License Agreement | tuxcare.com

Cloudlinux and Tuxcare Non-Profit Program Terms and Conditions

This Term of Use Agreement ( “Terms of Use”) is a binding legal contract between your (“You” or “Your”) Non-Profit organization and Cloudlinux (“CloudLinux” “TuxCare”or “We” or “Our”), that holds either  a US-registered 501(c)(3) and 501(c)(6) designation, is located in the United States, is both tax-exempt from Federal and State income taxes,  and does not engage in commercial activities for either public and/ or private interests with the goal of monetary profit on the income raised.  This  Term of Use will govern Your access to use any of the following websites including without limitation www.cloudlinux.com, www.tuxcare.com, www.imunify360.com, and KernelCare & Extended Life-Cycle Support, CloudLinux OS Shared Pro, and Imunify360 Unlimited Licenses softwares only (“Services”) with the limitations described below and within the Cloudlinux and TuxCare Non-Profit Program. 

By accessing or using any part of the Service, You will be bound by these Terms of Use. If You do not agree to these Terms of Use, CloudLinux and TuxCare will not grant You any right to use or access the Services within the Cloudlinux and TuxCare Non-Profit Program. In such event, that You are not granted permission to access or otherwise use the Service within the Cloudlinux and TuxCare Non-Profit Program, You are instructed to exit the Service and Cloudlinux and TuxCare Non-Profit Program immediately.

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. Furthermore, by 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

The Services You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by CloudLinux and TuxCare, and its affiliates and licensors. The Services within the Cloudlinux and TuxCare Non-Profit Program are licensed to You for free, and under no circumstances may Cloudlinux or TuxCare Services be sold or gifted to any other organization or third party without the express written permission from either Cloudlinux and/or TuxCare. Except for the limited license granted in these Terms of Use, CloudLinux and TuxCare and its licensors retain all rights, titles and interests in the Services and all proprietary rights in the Service, including without limitation copyrights, patents, trademarks, service marks, and trade names.

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. 

  1. 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.
  2. 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. 
  3. LIMITATIONS ON LICENSE. The license granted to You in this Term of Use is restricted as follows:
    1. 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.
    2. Limitations of License Count. Cloudlinux and Tuxcare, reserve the right to limit the number of Non-Profit licenses granted to You. The maximum amount of licenses that will be issued to you of KernelCare 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).
    3. Limitations on Use. To be part of the Cloudlinux and TuxCare Non-Profit Program, you must go to https://tuxcare.com/nonprofit/ and apply. (i) To participate in the Cloudlinux and TuxCare Non-Profit Program you must provide a current  501(c)(3) or 501(c)(6) certificate for verification; (ii) upon acceptance into the Cloudlinux and TuxCare Non-Profit Program, you agree to allow  CloudLinux and/or TuxCare to use Your Organization’s name and logo for any legal business practice required; including but not limited to usage on Cloudlinux and TuxCares’ Websites, Event Presentations, Webinar Slides, Social Media Graphics, Blog Graphics, Online Ads, Infographics, Videos, Lead Magnets, Branded Newsletters, Presentations, and Case Studies. (iii) Upon Your Organization’s acceptance into the Cloudlinux and TuxCare Non-Profit Program You agree to the terms listed: CloudLinux and TuxCare reserve the right to refuse to issue a no-charge license for any reason. Cloudlinux and Tuxcare reserve the right to refuse to issue an upgrade to an existing no-charge license for any reason. Cloudlinux and TuxCare reserve the right to revoke the use of an existing no-charge license, at any time and for any reason. (iv)  You may use and access the Service solely for Your use.  Use of the Service must be in accordance with the Terms listed but not limited to: You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by these Terms of Use. . You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by CloudLinux or TuxCare to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate, nefarious or prohibited means; (iii) You may not use the Service to probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) You may not reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of CloudLinux, TuxCare or networks connected to the Service; (vi) You may not use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) You may not use the Service to harvest or collect email addresses or other contact information; (viii) You may not market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of CloudLinux and/or TuxCare; (ix) You may not create an intact reproduction of a page or pages of the Service into another service; (x) You may not use the Service in an nefarious or unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CloudLinux or TuxCare.
    4. Limitations on Modification. You may not decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.
    5. 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.
    6. 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.

Linking

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 reserve the right to reject any user name at their 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.

Cancellation Policy

Monthly Subscriptions

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.

Yearly Subscriptions

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 will grant You no-charge licenses for free which requires no payments from You. Unless You wish to upgrade Your current no-charge licenses to the paid licenses. In that case, the current Terms of Use are suspended and You need to accept our General Terms of Use for further usage of the paid licenses.

Refund Policy

There is no refund option in the Cloudlinux and TuxCare Non-Profit Program, as We grant You no-charge licenses for free. Unless You wish to upgrade Your current no-charge licenses to the paid licenses. In that case, the current Terms of Use are suspended and You need to accept our General Terms of Use for further usage of the paid licenses, where the Refund Policy is applicable to our further cooperation.

Copyrights

CloudLinux and TuxCare own the intellectual property rights in the text, images, audio, video, software, and other content that is made available on this website or have obtained the permission of the owner of the intellectual property to make it available on this website. You may not redistribute or copy 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.

Trademarks

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.

Monitoring

CloudLinux has the right, but not the obligation, to monitor the content of this website, and to determine compliance with these Terms of Use and any other operating rules established by CloudLinux. CloudLinux has the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or which it finds to be otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree, that CloudLinux does not have any liability for any action or inaction with respect to any conduct, communication, or posting on this website.

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.

Export Control

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 with 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.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE (INCLUDING ANY OF THE WEBSITE CONTENTS), YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST CLOUDLINUX WITH RESPECT TO THESE TERMS OF USE OR THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. IN NO EVENT SHALL CLOUDLINUX BE LIABLE TO YOU, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR SIMILAR LOSSES) EVEN IF CLOUDLINUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY IS DEEMED UNENFORCEABLE.

THE CUMULATIVE LIABILITY OF CLOUDLINUX TO YOU FOR ALL CLAIMS RELATED TO THIS WEBSITE, AND THESE TERMS OF USE, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, STRICT LIABILITY, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY YOU TO CLOUDLINUX FOR USE OF THIS WEBSITE DURING THE IMMEDIATELY PRECEDING 6 MONTH PERIOD.

Dispute Resolution

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.

Privacy

See the CloudLinux Privacy Policy located here. As stated in our Privacy Policy, we may transfer personal data to third-party processor companies (i.e. cloud data and server services) that help us provide our service. Such third-party processors are located in, and the transfers are limited to, the United States or countries in the European Union, and these processors are controlled by data processing agreements providing the same protections of your personal data. Your agreement to these terms includes your consent to such transfer of your personal data.

Miscellaneous

All claims relating to these Terms of Use are governed by the Federal laws and the laws of the State of Delaware, the U.S.A. without regard to choice of law provisions. You and CloudLinux agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.

The headings of sections of these Terms of Use are for convenience of reference only and shall not affect the meaning or interpretation of these Terms of Use.

You agree that CloudLinux may provide notices and other communications to you solely by means of email, posting on the Website, or other electronic transmissions.

These Terms of Use constitute the entire agreement between you and CloudLinux with respect to this Website (including the website contents) and supersedes all prior agreements between you and CloudLinux. If these Terms of Use conflict with any other terms contained within this Website, then the terms of these Terms of Use shall control. Failure by CloudLinux to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intent of the parties, and the remainder of the provisions shall remain in full force and effect.

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