CLOUDJOBS.NET TERMS OF USE

This document comprises the Terms of Use Agreement, hereinafter referred to as the "Agreement", or "TOS" and constitutes a legally binding Agreement between you, ("You") the visitor, member, employer, job seeker or advertiser to or on our Cloud Jobs web site, hereinafter referred to as the "site", and Cloudcor, Inc., the Canadian corporate entity that serves as the owner and operator of this site.

Cloudcor Inc. may be reached by surface mail at 910-2980 Don Mills Rd, Toronto, Ontario M2J 3B9.

Cloudcor, Inc, may also be contacted at: Phone: 510.984.2312 Fax: 510.373.1709.

Cloud Jobs is a free online job site where job seekers are connected with companies that are offering jobs in cloud computing, virtualization, Software as a Service and many others areas of related employment. Job seekers may search available jobs, post their resumes, research potential employers, and manage their job search process online. Employers may post unlimited jobs and search the resume database for prospective employees.

We facilitate networking via Linkedin, the publication of updates via Tweeter and the participation in online career discussions at no charge to our users.

Currently all tools and services are offered at no charge. However, we reserve the right to place a reasonable charge on some services in the future. All users will be given a notice in advance via e-mail prior to our initiating a program whereby some services and tools will be provided for on a pay basis.

Priority placement for employers as well as advertising slots are not currently offered for free and are subject to our normal rates.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, use or visit our forums, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership or use our advertising system or any other tool or service that we provide to you. This document serves as your SUBSCRIBER AGREEMENT and as such you must carefully read this document before using the services that we offer. If these TOS are considered a legally binding offer by us, acceptance thereof is limited expressly to the terms and conditions contained herein.

Subscribers must be at least 18 years of age and legally able to enter into a binding contract.

Related Restrictions

These TOS are void where prohibited by law and no Subscriber may use our tools and services in such jurisdictions.

Subscriber Limitations

Subscriber, which includes all publishers, advertisers, employers, job seekers and other parties using our tools and services, warrants that they will not publish or cause to be published any content that is infringing, defamatory, indecent, obscene, intolerant, racist or that otherwise violates any law or right of any third party or entity, as set forth herein. All employers must abide by their local employment laws which includes refraining from violating the legal rights of any employee or prospective employee, including all laws that prohibit discrimination due to age, sex, race, creed or religious belief.

We reserve the right to remove any content from the site at any time for any reason, or to terminate any user's right to use the site at any time for any reason. We may or may not provide a reason for removal of services to any user if we deny services.

Fraudulent, abusive or criminal activity will most certainly result in a Subscriber being banned from our services.

Subscriber agrees that we have no special relationship with Subscribers and no fiduciary duty exists that we are responsible for. We have no duty to take any action regarding which users gain access to the site or services, what content subscribers access or receive via our services, what content other users make available or publish, how any content is used or interpreted, or any action any party takes in regard to any content published via our services. We have no control over how content is displayed. Subscriber assumes the sole risk and responsibility for all content provided by third parties who use our site. We make no representations regarding any issues of civil or criminal liability regarding any posting or communication issued by any user.

Privacy Issues

Those users who are within the United States of America, take heed:

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711):
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE. We are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services. All Canadian and non-domestic users are warned that we are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services.

Password and User ID You will be provided with the ability to select a password and User ID. You must provide us with accurate, complete and updated registration information or your account shall be terminated. You may not select or use a User ID that is the name of another person or use any name that you are not legally allowed to use or one that violates the legal rights of another person or entity. You may have only one User ID. You are responsible for the security of your password and User ID.

Indemnification

You will indemnify us and hold us harmless, including our parent organization, subsidiaries, affiliates, officers and employees harmless, including costs, fees, damages and reasonable attorney's fees, from any claim or demand made by any third party due to or arising out of your use of our tools or services and or any action you have taken relating to your use of the site and the related tools and services.

Payments Owed to Us

For those services that require payment, you must timely pay for such services.

General Rules of Conduct

You may not:

• Violate the law of any jurisdiction while visiting our site or using any tool or service that we provide.
• Harass or Cyberstalk any user.
• Conduct any activity that is harmful or detrimental to our site, or business, our users as solely determined by us.
• Post any information or content that is obscene, indecent, discriminatory, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
• Upload any material that is harmful to our user's computers or objectionable to our community as a whole.
• Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
• Falsely represent your professional or business credentials or professional background.
• Publish content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch."
• Publish content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Publish content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
• Advertise any service or good that is illegal or prohibited by law.
• Distribute any files that are harmful to computers, telecommunications, or individuals or property.
• Send email that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
• Use any form of automated device or computer program that enables the submission of postings on our site, including our forums, without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals or use a third party posting agent to post content to our site without our written permission.

  We may post rules, guidelines or policies, including rules, guidelines or policies that concern our forums. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

  Anti-Spam Policy

  Any activity generally described as "spamming" by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings other than genuine offers of employment will result in membership and access to our site being terminated without prior notice to the member.

  Privacy Policy

  We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

  Disclaimer of Warranty

  We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement,capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

  Limitations of Liability

  Cloudcor, Inc, and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.

  Confidential Information

  Subscriber agrees to refrain from disclosing any Confidential Information that belongs to us, without our prior written permission. Such Confidential Information includes information regarding our software, programming, scripts and technical specification as to each, guidelines, documentation, inventions and developments that the Subscriber creates based on our intellectual property, click through rates, statistics relating to our site or services, and other information marked as "Confidential" by us. Confidential information does not include information that has become known to the public through no breach of Subscriber or that has been independently developed without access to our confidential information as proven by written history of the development of the same, or otherwise rightfully received by a third party, or released pursuant to law or governmental authority or order of the Court of competent Jurisdiction.

  Release of Subscriber Data

  We may keep and use for our own purposes all information and data that the Subscriber provides us, including site demographics and contact and billing information. Subscriber agrees that this information is freely transferrable by us and may include personally identifying information. Such information may be released by us to entities in jurisdictions that have less restrictive laws regarding privacy than Canada has.

  We disclaim all responsibility and will not be liable to Subscriber for any such disclosure of information to any third party or entity. We may share aggregate information that is not personally identifiable with our advertisers, publishers, partners and any other third parties. Subscriber gives us the right to allow third party the ability to access, index and cache our web site, including through tools such as spiders or crawlers. We also have a non-exclusive license to republish in any medium all advertisements, web pages, banners, interstitials or other user-generated content for marketing purposes with no restrictions or payment due to Subscriber.
  Employers who use our site warrant that they have the legal authority to bind the entity that they represent to these TOS.

  Severability If any provision of these TOS are found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable by Subscriber but is fully and without limitation of any nature transferrable and assignable by us.

  No Agency No agency, partnership, employment or joint venture is created by these TOS. Each party is an independent contractor as to the other party. Subscriber has not ability to represent or bind us in any way.

  DMCA COMPLAINTS

  USA residents may send DMCA complaints for our consideration. We are not bound by USA laws but will review each DMCA complaint that we receive and take those actions, if any, that we feel are appropriate.

  NOTIFICATION OF CLAIMS OF INFRINGEMENT

  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

  abuse@CloudJobs.net.

  or:

  Copyright Agent
  CloudJobs.net
  Cloudcor Inc. 910-2980 Don Mills Rd,
  Toronto, Ontario M2J 3B9 Canada

  Please provide our Agent with the following Notice:

  a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;

  b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

  d) Your address, telephone number, and email address; and

  e) Your physical or electronic signature.

  We may remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

  Intellectual Property Provisions

  All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored. All content on this site is protected by Canadian and US copyright laws and other international laws and treaties.

  Termination of Service We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.

  Equitable Orders

  You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

  Automatic Viewing or Usage of this Site

  You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

  Links to Third Party Sites

  We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

  Limitation of Liability

  We are not responsible for any damages arising from your use of this site, or any tools, functions or services that this site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this site or any tool, product or service that we provide to you, whether directly or indirectly.

  Content Issues

  We are not responsible for any content provided to you by our site members or advertisers. We do not screen content provided by our site members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

  You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

  Jurisdiction

  This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the nation of Canada.

  Foreign Usage

  We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside Canada.

  Erratum

  This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

  Modifications of this Agreement

  We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

  Notice

  Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

  Force Majeure

  Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

  Intellectual Property Notices have been Provided to You

  You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.

  All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of Canadian and International laws, treaties and regulations.

  Contacting Us

  Please contact us by email: info@cloudjobs.net

  Or by surface mail: Cloudcor Inc. 910-2980 Don Mills Rd, Toronto, Ontario M2J 3B9 Canada