TERMS OF USE AGREEMENT

THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) GOVERNS YOUR USE OF THE CLOUD SERVICES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, USING THIS SERVICE OR BY EXECUTING THIS AGREEMENT OR ANOTHER AGREEMENT OR AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE CLOUD SERVICES.

You may not access the Cloud Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking purposes.

This Agreement is effective between You and Us as of the date of You accepting this Agreement. This Agreement is in addition to the Netrounds Terms and Conditions located at https://www.netrounds.com/company/terms-and-conditions/customers/ which is incorporated herein by reference. In the event of a conflict between this Agreement and the Terms and Conditions, the terms of this Agreement will prevail.

The click-through, English language version of this Agreement, in addition to the Netrounds Terms and Conditions, and the Netrounds End User License Agreement constitute the entire understanding and contract between the parties and supersedes all prior agreements, commitments or representations between the parties, whether oral or written, as well as any downloaded or translated version of the Agreement, whether or not such downloaded or translated version is signed (including by digital or other electronic means) by either party. Any copy of this Agreement made by reliable means (for example, photocopy or facsimile) is considered an original.