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Terms and Condition

1. OVERVIEW

This Universal Terms of Service Agreement ("Agreement") is made by and between PT. Media Cloud Indonesia and You, and is effective from the date of using this website ("Site") or electronically accepting this Agreement. This Agreement sets forth the general terms and conditions for your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, "Services"). Service-specific additional terms and policies apply to specific Services and are in addition to (not in lieu of) this Agreement. In case of any conflict between the terms in the Service Agreement and the terms in this Agreement, the terms in the Service Agreement shall prevail. The term "we" refers to PT. Media Cloud Indonesia. The terms "you", "User", or "customer" refer to the individual or entity accepting this Agreement, having access to your account, or using the Services. No provision in this Agreement shall be deemed to confer any rights or benefits to any third party.

2. CHANGES TO AGREEMENT, SITE, OR SERVICES

At our sole and absolute discretion, PT. Media Cloud Indonesia may modify or amend this Agreement and any policies or agreements contained herein at any time, and such changes or modifications will become effective immediately upon being posted on this Site. Your use of this Site or Services after such changes or modifications shall be deemed as your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or Services. Additionally, PT. Media Cloud Indonesia may notify you of changes or modifications to this Agreement via email. Therefore, it is crucial for you to update your account information. PT. Media Cloud Indonesia shall not be liable or responsible for any failure of email notification caused by inaccurate email addresses. Furthermore, PT. Media Cloud Indonesia may terminate your use of the Services for any violation of any provisions of this Agreement. PT. MEDIA CLOUD INDONESIA HAS THE RIGHT TO MODIFY, CHANGE, OR TERMINATE ANY ASPECT OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO PRICING AND FEES, AT ANY TIME.

3. ELIGIBILITY AND AUTHORITY

This Site and Services are only available to individuals or entities ("Users") who can enter into legally binding contracts under applicable law. By using this Site or Services, you represent and warrant that you

(i) are at least eighteen (18) years of age,

(ii) are capable of entering into legally binding contracts under applicable law, or

(iii) are not prohibited from purchasing or receiving Services listed under the laws of the Indonesia or any other applicable jurisdiction.

If you agree to this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind that corporate entity to the terms and conditions contained in this Agreement, and in such case, the terms "you", "User", or "customer" refer to that corporate entity. If, after you electronically accept this Agreement, PT. Media Cloud Indonesia finds that you do not have the legal authority to bind that corporate entity, you will be personally responsible for the obligations contained in this Agreement, including but not limited to payment obligations. PT. Media Cloud Indonesia shall not be liable for any losses or damages arising from PT. Media Cloud Indonesia's reliance on instructions, notices, documents, or communications believed by PT. Media Cloud Indonesia to be genuine and originating from your authorized representative. If there is a reasonable doubt about the authenticity of such instructions, notices, documents, or communications, PT. Media Cloud Indonesia reserves the right (but shall not be obligated) to request additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions carried out by you, anyone acting as your agent, and anyone who uses your account or Services, whether authorized or not.

4. YOUR ACCOUNT

To access certain features of this Site or use certain Services, you must create an account ("Account"). You represent and warrant to PT. Media Cloud Indonesia that all information submitted when creating an Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete. If PT. Media Cloud Indonesia has reason to believe that your Account information is untrue, inaccurate, expired, or incomplete, PT. Media Cloud Indonesia may, at its absolute discretion, suspend or terminate your Account. You are solely responsible for all activities that occur under your Account, whether authorized by you or not, and you must maintain the security of your Account information, including but not limited to customer/login numbers, passwords, Payment Methods (as defined below), and buyer PINs. For security purposes, PT. Media Cloud Indonesia recommends that you change your password and buyer PIN at least once every six (6) months for each Account. You must immediately notify PT. Media Cloud Indonesia of any security breach or unauthorized use of your Account. PT. Media Cloud Indonesia shall not be liable for any losses you incur due to unauthorized use of your Account. However, you are responsible for any losses resulting from the use of your Account, whether caused by you, an authorized person, or an unauthorized person.

5. GENERAL CONDUCT RULES

You represent and agree that:

  • Your use of this Site and Services, including the content you submit, must comply with this Agreement, all applicable Service Agreements or policies, as well as all applicable local, state, national, and international laws, rules, and regulations.
  • You shall not collect or harvest (or permit anyone else to collect or harvest) User Content (as defined below) or non-public or personally identifiable information about other Users or any other person or entity without their explicit and written consent.
  • You shall not use this Site or Services in a manner (as determined by PT. Media Cloud Indonesia in its sole and absolute discretion) that:
  • Is unlawful or promotes or encourages illegal activity;
  • Promotes, encourages, or engages in child exploitation or any activity related to the dissemination of child sexual abuse material (CSAM);
  • Promotes, encourages, or engages in terrorism, violence against others, animals, or property;
  • Promotes, encourages, or engages in spam email or unsolicited mass email, or computer hacking or cracking;
  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act 2008 or similar laws, or promotes, encourages, or engages in the sale or distribution of prescription drugs without a valid prescription;
  • Violates the Fight Online Sex Trafficking Act 2017 or similar laws, or promotes or facilitates prostitution and/or sex trafficking;
  • Violates the intellectual property rights of other Users or individuals or entities;
  • Violates the privacy or publicity rights of other Users or individuals or entities, or breaches any confidentiality obligations you owe to other Users or individuals or entities;
  • Violates the intellectual property rights of other Users or individuals or entities;
  • Disrupts the operation of this Site or the Services found on this Site;
  • Contains or installs viruses, worms, bugs, Trojan horses, or any other code, files, or programs designed to, or capable of, destroying, damaging, or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language or comparative or comparative claims about PT. Media Cloud Indonesia or PT. Media Cloud Indonesia Services.
  • You shall not engage in forgery, fraud, or abuse of any kind. At our discretion, you shall not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
  • You shall not copy or distribute any portion of this Site or Services through any media, unless expressly permitted by PT. Media Cloud Indonesia.
  • You shall not modify or alter any part of this Site or the Services found on this Site or related technologies.
  • You shall not access PT. Media Cloud Indonesia Content (as defined below) or User Content through any technology or means other than this Site or as may be explicitly authorized by PT. Media Cloud Indonesia.
  • You agree to back up all User Content so that you can access and use it when needed. PT. Media Cloud Indonesia does not guarantee the backup of any Account or User Content, and you agree to bear the risk of loss of any and all User Content.
  • You shall not resell or provide Services for commercial purposes, including any PT. Media Cloud Indonesia-related technologies, without the prior express written consent of PT. Media Cloud Indonesia.
  • You shall not circumvent, disable, or interfere with security-related features of this Site or the Services found on this Site (including but not limited to features that prevent or restrict the use or copying of PT. Media Cloud Indonesia Content or User Content) or enforce limitations on the use of this Site or the Services found on this Site, PT. Media Cloud Indonesia Content, or User Content therein.
  • You agree to provide photo identification and/or government-issued business identification as required for identity verification when requested.
  • You acknowledge that PT. Media Cloud Indonesia may contact you regarding your account, and for such purposes, you may be subject to call recording, and hereby consent to the same, subject to applicable laws and our limitations and obligations as stated below, including, if permissible, the recording of all such calls regardless of whether PT. Media Cloud Indonesia requests your permission on a particular call to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, such recordings may be submitted as evidence in any legal proceedings involving PT. Media Cloud Indonesia. Additionally, by providing a telephone number or mobile number, you agree to receive marketing telephone calls from or on behalf of PT. Media Cloud Indonesia, which may be initiated by an automatic telephone dialing system and/or the use of an artificial or prerecorded voice. You understand that giving consent is not a condition of purchasing products or services from PT. Media Cloud Indonesia. Likewise, by providing a mobile number, you agree to receive marketing text messages from or on behalf of PT. Media Cloud Indonesia sent by an automatic telephone dialing system. You understand that giving consent is not a condition of purchasing products or services from PT. Media Cloud Indonesia. Standard message and data rates may apply.
  • Without limiting any rights described elsewhere in this Agreement, PT. Media Cloud Indonesia expressly reserves the right to deny, cancel, terminate, suspend, or limit access to this Site or any Services (including the right to cancel or transfer domain name registrations) to any User (i) whose Account or Services have been previously terminated or suspended by PT. Media Cloud Indonesia for any reason, whether due to a violation of this Agreement or otherwise, or (ii) who has been or is involved in any improper or unlawful activities while using this Site or Services (as determined by PT. Media Cloud Indonesia in its sole and absolute discretion).
  • If your purchase or Account activity shows signs of fraud, abuse, or suspicious activity, PT. Media Cloud Indonesia may cancel all Services associated with your name, email address, or Account and close all associated PT. Media Cloud Indonesia accounts. If PT. Media Cloud Indonesia, in its sole discretion, determines that such activity is fraudulent, PT. Media Cloud Indonesia may take any legal action deemed necessary, and you may be liable for monetary losses to PT. Media Cloud Indonesia, including litigation costs and damages. To dispute the cancellation of Services or freezing or closure of accounts, contact PT. Media Cloud Indonesia.

6. YOUR DATA PROTECTION

PT. Media Cloud Indonesia offers certain hosting services to you that may involve the processing of personal data about you, your customers, and/or website users ("Your Data") while you use these services ("Covered Services"). For details refer to our Privacy Policy

7. USER CONTENT

Certain features of this Site or Services, including Services hosted by PT. Media Cloud Indonesia, allow Users to view, post, publish, share, store, or manage ideas, opinions, recommendations, or suggestions through forum posts, content submitted for contests, product reviews or recommendations, or photos to be included in social media events or activities ("User Submissions") or literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or through the Services, you represent and warrant to PT. Media Cloud Indonesia that you have all necessary rights to distribute User Content through this Site or through the Services because you are the creator of the User Content and have the right to distribute it, or because you have the right to distribute, license, consent, and/or permit in writing the use of the User Content by PT. Media Cloud Indonesia from the copyright or other owner of the User Content, and the User Content does not violate the rights of any third party. You are solely responsible for all of your User Content or User Content submitted through your Account, as well as the consequences of and requirements for its distribution. User Submissions. You understand and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship, and do not obligate PT. Media Cloud Indonesia to treat your User Submissions as confidential or proprietary. PT. Media Cloud Indonesia does not have any obligation, whether express or implied, to develop or use your User Submissions and no compensation will be paid to you or anyone else for any intentional or unintentional use of your User Submissions, and PT. Media Cloud Indonesia may be working on the same or similar content, may have received similar content from other sources, may simply wish to develop this (or similar) content on its own, or may have taken/will take some other action. PT. Media Cloud Indonesia has exclusive rights (including all intellectual property and other proprietary rights) to any User Submission submitted to this Site, and has the right to use and distribute the User Submissions submitted to this Site for any purpose, commercial or otherwise, without any compensation to you or anyone else. User Content Other than User Submissions. By posting or publishing User Content to this Site or through the Services, you grant PT. Media Cloud Indonesia the right to use any intellectual property or other ownership rights in and to your Content to enable the inclusion and use of the User Content in the manner intended by the Site and this Agreement. You hereby grant PT. Media Cloud Indonesia a global, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, these Services, and PT. Media Cloud Indonesia's business (and its affiliate's business), including but not limited to for promoting and redistributing all or part of this Site in any media formats and through any media channels without limitation and without payment or consideration of any kind, or permission or notification to you or any third party. By this, you grant a non-exclusive license to any User of this Site to access your User Content (except User Content you designate as "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as allowed through the functionality of this Site and this Agreement. The licenses you grant to your User Content are perpetual and cannot be revoked. Notwithstanding anything to the contrary herein, PT. Media Cloud Indonesia shall not be permitted to use User Content that you have designated as "private" or "password protected" for the purposes of promoting this Site or PT. Media Cloud Indonesia's business (or its affiliate's business). If you have a website or other content hosted by PT. Media Cloud Indonesia, you will retain all ownership or license rights to your User Content.

8. WEBSITE/SERVICE AVAILABILITY

Subject to the terms and conditions of this Agreement and our other policies and procedures, we will use commercially reasonable efforts to provide this Site and these Services 24 hours a day, seven (7) days a week. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason, including but not limited to equipment malfunctions, maintenance, repairs, or replacements that we undertake from time to time; or instances that are beyond our control or unforeseen, including but not limited to telecommunications or digital transmission link interruptions, harmful network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and we shall not be liable to you or any third party regarding this.

9. PRODUCT CREDITS

If you are given product credits ("Credits"), whether for redemption of specific product purchases or as a freebie with the purchase of another product ("Purchased Product"), you acknowledge and agree that such Credits are valid for 1 (one) year and only available with a valid purchase and may be terminated if the Purchased Product has been deleted, canceled, transferred, or not renewed. Credits will expire within 1 (one) year from the date of purchase of the Purchased Product if the Credits have not been redeemed. If Credits are redeemed after the initial subscription period, the product will automatically be renewed at the then-current renewal price until canceled. If you wish to cancel automatic renewal of the product, you can do so by visiting your Account or contacting customer service. If the Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the domain price listed on the PT. Media Cloud Indonesia website and is not subject to any promotions, discounts, or other price reductions. For Credits provided for free with other Purchased Products, you acknowledge and agree that we may exchange your Credits for similar products, at our sole discretion.

10. CONTENT MONITORING; ACCOUNT TERMINATION POLICY

PT. Media Cloud Indonesia generally does not perform pre-screening of User Content (whether posted to websites hosted by PT. Media Cloud Indonesia or posted to this Site). However, PT. Media Cloud Indonesia reserves the right (but not the obligation) to do so and to decide whether any item of User Content is appropriate and/or complies with this Agreement. PT. Media Cloud Indonesia may remove any item of User Content (whether posted to websites hosted by PT. Media Cloud Indonesia or posted to this Site) and/or terminate a User's access to this Site or Services found on this Site for posting or publishing materials that violate this Agreement or if they have breached this Agreement (as determined by PT. Media Cloud Indonesia in its sole and absolute discretion) at any time and without prior notice. PT. Media Cloud Indonesia may also terminate a User's access to this Site or Services found on this Site if PT. Media Cloud Indonesia has reason to believe the User has committed repeated violations. If PT. Media Cloud Indonesia terminates your access to this Site or Services found on this Site, PT. Media Cloud Indonesia may, at its sole and absolute discretion, delete and destroy any data and files you have stored on its servers.

11. TRADEMARK AND/OR COPYRIGHT CLAIMS

PT. Media Cloud Indonesia supports intellectual property protection. If you wish to submit a trademark claim for the infringement of a trademark or service mark that you legitimately own and is registered, or a copyright claim for material that is actually copyrighted by you, please contact info@mediacloud.id

12. LINKS TO THIRD-PARTY WEBSITES

The Site and Services found on this Site may contain links to third-party websites that are not owned or controlled by PT. Media Cloud Indonesia. PT. Media Cloud Indonesia is not responsible for the content, terms and conditions, privacy policies, or practices of any third-party website. Additionally, PT. Media Cloud Indonesia does not censor or edit third-party website content. By using this Site or Services found on this Site, you expressly release PT. Media Cloud Indonesia from any and all liability arising from your use of third-party websites. Therefore, PT. Media Cloud Indonesia encourages you to be aware when leaving this Site or Services found on this Site and to review the terms and conditions, privacy policies, and documents governing any other site that you may visit.

13. DISCLAIMER AND WARRANTIES

You specifically acknowledge and agree that your use of this site and services found on this site shall be at your own risk and that this site and services found on this site are provided "as is," "as available," and "with all faults." PT. Media Cloud Indonesia, its officers, directors, employees, agents, and all third-party service providers disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PT. Media Cloud Indonesia, its officers, directors, employees, and agents do not make any representations or warranties regarding

(i) the accuracy, completeness, or content of this site,

(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertisements, or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertisements, or otherwise) to this site, PT. Media Cloud Indonesia shall not be liable for the same.

in addition, you specifically acknowledge and agree that no oral or written information or advice provided by PT. Media Cloud Indonesia, its officers, directors, employees, or agents (including without limitation, call center or customer service representatives), and third-party service providers will

(i) constitute legal or financial advice or

(ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

14. LIMITATION OF LIABILITY

Under no circumstances shall PT. Media Cloud Indonesia, its officers, directors, employees, agents, and all third-party service providers be liable to you or anyone else for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PT. Media Cloud Indonesia has been advised of the possibility of such damages), arising out of :

(i) the use of and access to this site and services found on this site;

(ii) the violation of any of the terms of this agreement or any policy or guideline of pt. media cloud Indonesia; and/or

(iii) he violation of any third-party right, including without limitation any copyright, property, or privacy right. the foregoing limitations of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found on this site.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PT. Media Cloud Indonesia and its officers, directors, employees, agents, and all third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of any kind and nature (including, without limitation, reasonable attorney's fees) imposed on, incurred by, or asserted against PT. Media Cloud Indonesia directly or indirectly arising from

(i) your use of and access to this Site or Services found on this Site;

(ii) your violation of any of the terms of this Agreement or any policy or guidelines of PT. Media Cloud Indonesia; and/or

(iii) (iii) your violation of any third-party right, including, but not limited to, any intellectual property or proprietary right. The indemnification obligations under this section shall remain in effect even after the termination or expiration of this Agreement or your use of this Site or Services found on this Site.

16. COMPLIANCE WITH LOCAL LAWS

PT. Media Cloud Indonesia does not represent or warrant that the content available on this Site or Services on this Site is suitable for every country or jurisdiction, and access to this Site or Services on this Site from countries or jurisdictions where the content of this Site or Services on this Site is deemed unlawful or prohibited is not allowed. Users accessing this Site or Services on this Site are responsible for complying with all local regulations, rules, and laws.

17. DISPUTES

Disputes that arise will be resolved through consensus and discussion first, if no consensus were made all parties agreed to resolve the disputes with Badan Arbitrase Nasional Indonesia (BANI) which located in Wahana Graha Lt. 1 & 2 Jl. Mampang Prapatan No. 2, Jakarta 12760.