Welcome to use DIACloud service!
To use "DIACloud" service, you should read and abide by the "Service Agreement" (hereinafter referred to as: this Agreement) and other relevant agreements, rules. Please be sure to read carefully and fully understand the terms content, especially the restrictions or exemption clauses, as well as the separate agreements and rules for opening or use of a certain service. Restrictions or exemption clauses may be in bold font to prompt your attention.
Unless you have read and accepted all of the terms of this Agreement and related agreements, rules, etc.;
Otherwise, you have no right to use DIACloud service, and any behavior you use the DIACloud service will be deemed as that you have read and agreed to the constraints of this Agreement, rules, etc.
If you have any behavior in violation of this Agreement, this website shall have the right to constrain unilaterally, suspend or terminate to provide you with the DIACloud service at any time in accordance with your violation, and shall have the right to investigate relevant responsibility.
I. [Scope of the Agreement]
1.1 [Applicable subject scope of the agreement]
This agreement is the provisions of agreement entered into between you (or referred to as "the user") and this website, www.DIACloudSolutions.com (referred to as "the website" in this agreement) as to your use of this service.
1.2 [Agreement relationship and conflict clause]
This agreement content includes agreement, business rules, etc. related to this service which may be released by this site constantly in the meantime. Once the above content is officially released, it will be an integral part of this agreement which you shall abide by as well.
II. [Definitions of Terms]
Without special instructions, the following terms in this agreement mean:
2.1 DIACloud: The software program of the self-developed equipment remote monitoring and data collection platform of this website.
2.2 DIACloud service: Refers to various products and equipment provided for the use of this website,
It has been embedded with DIACloud software, it is the application solution service combining various elements such as cloud server, cloud bandwidth, cloud storage space, cloud database, cloud security, cloud monitoring, etc. provided by this website, and specific services categories will be subject to related services information published on this website. Both this website and you agree and understand: DIACloud service only provides cloud system services for the user, and the service content is network services such as the neutral information storage space, etc. and related neutral application technical support services.
2.3 DIACloud service users: Refer to the individuals, legal persons or other organizations using DIACloud service, referred to as "you" in this agreement, also known as "the user".
III. "Rights and Obligations of the User"
Before you use DIACloud service, please be informed that your personal information will be stored on this website; although this website has made great efforts on the user's information protection, we still cannot guarantee that the user's information is absolutely safe under the existing safety technical measures.
3.1 [Account registration]
3.1.1
The user should use E-mail account to register a service account and become a DIACloud service user through our official website or other specified ways.
3.1.2
The E-mail account used by the user for registration of DIACloud service account is your certificate to login and use DIACloud service, and the user shall carry out security measures for its account, password, and the commands, passwords, etc. for entering and managing various products and services in DIACloud service. All the losses and consequences caused by loss or disclosure of the above commands, passwords, and etc. due to the improper user security measures or user behaviors shall be borne by the users themselves.
3.1.3 The user may add, delete the user DIACloud service account according its own demand in accordance with the DIACloud service rules.
3.1.4
The user shall guarantee that the E-mail account related to the registered DIACloud service account is legitimate. The above E-mail account’s matters in DIACloud services include but are not limited to registering DIACloud service account, submitting relevant materials of qualification, confirming and agreeing to relevant agreements and rules, choosing specific service categories, and payment, etc. are considered to be the behaviors of the user itself or others authorized by it, binding on the user. At the same time, the user bears the legal liabilities of all the behaviors taking the above E-mail account as the identity.
3.1.5 DIACloud service account is only for the use by the user, which shouldn't be transferred to others in any form.
3.1.6
If the user finds any situation that others use or steal the user’s account and password or any other unauthorized illegal situation, the user should immediately notify the website in an effective way (including but not limited to providing user’s identity information and the relevant identity information, relevant facts and the user's requirements, etc.). After receiving the request of the user and verifying the identity, this website will take corresponding measures according to different situations. If the user provides incomplete information of notice, leading to this website unable to verify the identity of the user or that this website could not judge the user’s demand and thus this website could not handle in time, the user should take such as damage caused to the user on its own. At the same time, the user should understand that this website needs a reasonable time to take measures for the user's request, and this site does not undertake any responsibility for the loss caused by others' behaviors to the user before the user notices this website and the website takes measures according to the user's effective notice.
3.2 [Service content and charge]
3.2.1
The user should choose specific items, service life and so on in this service according to its own requirements; the user's choice is binding on the user once made, and the user shall not change it arbitrarily without the permission of this website.
3.2.2 This website only guarantees that DIACloud service applies to the products equipment provided by this website.
3.2.3 DIACloud services include different charge packages and free service package, and the specific conditions will be subject to the information published by this website. If the user uses the chargeable services of this website, it shall pay the relevant expenses or sign other service agreement in accordance with the charging standard and way published on the official website.
3.2.4
The use needs to meet certain conditions for free service package, and the specific conditions will be subject to that published on this website. As to free services, this website reserves the right to change unilaterally the actual service content, service period and service standards of the free service package according to the actual situation; the user should have no objection to that, and accept the above changes; this website doesn't need to take any responsibility to the user for this.
3.2.5
This website may conduct modifications and alterations to the charge standards, ways, etc. of the chargeable services according to the actual need, and this website may also charge for part of the free services. Before the above modifications, alterations or charging, this website will make written announcement notice on the corresponding service web pages or separately individual notification.
3.2.6 Refer to the relevant content published on the website (www.DIACloudSolutions.com) (You must learn related content for protection of the rights of the user) for rules of recharging, freezing, clearing and invoice issuance of DIACloud services.
3.3 [Rules of using service]
3.3.1
We may use third party software or technology in DIACloud service, and this website ensures that it has been legally authorized if used; at the same time, this website will show relevant agreements or other documents in accordance with the stipulations of the relevant laws and regulations. The relevant agreements or other documents showed through various forms are an integral part of this agreement, with the same legal effect as this agreement, the user shall comply with these requirements.
3.3.2
The user should take reasonable and safety technical measures on its own, for the information such as various types of data stored in the web server by using DIACloud service, outside DIACloud service, to ensure its security, and take full responsibility for the results caused by its actions (including but not limited to installing the software, taking encryption measures or other safety measures, etc.).
3.4 [Product operation]
3.4.1
The user must comply with the relevant requirements of this agreement and this website in the use of DIACloud service, may not use DIACloud service to engage in, including but not limited to the following behaviors, nor provide convenience for the following behaviors (including but not limited to providing convenience for your user’s behaviors, etc.):
(1) The behaviors of any damage or trying to destroy the network security, including, but not limited to, in ways such as virus, Trojan horse, malicious code, fishing, etc., malicious scanning of other sites, servers, illegal intrusion to system, illegal access to data, etc.;
(2) Any change or trying to change the system configuration provided by DIACloud services or destruction of system security;
(3) By the use of technology or other means, destroying or disrupting DIACloud service operations or others’ use of this service;
(4) In any way, interfering with or attempting to interfere with the normal operation of any product or any part, function of this website, or the production, distribution, transmission of the above tools, methods, etc.;
(5) The behaviors which this website thinks may infringe on this website or the lawful rights and interests of others;
(6) Other behaviors of breach of this agreement and related agreements, rules.
3.5 [Legal responsibility]
3.5.1
If this website finds by itself or in accordance with the complaints of the information of relevant departments or the obligee that your behavior violates the relevant laws and regulations or this agreement, this website reserves the right to take one or more of the following measures unilaterally at any time according to its own independent judgment:
(1) Delete, block related content or break links, etc.;
(2) Limit, suspend your use of DIACloud services (including but not limited to the direct offline of part of the user's service and taking back the related resources, operation restrictions on your account, etc.);
(3) Terminate your use of DIACloud service, terminate the agreement relations (including but not limited to the direct offline of all your services and taking back the related resources, etc.);
(4) Investigate your legal responsibility;
(5) Other processing measures this website thinks suitable.
3.6 [Compensation]
You agree that, you should compensate this website and keep this website from responsibility for any claim, lawsuit or litigation (including any liability and expense caused by the claim, loss, damage, lawsuit, judgment, legal costs and attorney's fees, etc.) caused by your use of DIACloud service or breach of this agreement.
IV. [Rights and Obligations of This Website]
4.1 This website will provide the corresponding services according to your choice of service types and payment of fees.
4.2
To protect the user's information security is a basic principle of this website, and without your approval, this website will not disclose, provide the user's information to any company, organization and individual outside this website, except the following situations:
(1) Information which can be provided according to the provisions of this agreement or other relevant agreements, rules;
(2) Information which can be provided according to the provisions of laws and regulations;
(3) Information which the administrative, judicial and other government departments require to provide;
(4) Information which you agree this website to provide for a third party;
(5) Information which needs to be provided to solve report events or file lawsuits;
(6) Information which must be provided to take necessary and reasonable actions to prevent serious violation or alleged crimes.
4.3
Although this website has made great efforts on the user's information protection, we still cannot guarantee that the user's information is absolutely safe under the existing safety technical measures. Your information may be revealed, stolen, etc. due to force majeure or factors other than this website, you agree that this website may exempt the losses to you.
V. [Liability Exemption]
5.1 The Internet is an open network, and each network provider is responsible for the maintenance; the user’s unstable connection (to Internet) through telephone dial-up, ISDN, ADSL, FTTX, data circuit, 3G/GPRS/LTE, etc. may cause services provided by this website unable due to the network environment. If you have direct or indirect data damages or losses as a result of poor network environment or mass transfer velocity, this site is not responsible for any damages.
5.2 In order to provide more perfect service for the user, this website has the right to conduct check, maintenance, upgrade, etc. for DIACloud service platform or related equipment periodically or aperiodically, and we don't need to take any responsibility to you for interrupt or suspension of related services caused by such situations within a reasonable time.
5.3
This website provides services in accordance with the current situation which the existing technology and conditions can achieve, and we don't do any form of guarantee, you should take any risk by your own of using DIACloud service. In the maximum allowable range of related laws, this website hereby declares not responsibility for any express or implied guarantee and condition, including but not limited to the cases such as suitable for a particular purpose and non-infringement.
5.4 This website will do our best to provide services to users, and ensure the consistency and security of the service; but this website cannot guarantee its services provided are impeccable, nor predict and prevent law, technology and other risks at any time, including but not limited to service interruption, loss of data, data Leakage or stolen and other losses and risks which may be caused by force majeure, viruses, Trojan horses, hacker attacks, system instability, third party service defects, government behavior and other reasons. So you also agree that: Even if the services provided by this website are flawed, the above defects are unable to avoid at the industry technical level at that time, it will not be regarded as the website’s default, at the same time, this website will be free of your loss such as data or information loss caused by this.
5.5 This site only provides the corresponding security measures in accordance with the existing technology to make information of this website not to be lost, abused and altered. These safety measures include the data backup to other servers and the user password encryption. In spite of these security measures, this website does not guarantee that the information is absolutely safe. This website does not assume responsibility for any loss caused by personal information leakage (including but not limited to, direct loss, indirect loss, probable loss and punitive damage).
5.6 This website does not assume responsibility for the suspension of service or block caused by the following situations:
(1) Damage caused by the computer virus, Trojan horses, or other malware, hackers attack;
(2) Malfunction of computer software, system, hardware and communication lines of the user or this website;
(3) The user’s improper operation;
(4) The user uses this service through ways not authorized by this website;
(5) Other circumstances without fault of this website, this website can't control or reasonably foresee.
5.7 You clearly understand and agree that this website doesn't need to burden the responsibility for you of any direct, indirect, attached, special, derivative or punitive losses, including but not limited to, business interests, business reputation, use, data or other intangible loss caused by using DIACloud service (even if we have been informed the possibility of such damages). No matter other provisions of this agreement, total compensation of this website for the purpose of this agreement does not exceed annual aggregation of charge you pay for the use of DIACloud service to this website of the year the event happens.
VI. [Suspension or Termination of the Service]
6.1
If you notice this website in written that you do not accept the new service agreement changed by this website, it is regarded as that you do not want to continue to use this website services, and this website will terminate to provide this service to you immediately.
6.2
If the user cannot continue to use DIACloud service or this website cannot provide DIACloud service due to force majeure factors, either party shall have the right to terminate the agreement at any time.
6.3
If other conditions of suspension or termination agreed in this agreement occur, this website reserves the right to suspend or terminate to provide DIACloud services to users at any time.
6.4
Since you are in violation of this agreement, after this website terminates to provide you with DIACloud service, if the user registers to use this service later, directly or indirectly, or in the name of others, this website reserves the right to suspend or terminate to provide DIACloud service directly and unilaterally.
6.5
If this agreement or DIACloud service is terminated for any reason, this website will delete the information such as all data of the user’s DIACloud service account or data you stored in the web server by using DIACloud services and so on.
6.6
If this agreement or DIACloud service is terminated for any reason (including but not limited to your arrearage), you should deal with related issues such as backup of data and other information, cost settlement, and the relationship between you and your user, etc.
VII. [Notice]
7.1
This website may notice the user about all kinds of DIACloud service information such as rules, notification, prompt, etc. by one or more of the following ways: webpage announcement, webpage prompt, E-mail, text messages, sending letters to the management system of DIACloud service account registered by the user; such information is deemed to be delivered once published on this website or sent, with binding force on the user.
7.2
Because the user fails to check the related information content timely, or the information such as E-mail, phone number, address, etc. provided by the user is wrong, leading to that the user does not receive related rules, notification, prompt and other information, all consequences and liability shall be borne by the user.
7.3
The user agrees that this website or the partners of this website can send other kinds of information which may be not associated with DIACloud services including but not limited to commercial advertisement, etc. to your E-mail, phone number and so on.
7.4
If the user needs to notice matters to this website, you should notice us through foreign official ways of this website such as communication address, E-mail, etc. in written.
VIII. [Intellectual Property]
8.1 DIACloud service’s copyright, trademark right, patents, trade secrets and other intellectual property rights, as well as all the information content related with DIACloud service (including but not limited to text, images, audio, video, graphics, interface design, layout framework, and relevant data or electronic documents, etc.) are protected by local laws and regulations and corresponding international treaties; this website shall have the right of the above-mentioned related intellectual property rights, but the entitled obligee's rights in accordance with the law shall be excepted. Without written consent from this website or any other obligee, anyone shall not use, modify, copy, make public, change, spread, issue or publish according content .
8.2 Without our written permission, the user shall not use any of the intellectual property of this website, imitate to use any logo of this website, or use any identification approximating this website’s product identification, so as not to cause the user confusion. If the user needs to use our intellectual property, you should obtain our written permission in advance, and shall not use for any purpose out of the agreement.
8.3 The user only has the right to legally use the service or related API (Application Programming Interface) in accordance with the agreement, and all related rights of API related copyright, patents, etc. associated with this service are owned by this website. Without the written permission of this website, the user is not allowed to use with default or illegally, nor shall sell, transfer, transfer authorization of code of this website, API and development tools, etc. to any unit or individual
IX. [Miscellaneous]
9.1 Coming into effect and change of this Agreement
You are deemed to have read and agreed to be bound by this Agreement by using DIACloud service. This website reserves the right to amend the terms of this Agreement where necessary. You can refer to the latest terms of agreement in the related pages. After the change in the terms of this Agreement, you are deemed to have accepted the revised agreement if you continue to use this service. If you do not accept the revised agreement, your right will be terminated immediately and automatically, without the need for any stop using notification of DIACloud service made by this website.