Legal Agreements
For TuxCare

Click here to view LICENSE-1.2.TXT

READ THIS LICENSE AGREEMENT BEFORE INSTALLING THESE PROGRAMS. THIS LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR AN ENTITY, AND CLOUD LINUX INC., DOING BUSINESS AS TUXCARE (“TUXCARE”), GOVERNING YOUR USE OF ANY PROGRAMS DOWNLOADED, INSTALLED OR USED BY YOU (THE “PROGRAMS”). REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS LICENSE AGREEMENT. TUXCARE IS UNWILLING TO LICENSE THE PROGRAMS EXCEPT ON THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. THE ACT OF DOWNLOADING, INSTALLING OR USING THE PROGRAMS SHALL CONSTITUTE AN ACCEPTANCE BY YOU OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THE INSTALLATION NOW AND REMOVE IT FROM YOUR SYSTEM.

THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF TUXCARE’S OBLIGATIONS AND RESPONSIBILITIES TO YOU AS LICENSEE, AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF TUXCARE RELATING TO THE SUBJECT.

1. GRANT OF LICENSE
   
   TuxCare hereby grants to you, and you accept, a limited, nonexclusive license to use the Programs in machine-readable, object code form only, and the user manuals accompanying the Programs (the “Documentation”), only as authorized in this Agreement. For purposes of this Agreement, the “Programs” include any updates, enhancements, modifications, revisions, or additions to the Programs made by TuxCare and made available to end-users. Notwithstanding the foregoing, TuxCare shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Programs.You may use one copy of the Programs only on systems, including servers, workstations, virtual machines, blades, nodes, or disk partitions for which you have purchased Subscription Services from TuxCare or its resellers. For purposes of this Agreement, “use” of the Programs means loading the Programs into the temporary or permanent memory of a computer. Installation of the Programs on a network server solely for distribution to other computers is not “use” of the Programs, and is permitted, as long as you have purchased Subscription Services for the systems being accessed by the Programs.Your installation or use of the Programs grants TuxCare limited access to your system information for the sole purpose of Cybersecurity analysis and reporting. Such access and information collected include reviewing installed packages and applications, the names, sizes, and attributes of files, the server or system uptime, load, running processes, and debugging information of the patching process and Program.As a condition of the license granted to You pursuant to this License Agreement, You shall pay Cloud Linux the amount(s) of all applicable license fees. You shall, in addition to the license fees, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this License Agreement. You shall reimburse CloudLinux for the amount of any such taxes or duties paid or incurred directly by CloudLinux as a result of this transaction, and you agree that CloudLinux may charge any such reimbursable taxes to the payment instrument you used for Your initial payment.
2. AUDIT
   
   You agree that on TuxCare’s request you will certify in writing your compliance with the terms of this agreement, including your use of the Programs only on or in connection with the number of systems licensed. You further agree that TuxCare may during normal business hours and with reasonable prior notice, request and gain access to your premises for the limited purpose of conducting an inspection to determine and verify your compliance with this Agreement. The inspection will be conducted no more than once per year and in a manner not intended to disrupt your business and will be restricted in scope and duration to that reasonably necessary to achieve its purpose.
3. PROTECTION OF PROPRIETARY RIGHTS; CONFIDENTIALITY.
   
   You acknowledge that the Programs and each of their components are owned by TuxCare and others, and are protected under copyright law and other laws as applicable. Title to the Programs, or to any copy, modification, or merged portion thereof shall remain with their respective owners, subject to the applicable license. You may commercially redistribute the Programs only if, you have entered into a separate agreement with TuxCare authorizing such commercial redistribution or TuxCare has otherwise granted you permission, in writing.You agree not to remove any confidential or proprietary legends from the Programs.You acknowledge that, in the event of your breach of any of the provisions of this Section 3, TuxCare will not have an adequate remedy in money or damages. TuxCare shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. TuxCare’s right to obtain injunctive relief shall not limit its right to seek further remedies. This Section 3 shall survive termination for any reason.Your obligations hereunder shall remain in effect for as long as you continue to possess or use the Programs, or any proprietary interests therein.You further agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Programs, (b) copy or use the Programs for any purpose other than as permitted in this License Agreement, (c) remove or alter any trademark, logo, copyright or, patent marking(s), other proprietary notices, legends, symbols or labels in the Programs, or (d) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Programs, including, but not limited to, its license keys, to the fullest extent of the law.All Programs are and remain the confidential information of, and a trade secret of, TuxCare. The Programs does not include any rights to the underlying source code of the Programs, but only a right to use the object/binary code as set forth and restricted herein. You shall not rent, sell, lease, license, sublicense, assign, transfer, publish, disclose, distribute, display, or transcribe in any fashion any of the Programs to others or for any use other than as provided by
this EULA, and any such attempted rental, selling, leasing, licensing, sublicensing, assignment, transfer, publishing, disclosure, distribution, display or transcription shall be null and void.“Confidential Information” shall mean the Programs, any intellectual property of TuxCare or any other information that characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; or (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this License Agreement, provided, however, that any source code or trade secrets you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of TuxCare. You shall not use any Confidential Information other than in the as expressly required to use the Programs in accordance with its standard use and in accordance with all Product Information. You are required to notify TuxCare in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this License Agreement, and to cooperate with TuxCare in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify TuxCare prior to such disclosure to allow TuxCare an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with TuxCare in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
4. LIMITED WARRANTY; EXCLUSIVE REMEDIES.
   
   Limited Warranty: TuxCare warrants that (i) the media on which the Programs are furnished will be free from defects in materials and manufacture under normal use of a period of 30 days from the date of delivery to you; and (ii) TuxCare is the owner or authorized licensee of the Programs, or has the rights to license the Programs to you.No person other than TuxCare, in writing, is authorized to make any representation or warranty to you regarding the Programs.Exclusive Remedy: In the event of a breach of the limited warranty above, your exclusive remedy relative to the Programs shall be for TuxCare, at TuxCare’s option, to either: (i) replace the Programs that does not meet the limited warranty; or (ii) refund to you the Programs license fees (and no other fees) paid by you, during the 12 month period immediately preceding the breach of the limited warranty, for the Programs which fails to comply with the limited 
warranties.
5. DISCLAIMER; LIMITATION ON LIABILITY
   
   Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY TUXCARE. TUXCARE MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY TUXCARE.Limitation on Consequential Damages: IN NO EVENT SHALL TUXCARE BE LIABLE TO YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF TUXCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TUXCARE SHALL HAVE NO LIABILITY OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, THE LOSS OR DAMAGE THEREOF.Limitation on Liability:THE CUMULATIVE LIABILITY OF TUXCARE TO YOU FOR ALL CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO TUXCARE FOR THE PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO THE CLAIM.All limitations on liability, damages and claims are intended to apply without regard to whether other provisions of this License Agreement have been breached or have proven ineffective.
6. TERMINATIONThe license granted herein is effective until terminated. The license will automatically terminate, without notice, if you fail to comply with any provision of this License Agreement. Upon termination of this License Agreement, all rights granted to you pursuant to this License Agreement will terminate and revert to TuxCare. This license may be terminated at any time, for any reason, by TuxCare. TuxCare’s maximum liability for any such termination is to refund to you any prepaid fees.
7. PERSONAL INFORMATION CONTROL.You agree to comply with all applicable laws, regulations, rulings and orders of the EU, US and other countries (including but not limited to the EU’s GDPR) in which you have operations relating to the protection, use, and distribution of personal information of your users or visitors on any devices which have the Program installed or stored. Further, you shall indemnify TuxCare for any and all claims resulting from your violation of any such laws, regulations, rulings, or orders.
8. EXPORT CONTROL.
   
   You agree to comply with all applicable laws, regulations, rulings and executive orders of the United States relating to the exportation or importation of any copies of the Programs (including but not limited to the export and destination control regulations of the Commerce and Treasury Department) and with all applicable foreign laws relating to the use, importation, licensing or distribution of copies of the Programs.You acknowledge that TuxCare 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 TuxCare 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 TuxCare 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 TuxCare, and (iii) shall promptly advise TuxCare of any activities which increases the risk of your’s non-compliance with this Section 8 or TuxCare’ compliance with Economic Sanctions Laws.You agree to indemnify and hold TuxCare harmless from any loss, damages, liability or expenses incurred by TuxCare as a result of your failure to comply with any export regulations or restrictions or otherwise fails to comply with this Section 8.
9. GENERAL.This License Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this License Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. No modification of this License Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought; or in the event of TuxCare updating this License Agreement; you agreeing to the modified terms through use of a click through process.Any notices required or permitted under this License Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, with proper postage affixed.In the event that any term of this License Agreement is or becomes or is declared to be invalid or void by any court or tribunal of competent jurisdiction, such term shall be null and void and shall be deemed severed from this License Agreement, and all the remaining terms of this License Agreement shall remain in full force and effect.

Effective from January, 2024. Archived versions | Download PDF

Please read these Termsof Use carefully before using this website, our products, and/or services (“Services”). The following are terms of a legal agreement between you (“You” or “Your”), as either an individual or an Entity, and Cloud Linux, Inc., doing business as TuxCare, and its affiliated companies (“We” or “TuxCare”). References to “You” herein refer to both You, the individual end user, and the entity on whose behalf You are accepting these Terms of Use. By using this website and Services, you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website and Services. TuxCare reserves the right to revise the Terms of Use at our sole discretion at any time. Any revisions to the Terms of Use will be effective immediately upon posting by TuxCare. For any material changes to the Terms of Use, TuxCare will take reasonable steps to notify you of such changes via a banner on the website, email notification, another method, or a combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms of Use. If at any time the Terms of Use are no longer acceptable to You, you should immediately cease all use of this website and Services.

Definitions

The following definitions are used in this Terms of Use:

“TuxCare” means Cloud Linux, Inc. and its affiliated companies.

“Account” means a specific-to-you web-based portal through which you may access and manage the Services, view usage information, and update your profile information.

“Key-based licensing account” means a specific-to-you web-based portal through which you may access and manage the Services using only key-based licensing type.

“IP-based licensing account” means a specific-to-you web-based portal through which you may access and manage the Services using both IP-based and key-based licensing types.

“Key-based license” type allows customers to activate the Company’s service(s) using an activation key, which is presented as a unique code and related activation commands.

“IP-based license” type allows customers to activate the Company’s service(s) using an IP address and activation commands.

“Billing Cycle” means the interval of time between invoicing. At TuxCare, a billing cycle is traditionally set on a monthly or yearly basis, depending on the product or service rendered. For example, if the purchase is made on Jan 2nd, invoices will be generated on the 2nd date of each month for monthly subscriptions and on Jan 2nd once a year for yearly subscriptions.

“Chargeback” is a charge that is returned to a payment card after a customer successfully disputes an item on their account statement or transactions report.

“TuxCare Support Portal” means a web-based, browser-accessed self-serve portal that offers information and resources to help users find answers and resolve their issues.

“CloudLinux Network subscriber” means a Customer who registered with the TuxCare portal for the purpose of using TuxCare Services.

“Recurring payment” takes place after the initial charge and allows the automatic deduction of funds from Your account(s ) at scheduled intervals to cover Your subscription fees for Services as long as the subscription is active.

“Payment Information” means any details required for the purchase of Services. This includes, but is not limited to, credit/debit card details, digital wallet such as PayPal, billing address, user’s full name, etc.

“Services” means any products, software, and services available on the TuxCare website.

“Subscription” means a purchase by prepayment for TuxCare Services on a monthly or yearly basis.

“Check-in” is an event where the server communicates with a licensing system (CLN) to confirm its license status.

CloudLinux Network (CLN) is a website for purchasing and managing licenses, servers, and account preferences.

Use of Software

Any software (“Software”) that is made available to you to download from this website is the copyrighted work of TuxCare and/or third parties. Your use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software (“License Agreement”). You agree not to install any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of the License Agreement.

THE ONLY LIMITED WARRANTIES, IF ANY, RELATING TO THE SOFTWARE ARE INCLUDED IN THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.

Linking

This website may contain links to other websites and resources. These links are provided for your convenience only. 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 TuxCare of the website, the sponsoring entity, or the products or services.

Restrictions on Use

You agree to comply with all applicable local, state, national, and international laws and regulations which may apply to your use of this website and Services. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. TuxCare reserves the right to seek damages from any such person to the fullest extent permitted by law.

You agree not to not to: use this website and Services in any way that is unlawful, or harms TuxCare or any customer of TuxCare, as determined by TuxCare, in its sole discretion; interrupt, or attempt to interrupt, the operation of this website in any way; restrict, in any way, any other user from using this website and Services; post or transmit to this website and Services any software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; use this website to transmit, directly or indirectly, any unsolicited bulk email or unsolicited commercial email (spam); post any obscene, indecent, pornographic, hateful, profane, sexually explicit, abusive, false or misleading, fraudulent, slanderous, libelous, defamatory, unlawful or otherwise objectionable material, at any time; harvest or collect information about website visitors without their express written consent; and, except as necessary to use this website, copy, reproduce, post or distribute, in any way, any portion of this website or derivative works thereof.

Account Security

If you are a CloudLinux Network subscriber, you must select a username and password, and you agree to provide TuxCare with accurate, complete, and up-to-date information and to keep such information accurate, current and complete; and to comply with these Terms of Use. Your failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your right to access this website and Services.

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 and Services; not to permit anyone else to use your username or password; to maintain the confidentiality of your username and password; and to be responsible for all activity that occurs on your account. You agree to immediately notify TuxCare of any unauthorized use of your account or any other breach of security. TuxCare will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.

Taxes

You shall, in addition to the license fees, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under these Terms of Use. You shall reimburse TuxCare for the amount of any such taxes or duties paid or incurred directly by TuxCare as a result of this transaction, and you agree that TuxCare may charge any such reimbursable taxes to the payment instrument you used for your initial payment.

Billing, Payments and Refunds

If You are a CloudLinux Network subscriber and have any type of TuxCare account, You agree to adhere to the rules outlined in the following Policies, which are an integral part of the Terms of Use.

• TuxCare Billing terms
• TuxCare Pricing and Payment Terms
• TuxCare Cancellation and Termination Policy
• TuxCare Refund Policy
• TuxCare Chargeback Policy

Copyrights

TuxCare either 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 any part of this website or its content without prior written permission of 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

Please refer to Logo and Trademark Usage Guidelines for details on CloudLinux’s intellectual property rights. The trademarks, logos, and service marks (“Marks”) displayed on this website are the property of Cloud Linux, Inc., Cloud Linux Software, Inc., or other third parties. The trademarks of other third parties are the property of their respective owners and are only mentioned on the website for informative purposes. You are not permitted to use these Marks without the prior written consent of CloudLinux or the third party that owns the Marks.

Monitoring

TuxCare 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 TuxCare. TuxCare 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 TuxCare 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 TuxCare 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 TuxCare to make Content available to other companies, organizations or individuals with whom TuxCare has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that TuxCare 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 TuxCare 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 TuxCare 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 TuxCare prior to publishing on the website.

Export Control

By using this website and Services, 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. TuxCare makes 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 TuxCare is subject to 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 (“Economic Sanctions Laws”). 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 TuxCare 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 that would place TuxCare 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 TuxCare, and (iii) shall promptly advise TuxCare of any activities which increases the risk of your’s non-compliance with this Section or TuxCare’ compliance with Economic Sanctions Laws.

You agree to indemnify and hold TuxCare harmless from any loss, damages, liability, or expenses incurred by TuxCare 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.” TUXCARE 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 TUXCARE 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 TUXCARE 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 TUXCARE 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 TUXCARE 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 TUXCARE FOR USE OF THIS WEBSITE DURING THE IMMEDIATELY PRECEDING 6 MONTH PERIOD.

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, U.S.A., without regard to choice of law provisions. You and TuxCare 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 TuxCare may provide notices and other communications to you solely by means of email, posting on the Website, or other electronic transmission.

These Terms of Use constitutes the entire agreement between you and Cloud Linux, Inc., doing business as TuxCare (“TuxCare”), with respect to this Website (including the website contents), and supersedes all prior agreements between you and TuxCare. 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 TuxCare 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.

CLOUD LINUX, INC.  AND CLOUD LINUX SOFTWARE, INC. (“CLOUDLINUX”) RESERVE THE RIGHT TO CHANGE THESE GUIDELINES AT ANY TIME. YOU SHOULD PERIODICALLY CHECK THESE GUIDELINES TO BE SURE THAT YOU ARE IN COMPLIANCE.

THIS GUIDELINES PROVIDE GENERAL GUIDANCE ON CLOUDLINUX’s POLICIES RELATING TO LOGOS, TRADEMARKS AND PROPER REFERENTIAL USE OF CLOUDLINUX’s LOGOS AND TRADEMARKS.

CloudLinux Trademarks ( in word and logo form) include:

• Imunify360
• ImunifyAV
• ImunifyAV+
• ImunifySecurity
• SecureSite
• ImunifyEmail
• KernelCare
• TuxCare
• CloudLinux OS
• We are CloudLinux
• AccelerateWP
• AlmaCare
• LibCare
• QEMUCare
• DBCare
• KernelCare IoT

and other trademarks, logos and service marks (“Marks”) are the property of CloudLinux. You are permitted to use these Marks only with the written consent of CloudLinux. If you are the official reseller of the CloudLinux product licenses or use products in your multi-tenant hosting environment, you have the right to use these Marks following these guidelines.

CloudLinux not permit or consent to any use of its Marks in any manner that is likely to cause confusion by implying association with or sponsorship by CloudLinux. Do not use any of the Marks as the name of your company, products or services, as a domain name or social media profile. This applies to all jurisdictions, whether foreign or domestic.

Rules for proper usage of Marks

You may not use the Marks, including logos, unless you have an agreement with or express written consent from CloudLinux authorizing such use. If you are an official reseller of CloudLinux products or offer CloudLinux products and services to your customers, you may use the Marks, including logos,in advertising, sales materials, promotions, or on your website.

Only use approved Marks artwork and designs

The CloudLinux Marks should be used as downloaded. Do not alter or distort the appearance of Marks in any way, including by abbreviating them, incorporating them into acronyms, changing their spelling, or using improper capitalization. Do not attempt to reproduce the Marks.  Do not add your own design elements to any Mark. Do not change the color or font of the Marks. Your use of any Mark should look sharp, clean, and legible. Do not use the Marks as a decorative element. Do not use or alter a Mark for purely decorative purposes.

Brand book for TUXCARE logos is available here.

IMUNIFY logos can be viewed in the partner resources section or downloaded here (zip).

Brand book for CLOUDLINUX logos is available here

If you have Marks questions pertaining to an existing agreement or other business dealings with CloudLinux, please contact your CloudLinux business contact or Marketing Department at [email protected]. They will seek advice from the CloudLinux Legal Department as appropriate.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify TuxCare’s DMCA agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit TuxCare to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Company: CloudLinux, Inc.
Address: 2318 Louis Rd #B Palo Alto, CA 94303
Phone: 17189304286
Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying TuxCare that your copyrighted material has been infringed. The preceding requirements are intended to comply with TuxCare’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

At CloudLinux we take the security of our customers seriously and try to resolve any security issues as soon as they are reported.

If you found any security issues with CloudLinux products, services, or systems, we appreciate your prompt disclosure of such issues. Please provide full details about the suspected vulnerability so that the CloudLinux security team may verify and reproduce the issue.

You can use CloudLinux’s Security PGP key to encrypt sensitive information you send via email.

Please submit the report to [email protected].

Policy Scope

We encourage you to discover and report to us any vulnerabilities in the company’s products:

• CloudLinux OS software, including its components, such as kernel, apache, LVE Manager, Cage FS, MySQL Governor, Selectors, Hardened PHP, mod_lsapi, SecureLinks, Slow Site analyzer, PHP X-Ray, Centralized Monitoring, Accelerate WP, etc.
• TuxCare Live Patching software or TuxCare ELS software
• Imunify360 software, including its components, such as Firewall, IDS/IPS, Malware scanning, Proactive Defense, etc.
• Imunify Email software
• KuberLogic software.

We also accept vulnerabilities in company services and systems if there is a proven security impact. Please always carefully check whose assets you are testing when conducting research.

Out of Scope Vulnerabilities

The list of out-of-scope vulnerabilities includes, but is not limited to:

• Clickjacking on pages with no sensitive actions
• Cross-Site Request Forgery (CSRF) on unauthenticated forms or forms with no sensitive actions
• Attacks requiring MITM or physical access to a user’s device
• Previously known vulnerable libraries without a working Proof of Concept
• Comma Separated Values (CSV) injection without demonstrating a vulnerability
• Missing best practice, configuration, or policy suggestions including SSL/TLS configurations that do not contain a fully functional proof-of-concept
• Missing/enabled HTTP header/methods which do not lead directly to a security vulnerability
• Any activity that could lead to the disruption of our service (DoS)
• Content spoofing and text injection issues without showing an attack vector/without being able to modify HTML/CSS
• Rate limiting or bruteforce issues on non-authentication endpoints
• Missing best practices in Content Security Policy
• Missing HttpOnly or Secure flags on insensitive cookies
• Missing email best practices (Invalid, incomplete or missing SPF/DKIM/DMARC records, etc.)
• Software version disclosure / Banner identification issues / Descriptive error messages or headers (e.g. stack traces, application or server errors)
• Tabnabbing
• Open redirect – unless an additional security impact can be demonstrated
• Issues that require unlikely user interaction

Anti-Slavery and Anti-Human Trafficking Statement

Introduction

This Slavery and Human Trafficking Statement is made on behalf of Cloud Linux, Inc. (hereinafter –
“CloudLinux”), and operating under CloudLinux’s trademarks worldwide.

CloudLinux has a zero-tolerance approach to slavery and human trafficking. We are committed to
addressing the contents of the Modern Slavery Act 2015 and to ensuring that there is no modern slavery
or human trafficking in our supply chains or in any part of our business.

Organizational Structure

CloudLinux is a US-registered software engineering company. We deliver our products and services to
fast-growing organizations in the United Kingdom, European Union, United States, and worldwide.

Policies in relation to slavery and human trafficking

Tone at the Top

CloudLinux Code of Ethics promotes and supports our staff to act with respect towards human rights and
is obligatory for acknowledgement and implementation at all times. When in doubt about any breach of
human rights, our employees can speak up according to procedures set up in the Code of Ethics.

Due Diligence of third parties

We are committed to acting ethically and with integrity in all our business relationships and expect the
same from our counterparties.

We have implemented robust due diligence procedures with respect to all third parties, their beneficiaries and top executives we are going to cooperate with.

Speak Up for reporting concerns

We also have a Whistleblowing Procedure in place. The Whistleblowing Procedure supports different channels of anonymous and non-anonymous reporting. CloudLinux may raise their concerns regarding potential wrongdoing or breaches of the law, including modern slavery laws, in confidence and without fear of disciplinary action.

Training and awareness

CloudLinux provides annual Compliance training mandatory for all CloudLinux covering such topics as
compliance with laws and regulations, bribery and corruption, ethical behaviors, data privacy and
protection, and sanctions compliance.

This statement is being reviewed annually and made available on our website.

IGOR SELETSKIY
CEO

For and on behalf of

CLOUD LINUX, INC.
01 June 2023