Terms of Service

Legal

PLEASE READ CAREFULLY: THIS MASTER SERVICES AGREEMENT is between Pagoda Box, Inc. ("Pagoda Box") and the individual or entity ("Customer", "you", "yours", etc.) for certain computer infrastructure and related services, including the Pagoda Box website, the Pagoda Box cloud computing platform, the Pagoda Box Application Programming Interface ("API") , the Customer Dashboard (as defined herein), and any other software or services offered by Pagoda Box in connection with any of those (the "Pagoda Box Services" or the "Services"). The Customer's use of and access to the Services is governed by the Master Services Agreement which includes the Terms of Service, Service Level Agreement, Privacy Agreement, IP Address Policy, Pagoda Box Acceptable Use Policy and relevant appendices (which may include without limitation the international-related addendum, if any, that applies) (collectively, the "MSA").

BY INSTALLING OR USING THE SERVICES, THE CUSTOMER AGREES:

  1. THAT THE CUSTOMER HAS ACCEPTED THE MSA IN ITS ENTIRETY;
  2. TO BE BOUND BY THE MSA AS AMENDED FROM TIME TO TIME AS PROVIDED IN THESE TERMS OF SERVICE ; AND
  3. THAT THIS MSA CONSTITUTES A BINDING AND ENFORCEABLE OBLIGATION BETWEEN PAGODA BOX AND CUSTOMER. IF THE CUSTOMER IS AN INDIVIDUAL, THE INDIVIDUAL REP

IF YOU OR THE ENTITY YOU REPRESENT DO NOT AGREE WITH ALL THE TERMS OF THIS MSA OR DO NOT AGREE TO BE BOUND BY THIS MSA, YOU MAY NOT INSTALL OR USE THE SERVICES.

SERVICE LEVEL AGREEMENT

The SLA is incorporated into the MSA and applicable to all Services delivered to Customers. This SLA does not apply to the availability of Third Party Services which are subject to the TPS Agreements and does not apply to Third Parties or to Customer End Users. The issuance of SLA Credits (defined below) is the sole and exclusive remedy of Customer and Pagoda Box's sole and exclusive obligation, for any failure by Pagoda Box to satisfy the requirements set forth in this SLA.

  • Support

  • ACCEPTIBLE USE POLICY

    General Statement: Pagoda Box is dedicated to the use of the Internet to improve the lives of individuals throughout the world. Our goal is to deliver enterprise quality on-demand IT Services to all of our Customers at a reasonable price and make available the benefits of the Internet as broadly as possible. The purpose of this AUP is to inform all Customers of the acceptable uses of the Services. Pagoda Box is committed to encouraging the use of the Internet through its Services and Third Party Services, but such use must be consistent with the laws and regulations governing use of the Internet and must protect the right of its other customers to use its Services. The AUP is designed to achieve these goals. Customer agrees to comply with the AUP and is responsible for the use of the Services and Third Party Services by all entities and individuals whom Customer permits to use the Services, Third Party Services or the Customer Offering. In addition to its rights under Section 19.1 of the Terms of Service, Pagoda Box has the right to change or modify the terms of the AUP at any time, effective when posted to the Customer Dashboard. Customer's use of the Services or Third Party Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

    Public Network: The Public Network of Pagoda Box provides public Internet access to Customer servers and data storage services on Pagoda Box's network. All Customers are granted equal access to the Public Network.

    Private Network: The Private Network of Pagoda Box provides Customer with secure private network connectivity from Customer's private back end network directly to Customer servers and data storage devices on Pagoda Box's internal network and to other Services. Customer may use the Private Network to upload/download content, administer Customer servers and data storage devices, transmit information between Customer servers and data storage devices, transmit information between Customer's private back end servers and Customer servers and data storage devices provided by Pagoda Box, administer the Customer Content, retrieve data, access server consoles, and otherwise manage the Customer Content. The Private Network can also be utilized for access during periods of temporary suspension of Services to Customer as provided under the MSA.

    IP Addresses: The IP Address Policy (as described in the Terms of Services) which may be changed from time to time at Pagoda Box's sole discretion, is incorporated into this MSA by reference. Customer acknowledges and agrees to adhere to the IP Address Policy. All External IP Addresses assigned to Customer are owned and managed by Softlayer, and all internal IP Addresses assigned to Customer are owned and managed by Pagoda Box. Such IP Addresses are non-transferable, and Customer retains no ownership or transfer rights to such IP Addresses. All IP Addresses are assigned by the Pagoda Box engineering team on a per VLAN, per server basis. Attempted use by Customer of any unallocated IP Address or any IP Addresses on VLANs not assigned to Customer is a violation of this AUP.

    Prohibited Uses: The following list provides a number of general prohibited uses of the Services and/or Third Party Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses.

    Reporting Violation of the Acceptable Use Policy: Pagoda Box accepts reports of alleged violations of this AUP via email sent to abuse@pagodabox.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, Pagoda Box owes no duty to Third Parties reporting alleged violations. Pagoda Box will review all verified Third Party reports and will take such actions as it deems appropriate in its sole discretion.

    Pagoda Box will comply with and respond to valid (as Pagoda Box determines in its sole discretion) subpoenas, warrants, and/or court orders. If permitted by applicable law or regulation, Pagoda Box will forward such subpoenas, warrants, and/or orders to Customer and Customer may respond; however, Pagoda Box reserves the right to respond to any such subpoena, warrant and/or order if it is the named party in such subpoena, warrant, and/or order.

    Normal Methods of Resolution for Violations of Pagoda Box's Acceptable Use Policy

    The goal of our Normal Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via support ticket / email. The Normal Methods of Resolution below is provided for informational purposes only and forms the framework and guidance with respect to resolving potential violations. However, Pagoda Box reserves the right to take immediate action to address any violation of its Acceptable Use Policy at any time in its sole discretion, and you should not assume that any particular violation of the AUP will be handled as set forth below. Even for violations that are handled in accordance with these procedures, timing, order, and speed of these procedures for resolution may differ according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors.

    Disclaimer: Pagoda Box retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Pagoda Box also retains the right to discontinue service to Customers with excessive and/or multiple repeated violations.

    PRIVACY AGREEMENT

    Pagoda Box considers user privacy paramount, and Pagoda Box utilizes great care in keeping the information of the users of the Site (including Customers) ("Users" or "You") private and secure. To demonstrate our firm commitment to privacy, the following agreement has been created to explain our policies and procedures in relation to all data collected. In this Privacy Agreement ("PA") we describe the information that we collect; how we use, disclose, and share your information; and how we protect your information. Capitalized terms not defined in the PA are defined in the Terms of Service. This PA does not apply to Third Party Services which are governed by their own privacy policies.

    Types of Data Collected

    Pagoda Box collects data related to our users through the following methods:

    1. Automated means such as communication protocols and cookies
    2. Online registration and online signup forms
    3. Sales inquiries and transactions
    4. Online Customer communications
    5. Offline communications and interactions
    6. Third party sources of information

    Depending upon the method of collection and use, the data collected may include information about the User from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), financial/transaction information (such as credit card, card verification value (cvv), and payment information), information about use of Site (such as electronic communications protocols, web pages visited, and cookies) and User preferences and privileges.

    Electronic Communications Protocols and Cookies

    Pagoda Box may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by pagodabox.io to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.

    Cookies: Some parts of the Site use cookies (including signup forms) to collect information about visitors' use of the Site and to facilitate return visits. The information collected from cookies is tracked to enhance security and/or to improve the functionality of the Site by avoiding duplicate data entry, facilitating navigation, and increasing the relevance of content.

    Cookies on the Site may collect the following information: a unique identifier, User preferences and profile information used to personalize the content that is shown, and User information to access Pagoda Box's user forums. Some cookies used by pagodabox.io may remain on the user's computer after they leave the Site, but the majority is set to expire within sixty ("60") minutes. Cookies may also be of benefit to you by creating a more streamlined login process, keeping track of shopping cart additions or preserving order information between sessions. In the future, as we enable further customization of the Site, cookies will help in ensuring that information provided to you will be the most relevant to your needs.

    Browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. You can generally disable the cookie feature on their browser without affecting their ability to use the Site, except in some cases where cookies are used as an essential security feature or to provide functionality necessary for transaction completion.

    We may also engage Third Parties to track and analyze non-personally and personally identifiable website data. To do so, we may permit Third Parties to place cookies on devices of Users of our Site. We use the data collected by such Third Parties to help us administer and improve the quality of the Site and to analyze Site usage.

    By using the Pagoda Box Services, Customer represents and warrants that Customer is familiar and will comply with any and all state, federal, or international laws, rules, regulations, decisions, or other principles related to PII or other regulated information which is contained or stored in, processed by, or obtained by any Application or Customer Content which utilizes the Services. Customer will indemnify Pagoda Box, its officers, employees, shareholders, contractors, and others from and against any suit, claim, damage assessment, or other liability of any kind or sort whatsoever (including without limitation legal fees and costs), which derives in whole or in part from Customer's use of the Services to collect, process, use, store, maintain, or otherwise handle PII or other regulated information.

    The Data We Collect and How We Use It

    Pagoda Box collects data from users for the following purposes:

    1. To engage in transactions for service. Name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information. Pagoda Box may need to share some of this data (address, payment) with credit card clearing houses, banking institutions, and other similarly situated Agents, who may require the information in order to complete the transaction (as used here, "Agents" are persons or companies who act on behalf of or under the direction of Pagoda Box).
    2. To provide future service and support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.
    3. To select content, data may be collected to help create Site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation, as well as data provided in forms.
    4. To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.
    5. To respond to law enforcement organizations, government officials, third parties when compelled by subpoena, court order, or applicable law, or to report or prevent suspected fraudulent or illegal activity in the use of the Services. Pagoda Box will notify Customer of the information request or submission as, and if, allowed.
    6. To our contractors who provide services or perform functions on our behalf.
    7. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to another entity if applicable.
    8. To better tailor marketing to User needs. We may use information from User purchases and User-specified requirements to provide you with timely and pertinent notices of Pagoda Box product releases and service developments that address your needs and specified requirements and/or which are similar to products and services previously purchased by the User from Pagoda Box.
    9. To better respond to requests for service or quotes for product and equipment purchase. Pagoda Box will pass contact information to the appropriate Pagoda Box sales person, or reseller for follow-up related to Pagoda Box products or services.
    10. From referral "tell a friend" function. If a User elects to use our referral service for informing a friend about our Site, we ask them for the friend's name and email address. Pagoda Box will automatically send the friend a one-time email inviting them to visit the Site and send a copy of said e-mail to the User. The e-mail(s) sent shall clearly identify the sender of such email(s). Pagoda Box uses this data for the sole purpose of sending this onetime email. Such email sent to a friend at User's request will not be stored for additional processing.
    11. As a result of your participation in interactive discussions and public forums. There are parts of the Site that permit you to participate in interactive discussions. Some of these are moderated; all are subject to access for technical reasons. Pagoda Box does not control the content that Users post and some may serve as public discussion forums. As in any interactive forum open to many Users, you should carefully consider whether you wish to submit data and should tailor any other content submitted accordingly.

    Customer Dashboard, Customer Customization, Preferences and Opt-Out

    New Customers are automatically registered for access at dashboard.pagodabox.io/users/register. The Customer Dashboard allows Customers the ability to create accounts and opt in (or out) of Services and mailing lists. The Customer Dashboard provides the Customers with control over their preferences for electronic information delivery.

    Pagoda Box has also provided the Customer's master user the ability to manage the Customer's Account Information. We maintain the data and allow the Customer's master user to update it at any time. To change this information, you must be a current Customer and login with a user ID and password and follow the prompts to "update my profile" on the Customer Dashboard. We continue to expand the profile of Services and information that you may access and update.

    Please note that some email communications are not subject to general opt-out. These include communications related to downloads; communications about sales transactions; information about software updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related maintenance for Service.

    If an individual's PII is to be (a) disclosed by Pagoda Box (other than as the result of an Application or Customer Content utilizing the Services) to a Third Party who is not an Agent; or (b) used by Pagoda Box (other than as a result of an Application or Customer Content utilizing the Services) for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized by the individual, then the individual will be notified prior to such disclosure and may opt-out of the disclosure by responding to the email and/or author of the notification, using any response method designated by Pagoda Box in the notification..

    Security

    Pagoda Box is concerned with the security of the data we have collected and utilizes commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Pagoda Box uses standard security protocols and mechanisms to facilitate the exchange and the transmission of sensitive data, such as credit card details. Pagoda Box does not process PII in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual.

    In the event that PII is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Pagoda Box will notify the affected individual of the breach by email or ticket on the Customer Dashboard or, if Pagoda Box is unable to contact the individual by email or ticket on the Customer Dashboard, then by regular mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Pagoda Box or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. Pagoda Box may delay notification if Pagoda Box or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until Pagoda Box or the agency determines that notification will not compromise the investigation.

    Enforcement

    Pagoda Box has established internal mechanisms to verify its ongoing adherence to its privacy policy. Pagoda Box also encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting Pagoda Box at the address below. Pagoda Box will seek to resolve any concerns.

    Policy Updates

    If we are going to use your PII in a manner different from that stated at the time of collection, we will notify you via email. In addition, if we make any material changes in our privacy practices that do not affect the PII already stored in our database, we will notify you by email or post a prominent notice on the Customer Dashboard notifying users of the change. In some cases, when we post the notice, we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices. We may update this policy from time to time to describe how new site features affect our use of your PII and to let you know of new control and preference features that we provide.

    Contact Information and Inspection Rights

    Questions, concerns or comments about this privacy policy should be addressed to:

    Legal Department
    Pagoda Box Inc.
    237 N 2nd E, Suite 106
    Rexburg, ID 83440

    If at any time you decide that you no longer desire that we hold, use, correct or supplement any of your PII, receive information regarding any PII processed in relation to you or you wish to change the manner in which your PII may be used, please let us know by contacting us as set forth above.