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Updated on February 1, 2024
Your use of the www.ejencloud.com website (the “Site”) and the ejencloud.com VPN and related service (the “Services”), which are owned and operated by FVR Digital Solution (“ejencloud.com,” “EjenCloud,” “we,” or “us”), is governed by these Terms of Service (“Terms”). Please read these Terms carefully before you access the site or services, as these Terms form a binding legal agreement between you and ejencloud.com.
By accessing the website or registering for or using the services, you agree to these Terms in their entirety.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN.
1. Changes to the Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the site. As your next visit to a site or use of the services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the site or use the services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.
Your use or continued use of the site or services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
2. VPN Service
You understand that we are providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the service.
3. Authorised User; Your Responsibility.
You may not access or use the site or services if you are unable to form a binding, legal agreement with ejencloud.com. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the site or services.
Accounts are for single user, individual use only. Any non-individual use or multiple-party use is prohibited. For example, the following uses are prohibited under this section:
4. Account Sharing
Simultaneous logins from multiple IP addresses with the exception that we do allow an individual up to two active connections to the network per account, mostly, to allow for mobile device use, but the connections are prohibited to be used by anyone but the account holder.
5. Personal Information
- Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
- Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the ejencloud.com Privacy Policy, which you can find and read at www.ejencloud.com/privacy-policy/
6. Personal Use; Limited Licence
ejencloud.com grants you a personal, limited, non-transferable, non-exclusive license to use ejencloud.com Site content and the Services, solely for your personal, private and non-commercial use in connection with the ejencloud.com Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the ejencloud.com Services except with the prior written approval of EjenCloud.
Furthermore, without the prior written approval of EjenCloud, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the ejencloud.com Services you are using.
Making unauthorized copies or distribution of Site content may result in the termination of your EjenCloud account, prohibition on use of EjenCloud Services, and further legal action.
7. Software
The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device (“Software”). EjenCloud grants to you a non-exclusive, limited license to use EjenCloud Software solely for the purpose stated by EjenCloud at the time the EjenCloud Software is made available to you and in accordance with these Terms. Your use of the EjenCloud Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access EjenCloud Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EjenCloud Software. You may not modify EjenCloud Software or use it in any way not expressly authorized in writing by EjenCloud. You understand that EjenCloud’s introduction of various technologies may not be consistent across all platforms and that the performance of EjenCloud Software and related EjenCloud Services may vary depending on your computer and other equipment. From time to time, EjenCloud may provide you with updates or modifications to EjenCloud Software. You understand that certain updates and modifications may be required in order to continue use the EjenCloud Software and EjenCloud Services.
8. SPAM
EjenCloud enforces a zero-tolerance SPAM policy regarding information transmitted through our network. EjenCloud may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to EjenCloud or any URL (domain) that is hosted by EjenCloud.
The use of web pages set up on ISPs that allow SPAM-ing (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by EjenCloud.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If EjenCloud determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
9. Fees; Payment Terms
EjenCloud may, with prior notice, change the fees it charges you for accessing the services at any time. All prices are quoted for one user on one device. You agree that all fees charged by EjenCloud for accessing the services will be automatically charged to your payment account on file with EjenCloud at the time of any automatic renewal of your subscription to the services.
10. REFUND POLICY
You may cancel your account and the subscription for any reason within seven (7) calendar days of your initial purchase, and you will receive a full refund of the amount you paid, excluding any transaction fees charged by the payment processor.
Refunds beyond the 7-day purchase window will be considered, at the sole discretion of EjenCloud, if a subscriber can demonstrate that the services were not available or usable during the subscription period and that reasonable attempts were made to contact EjenCloud to resolve the issue. In this case, EjenCloud may provide the subscriber with a pro-rata refund of service fees paid during the period when the service was not available or usable.
Refunds are generally processed within fourteen (14) days and are made to the original form of payment used for the purchase. All refunds are sent in the original currency, as indicated in the invoice. Therefore, the refund amount could differ from the amount originally paid in local currency (e.g., due to foreign exchange and processing charges linked to your method of payment).
You also understand that certain cash equivalents or other payment methods may not allow for refunds, that refunds may happen slowly or by paper check, or that refunds may have service fees associated with them. You agree and acknowledge that ejencloud.com is not liable if the original payment method does not allow for refunds. You will receive an alternative solution for a refund with other payment methods.
To request a service cancellation and refund, send an email with your request to the following email address: admin@ejencloud.com or via the support page.
11. Use of Services
Subject to clause 19, EjenCloud is not liable for the loss, corruption, alteration, or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold EjenCloud harmless for any such loss, alteration, corruption, or removal.
EjenCloud may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that EjenCloud will not be liable to you or any third party for any such modification, suspension, or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria, or Sudan.
Third-Party Content
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive, or buy while using the Services. We may, but do not have any obligation to, block information, transmissions, or access to certain information, services, products, or domains to protect the Services, our network, the public, or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, graphics, data, or any other information provided to or by third parties as accessible through the Service.
Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the services. You may not use our services, or our software or system, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
The transmission or posting of chain letters, pyramid schemes, or other acts that involve deceptive online marketing practices or fraud.
Sending or transmitting any SPAM over the services, whether via e-mail, Usenet, or any other communication channel.
Acts that may materially affect the quality of other users’ experience, including, without limitation, “spikes” in bandwidth usage or using any program, script, or command, or sending messages of any kind, designed to interfere with a third-party customer terminal session, via any means, locally or via the Internet.
Actual or attempted unauthorized use or sabotage of any computers, machines, or networks.
Introducing malicious programs into ejencloud.com’s network or servers (e.g., viruses, worms, Trojan horses, etc.).
Engaging in any monitoring or interception of data not intended for you without authorization.
Attempting to circumvent authentication or security of any host, network, or account (“cracking”) without authorization.
Using any method, software, or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity’s website or service.
Transmitting or receiving, uploading, using, or reusing material that is abusive, indecent, defamatory, harassing, obscene, or menacing, or a breach of confidence, privacy, or similar third-party rights.
Transmitting or receiving, uploading, using, or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, or copyrights.
Transmitting or receiving, uploading, using, or reusing material that includes sexual or explicit depictions of minors in any form.
Transmitting or receiving, uploading, using, or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements).
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms.
Falsifying header information or user identification information.
Using the services for anything other than lawful purposes, including, but not limited to, intentionally or unintentionally violating any applicable local, state, national, or international law.
Impersonating any person or entity, including, but not limited to, an ejencloud.com representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Copyright Protected Materials
We respect the intellectual property rights of others and expect that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe on the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way files, material, information, software, or other material obtained through the system that is protected by copyright or other proprietary rights or derivative works with respect thereto without obtaining the permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit, or distribute in any way any component of the system itself or derivative works with respect thereto.
Right to Restrict or Terminate Access
Until you or us decide to cancel the service, these Terms will automatically renew for subsequent one-month periods. We may deny or restrict your access to all or part of the system without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that ejencloud.com, in its reasonable discretion, believes violates the letter or spirit of any of these Terms. If ejencloud.com denies or restricts your access to the services because of such a violation, you shall have no right to obtain any refund or credit for the subscription fees you have paid.
Security
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the system, our services, the internet, and certain online transactions involves the use of identification numbers, passwords, payment accounts, or other individualised non-public information (“private documentation”). You shall use your best efforts to prevent unauthorised use of our services, the system, or any private documentation, and shall promptly report to ejencloud.com any suspected unauthorised use or other breach of security. You shall be responsible for any unauthorised use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access to such numbers and passwords. We shall not be liable for any unauthorised use of payment accounts. Account sharing (e.g., allowing others to use your account information to access the services) is not permitted.
Children and Minors
By using our services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the internet may contain information that may be offensive, may be illegal in various jurisdictions, or may be inappropriate for certain ages, and that ejencloud.com is not responsible for the detection and removal of such information. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
DISCLAIMER OF WARRANTY
Actual service coverage, speeds, locations, and quality may vary. We will attempt to provide the services at all times, except for limited periods for maintenance and repair. However, the services may be subject to unavailability for a variety of reasons beyond our control, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and being interrupted, limited, or curtailed. Delays or omissions may occur. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the services, communications services, or networks. We may impose usage or service limits, suspend the services, or block certain kinds of usage in our sole discretion to protect users or the services. The accuracy and timeliness of the data received are not guaranteed.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY, OR ACCURACY OF INFORMATION. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, WE WILL LIMIT OUR WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES TO THE GREATEST EXTENT ALLOWABLE BY APPLICABLE LAW IN SUCH JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL VPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“ejencloud.com PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE ejencloud.com PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE, OR ANY CONTENT THEREIN, THE ejencloud.com PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE ejencloud.com PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify, and hold the ejencloud.com Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our system or services; or your violation of any rights of another. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to defence by you. This section shall survive the termination of these Terms.
- General Terms
20.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the ejencloud.com homepage, constitute the entire agreement between ejencloud.com and you with respect to your use of our site and services. If there is any conflict between the Terms and any other rules or instructions posted on the site or services, the Terms shall control.
20.2. Amendments. No amendment to these Terms by you shall be effective unless acknowledged in writing by ejencloud.com. Notwithstanding the foregoing, we reserve the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
20.3. Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of Malaysia, without reference to its choice of law rules. The venue for any action arising out of or in connection with this agreement shall be in Malaysia. The parties each hereby consent to the jurisdiction and venue in Malaysia and waive any objections to such jurisdiction and venue.
20.4. Limited Time to Bring a Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our site or services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
20.5. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
20.6. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of ejencloud.com, which may be withheld in ejencloud.com’s sole discretion.
20.7. Non-Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.