MENACA TERMS & CONDITIONS

COLLABORATING TO RESOLVE COMMON CHALLENGES

MENA Cloud Alliance (MENACA) is a not-for-profit industry organisation offering membership against an annual subscription fee. MENACA provides a very specific forum for stakeholders – cloud service providers, software and hardware developers, carriers, enterprise users, policy makers and researchers – to collaborate on the requirements of the MENA market from within. As a collaborative forum, MENACA will accelerate the growth of the cloud market regionally by helping remove obstacles and leveraging opportunities.

Its mission is to establish collaboration among cloud stakeholders in the MENA region to accelerate the growth of the cloud market by:

  • Providing a platform to discuss implementation and growth strategies, share ideas, establish policies and best practices relating to the cloud computing ecosystem;
  • Ensuring that the interests of the cloud computing community are effectively represented in the public policy debate;
  • Defining, establishing, revising and supporting thought leading recommendations that contribute to the development of the cloud computing ecosystem,
  • Educating the business and consumer communities as to the value of cloud computing through public statements, publications, trade show demonstrations, seminar sponsorships, and other programs, and to thereby promote market demand for cloud computing based services;
  • Working with other societies and organizations that have similar interests and goals to MENACA
  • Promoting the common interests and benefits of the Members;
  • Considering other actions as directed by the membership and in accordance with governing laws.

GENERAL

Companies must pay the annual subscription fee to become Members of the MENACA. Each Member, including its employees, officers and directors, agrees to abide by the terms and conditions of MENACA membership (“Terms and Conditions”), as set forth below.

MANAGEMENT OF PERSONAL DATA

You can view or edit your personal data online for many of our services. You can also make choices about our collection and use of your data. How you can access or control your personal data will depend on which services you use. You can choose whether you wish to receive promotional communications from our web site by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to opt out, you can do so by following the directions in that message. You can also make choices about the receipt of promotional email, telephone calls, and postal mail by visiting and signing into Company Promotional Communications Manager, which allows you to update contact information, manage contact preferences, opt out of email subscriptions, and choose whether to share your contact information with our partners. These choices do not apply to mandatory service communications that are part of certain web site services.

TERM

The initial term of MENACA membership is one (1) year (“Initial Term”). MENACA shall send membership renewal invoices to its Members at least sixty (60) days prior to the Member’s membership renewal date. Invoices shall be sent via email to the Member’s email address provided on its Membership Application. A Member’s membership shall be renewed automatically for an additional one (1) year term (each a “Renewal Term”) under the same membership terms and conditions of such Member’s current MENACA membership unless such Member notifies the MENACA in writing of its intent not to renew or of its intent to change its membership category

TERMINATION POLICY

Members may, at any time by providing the Alliance with 7 days’ notice in writing, terminate its membership of the Alliance, upon which date all obligations, rights and liabilities that attach to such membership shall cease, provided that Member will not be entitled to a refund of any membership fees paid prior to the date of termination

CONTENT AND COPYRIGHT NOTICE

MENACA owns all right, title and interest in the MENACA Site and all content on the MENACA Site, as well as all other content created or otherwise owned by MENACA (“MENACA Content”). MENACA Content is available to Members for their personal and non- commercial use. . Members may not, except with MENACA’s express written permission, distribute or commercially exploit the MENACA Content nor transmit it or store it in any other website or other form of electronic retrieval system.

Members agree to the use of the Member’s Company name to publicly announce that the Company is a member of the Alliance and agrees to the use of its trademarks and logo in any list of Members the Alliance publishes, subject to any restrictions the Company may impose on the use of its trademarks and logo, for so long as Company remains a Member in good standing pursuant to policies and procedures adopted by the Board.

CONFIDENTIAL INFORMATION

Certain MENACA Content may be marked “Confidential” or “Proprietary.” In that event, Member agrees to maintain the confidentiality of such content and not disclose or make it available to any third parties.

TERMINATION POLICY

Members may, at any time by providing the Alliance with 7 days’ notice in writing, terminate its membership of the Alliance, upon which date all obligations, rights and liabilities that attach to such membership shall cease, provided that Member will not be entitled to a refund of any membership fees paid prior to the date of termination

CONTRIBUTIONS TO MENACA

Members may contribute to MENACA Content, in various forms including, but not limited to, submitting ideas, participating in committees, and making presentations. Member hereby fully and irrevocably grants, assigns and conveys to MENACA all right, title and interest worldwide in and to all Content conceived, reduced to practice, authored, developed or delivered by Member, Member’s officers, directors, employees, agents and independent contractors acting on Member’s behalf, either solely or jointly with others, including, but not limited to (i) any Content expressly labeled as “Content” or provided with an express statement that it is a contribution to MENACA; (ii) any Content provided to MENACA to be included in MENACA standards, specifications, policies, guidance, reports, analyses, procedures that are published by the MENACA or as part of a larger compilation or identified as a MENACA publication, whether in written or electronic form; or (iii) any Content that is developed in connection with Member’s membership in MENACA, developed in connection with Member’s participation in a MENACA working group or committee, or developed by Member in connection with Member making a presentation at a MENACA event. Content shall be the exclusive property of MENACA (becoming MENACA Content) and MENACA shall have the right to use the Content, or any part or parts thereof, as it sees fit. Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such Content. Member agrees that it shall require its personnel, at MENACA’s expense, to take any actions and execute all documents as MENACA may reasonably require to vest in MENACA or its nominees the rights referred to herein and to secure for MENACA or its nominees all right, title and interest in and to the Content.

MENACA TRADEMARK USE & CONDITIONS

MENACA is the owner of the Marks (as hereinafter defined) and desires to allow Members to utilize the Marks only in accordance with the terms and conditions set forth herein. ‘’Marks’’ shall include the name ‘’MENA Cloud Alliance’’, the abbreviation ‘’MENACA’’ and any and all related designs and logos and any modifications or derivations thereof.

MENACA grants to Member the non-exclusive, revocable right to use the Marks on Member’s presentations, web site, correspondence, business cards and other documents or media, solely for the purpose of identifying itself as a member of MENACA. Member shall not use the Marks for any other purpose.

Any reference by Member to the MENACA Site, including but not limited to www.menacloud.org shall include a link to such website and any reference by Member to statistics, reports or other materials produced and/or owned by MENACA shall include a reference to any and all of MENACA’s copyright or other ownership interest in the same.

Member shall not have the right to sublicense, authorize or enter into agreements with other persons, firms, entities or corporations granting to any of them the right to use the Marks or any other property owned by MENACA.

Unless terminated as provided below, Member’s right to use the Marks in accordance herewith shall terminate upon termination of Member’s membership in MENACA for whatever reason.

Member’s right to use the Marks in accordance herewith may be terminated by MENACA in the event MENACA determines, in its sole and absolute discretion, that Member has failed to comply with the terms and conditions set forth herein. In the event of termination, Member shall discontinue use of the Marks within three (3) days of the date of such termination.

Member acknowledges and agrees that MENACA is the sole owner of the Marks and Member is estopped from claiming any ownership rights in the Marks or otherwise use any trademarks or service marks that are the same or similar to the Marks.

In the event Member becomes aware of (i) any use by third parties that infringes on the Marks, or (ii) any claims by third parties against Member’s use of the Marks, Member shall notify MENACA of such infringement, claim, suit or demand.

Member agrees to defend, indemnify and hold MENACA, its officers, directors, employees, agents, representatives, successors and assigns, harmless against all losses, damages or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of Member’s use of the Marks.

If any legal action is initiated by either Member or MENACA related to Member’s use of the Marks, the prevailing party shall be entitled to recover from the other party reasonable costs and attorneys’ fees in addition to any other relief that may be awarded.

DISCLAIMERS; LIMITATION OF LIABILITY

THE MENACA SITE, MENACA CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY MENACA ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY MENACA WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) MENACA MAKES NO WARRANTY THAT THE MENACA SITE OR MENACA CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (b) MEMBER’S USE OF THE MENACA SITE AND MENACA CONTENT, AND MEMBER’S RELIANCE THEREON, IS AT MEMBER’S OWN RISK; (c) MENACA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF MENACA CONTENT, AND; (d) MENACA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL MENACA OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF MEMBER’S MEMBERSHIP IN MENACA, THE USE OF, OR INABILITY TO USE, THE MENACA SITE OR MENACA CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MENACA OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MENACA’S MAXIMUM LIABILITY TO ANY MEMBER SHALL BE THE AMOUNT OF THE MEMBERSHIP DUES PAID BY MEMBER TO MENACA IN THE TWELVE MONTHS PRECEDING THE MEMBER’S CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MENACA AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF SUCH JURISDICTION.