Legal Agreements for CloudLinux Products
Cloudlinux and Tuxcare Non-Profit Program Terms and Conditions
Additionally, CloudLinux and TuxCare may change, add or remove any portions of this Term of Use Agreement, with no penalty and such changes shall become effective immediately upon posting. It is Your responsibility to review the Term of Use Agreement prior to each use of the Services within the CloudLinux and TuxCare Non-Profit Program. Furthermoreby continuing to use the Services within The Cloudlinux and TuxCare Non-Profit Program, You agree to any changes, additions and removals of Services.
Service Access And Use License
CloudLinux and TuxCare may change, suspend, or discontinue any aspect of the Cloudlinux and TuxCare Non-profit Program and Services at any time without penalties. CloudLinux, TuxCare,its suppliers and service providers reserve all rights not granted in this Term of Use.
- GRANT OF LICENSE(S). CloudLinux grants You a personal, revocable, non transferable, nonexclusive no-charge license to use the Services for personal, non-commercial purposes, conditioned on Your continued compliance with this Term of Use.
- REVIEW OF SERVICES AND LICENSE USAGE: By accepting this contract, You acknowledge that the licenses that You have been granted are under periodic review by the Cloudlinux Compliance Office. If You are found to be out of compliance, You will be immediately terminated from the Cloudlinux and TuxCare Non-Profit Program.
- LIMITATIONS ON LICENSE. The license granted to You in this Term of Use is restricted as follows:
- Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein.
- Limitations of License Count. Cloudlinux and Tuxcare, reserve the right to limit the amount of Non-Profit licenses granted to You. The maximum amount of licenses that will be issued to you of KernelCare Enterprise and/or Extended Life-Cycle Support licenses will be limited to fifty (50) for each product The maximum amount of licenses that will be issued to you of CloudLinux OS Shared Pro (no other CloudLinux licenses) will be limited to ten (10). The maximum number of licenses that will be issued to you of Imunify360 Unlimited licenses will be limited to ten (10) (no other Imunify360 licenses).
- Limitations on Modification. You may not decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.
- Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
- Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
This website may contain links to other websites and resources. These links are provided for your convenience only. CloudLinux or TuxCare has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by CloudLinux of the website, the sponsoring entity, or the products or services.
User Name and Password
If you are a CloudLinux or TuxCare subscriber, you must select a user name and password and you agree to provide CloudLinux or TuxCare with accurate, complete, and up to date information, and to keep such information accurate, current and complete; and to comply with this Term of Use Agreement. Your failure to do so constitutes a breach of this Term of Use Agreement, which may result in immediate termination of your right to access this website and Services.
CloudLinux and TuxCare reserves the right to reject any user name at its sole discretion.
You agree not to sell or transfer your use of or access to this website; nor permit anyone else to use your username or password. You agree to maintain the confidentiality of your user name and password; and to be responsible for all activity that occurs on your account. You agree to immediately notify CloudLinux or TuxCare of any unauthorized use of your account or any other breach of security. CloudLinux nor TuxCare will be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
Cancellations of monthly subscriptions can be made directly by Customers in their accounts with CloudLinux or via a written request through the ticketing system to the Billing Department by indicating the reason for the cancellation of service(s). Unless canceled, the licenses remain active.
Cancellations of yearly subscriptions can be made directly by Customers in their accounts with CloudLinux or via a written request through the ticketing system to the Billing Department by indicating the reason for the cancellation of service(s). Unless canceled, the licenses remain active.
Pricing and Payment Terms
CloudLinux and TuxCare owns the intellectual property rights in the text, images, audio, video, software, and other content that is made available on this website, or has obtained the permission of the owner of the intellectual property to make it available on this website. You may not redistribute or copy of any part of this website or its content without prior written permission of CloudLinux and TuxCare. You may display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media.
The trademarks, logos and service marks (“Marks”) displayed on this website are the property of CloudLinux, Inc. or other third parties. You are not permitted to use these Marks without the prior written consent of CloudLinux, TuxCareor the third party which owns the Mark.
Content Posted on Website By You
By displaying, publishing and making available for download and use by others any content, message, text, files, images, photos, video, audio, works of authorship, or any other materials (“Content”), you give CloudLinux a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content, including the right for CloudLinux to make Content available to other companies, organizations or individuals with whom CloudLinux has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that CloudLinux may transmit or distribute the Content over various public networks and in various media; and make such changes to the Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You represent and warrant to CloudLinux that you have all the rights, power and authority necessary to grant this license. As to any Content submitted by you to this website, you agree to defend, indemnify and hold CloudLinux and its affiliates, officers, directors, owners, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such Content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, even if such Content is reviewed by CloudLinux prior to publishing on the website.
By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. CloudLinux and TuxCare make no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You acknowledge that CloudLinux is subject to economic sanctions laws (“Economic Sanctions Laws”), including but not limited to those enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, and the United Kingdom. Accordingly, You shall comply with all Economic Sanctions Laws, including, but not limited to, those of the United States, the European Union, and the United Kingdom. You shall not provide access to the CloudLinux Products to any individuals identified on OFAC’s list of Specially Designated Nationals (“SDN List”), the UK’s HM Treasury’s Consolidated List of Sanctions Targets, or the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions (collectively “Sanctioned Parties”). You shall not take any action which would place CloudLinux in a position of non-compliance with any such Economic Sanctions Laws. Furthermore, You represent and warrants that (i) you have not in the past been, and will not be in the future, be connected with any Sanctioned Parties, (ii) shall provide such information regarding any individual or entity which you do business within any location covered by Economic Sanction Laws upon request of CloudLinux, and (iii) shall promptly advise CloudLinux of any activities which increases the risk of Yours non-compliance with this Section or CloudLinux’ compliance with Economic Sanctions Laws.
You agree to indemnify and hold CloudLinux harmless from any loss, damages, liability or expenses incurred by CloudLinux as a result of your failure to comply with any export regulations or restrictions or otherwise fails to comply with this Section
Disclaimer; Limitation of Liability
THIS WEBSITE, INCLUDING ALL WEBSITE CONTENTS, IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CLOUDLINUX MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, STATUTORY OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, OR UNINTERRUPTED ACCESS; (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE; AND (iii) WARRANTIES THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
The parties (a) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of California and to the jurisdiction of the United States District Court for the District of California for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Agreement except in the state courts of California or the United States District Court for the District of California, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court.
You agree that CloudLinux may provide notices and other communications to you solely by means of email, posting on the Website, or other electronic transmission.