes, including in promotional, advertising, instructional, or reference materials, or in or on web sites, products, labels, or packaging. Note that any use of Cloudonix logos and/or use of any Cloudonix Trademarks outside of these guidelines requires permission and without such permission may constitute trademark infringement under federal and state laws.

Cloudonix Trademarks

Cloudonix Trademarks are valuable assets Cloudonix needs to protect. We ask that you help us by properly using and crediting Cloudonix Trademarks in accordance with these guidelines. The Cloudonix Trademarks specifically include:

  • Cloudonix
  • Cloudonix Logo
  • Cloudonix X Logo
  • Cloudonix Robot Mascot
  • LIMITLESS COMMUNICATIONS

Permissible Uses

You may generally use the Cloudonix, Cloudonix Logo and Cloudonix X Logo trademarks to refer to the associated Cloudonix products or services. For instance, an authorized developer may note in its advertisements and products that it utilizes the Cloudonix software. Similarly, such a developer may issue a press release stating that it has built its product on the Cloudonix platform.

Relationship of Products or Services

You may indicate the relationship of your products or services to Cloudonix products or services by using accurate, descriptive tag lines such as “Cloudonix empowered” “built with Cloudonix” “Cloudonix Liberated” in connection with your product or service name. Within text or body copy, such tag lines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tag line appears in significantly smaller type than your name. You MUST distinguish the tag line from your mark by using a different font or color.

Open Source Software

Most open source licenses do not grant, and many exclude, a license of trademark rights. Do not assume you can use the name of a source code base in the name of your distribution developed from that code base. Without a license or permission, you may not incorporate Cloudonix Trademarks in the name of your distribution or other products that incorporate open source elements. Truthful statements incorporating a trademark are generally allowed (for example, in the format “OurCoolCompanyProduct, derived from Trademarked ProductName”), but you should check the terms of the license for the original source code or any posted trademark guidelines for the project.

User Groups

Cloudonix generally permits use of its marks in groups name that include phrases such as “user group” etc., that clarify the relationship between Cloudonix and the group and do not create confusion about the source of products or services. This applies only to user groups that are not formally doing business as commercial entities. If you are administering a user group that includes a Cloudonix trademark in its name, do not claim any trademark rights in the name or attempt to register the name or your logo with a trademark office, and do not register the name as a trade name or business name, or conduct any business under the name.

Correct Use

Proper use of Cloudonix Trademarks reinforces their role as brands of Cloudonix products and services, and helps prevent them from becoming generic names that can be used by anyone.

Use a Generic Term

Use a generic term in association with each Cloudonix trademark the first time the mark appears in text, and as often as possible after that. You need not include generic names in headlines, package titles and documentation titles. “Cloudonix platform” is an example of generic term use.

Use as Adjectives

Cloudonix Trademarks are adjectives and should not be used as nouns, or in the possessive or plural form. For example, “Cloudonix platform’s benefits” not “Cloudonix’s benefits”

Do Not Vary the Trademarks

Do not vary Cloudonix Trademarks by changing their spelling or abbreviating them. 

Do not use any name or trademark confusingly similar to the Cloudonix Trademarks or any other trademark or trade name owned by Cloudonix for which Cloudonix has not given you permission. And do not use the Cloudonix Trademarks in such proximity to any of your own trademarks or trade names or third party trademarks so as to create a combination or composite mark.

“Cloudonix” As a Trade Name

Trade names are the actual business names of companies. Trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using “Cloudonix” as a substitute for Cloudonix Inc., you are using it as a trade name. Thus, you should not use a ® after “Cloudonix” when it appears as part of the full corporate name or as a trade name.

Credit Line

All products, packaging, manuals, advertisements, promotional materials and web pages bearing Cloudonix Trademarks should include the following trademark credit line.

“Cloudonix is a registered trademark of Cloudonix and/or its affiliates. Other names may be trademarks of their respective owners.”

The credit line may appear anywhere on the collateral, but typically is displayed on a copyright page, the back of a package or at the end of a document or web page.

Prohibited Uses

You may not use the Cloudonix logo, Cloudonix X Logo, Cloudonix Robot Mascot or the LIMITLESS COMMUNICATIONS tagline without express written permission from Cloudonix.

You may not use any of the Cloudonix Trademarks in a manner that could cause confusion as to Cloudonix sponsorship, affiliation or endorsement; or in a manner that shows Cloudonix or its products in a false or derogatory light. Take particular care not to use Cloudonix Trademarks as set out below.

Company, Product or Service Names

Do not use Cloudonix Trademarks or potentially confusing variations as all or part of your company, product or service names. If you wish to note the relationship of your products or services to Cloudonix products or services, please use an appropriate tag line as detailed above. For example, “XYZ for Cloudonix database”.

Logos

For more information regarding use of Cloudonix logos, please contact your Cloudonix account manager or sales representative.

Domain Names

Do not use Cloudonix Trademarks or potentially confusing variations in your Internet domain name. This helps prevent Internet users from being confused as to whether you or Cloudonix is the source of the web site.

Merchandise Items

You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing any of the Cloudonix Trademarks or any other Cloudonix marks or names, including symbols, logos, or icons, except pursuant to an express written trademark license from Cloudonix.

Report Usage Violations

Please report suspected misuse of logos, trademarks or copyrighted material to support@cloudonix.io.

Ownership

Nothing in these guidelines gives you any right, title or interest in the Cloudonix Trademarks, or any other trademark or trade name of Cloudonix, except the right to use the trademarks solely to identify your actual use of Cloudonix’s software and platform. You agree that the Cloudonix Trademarks, and all intellectual property rights therein, are solely owned by Cloudonix, and that any and all uses Trademarks, and all goodwill derived therefrom, whether or not done pursuant to the written Agreement, shall inure solely to the benefit of Cloudonix.

Questions Or Requests

If you have any questions regarding Cloudonix Trademarks or to request permission for use, please contact the Cloudonix Legal Department at:

Cloudonix Inc.
415 Madison Ave
New York, NY 10017
support@cloudonix.io

Questions Or Requests

If you have any questions regarding Cloudonix trademarks, usage policies, licensing – or you would like to report improper usage of Cloudonix trademarks and copyrights, please fill the following form. A representative from our legal team will contact you for further discussion and questions.

Cloudonix Inc.
415 Madison Ave
New York, NY 10017