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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.
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CLOUD LINUX, Inc. is committed to protecting your privacy. This Privacy Policy applies to those who visit cloudlinux.com, imunify360.com, tuxcare.com, cloudlinuxbackup.com, elasticsites.com, and subdomains of those domains (“Site” or collectively “Sites”), as well as users of CloudLinux OS, KernelCare, Imunify360, TuxCare™ products and services, and CloudLinux Backup software and services (“Service” or collectively “Services”) which is owned and operated by CLOUD LINUX INC. (“CLOUDLINUX”, “We”, “Us” or “Our”). This privacy policy describes how CLOUDLINUX collects, uses and shares the personal information you provide to us. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. The use of information collected through our products and services shall be limited to the purpose of providing the products and services for which our customer has contracted with CLOUDLINUX.
CLOUDLINUX reserves the right to revise the Privacy Policy at our sole discretion at any time. Any revisions to the Privacy Policy will be effective immediately upon posting by CLOUDLINUX. For any material changes to the Privacy Policy, CLOUDLINUX 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 Privacy Policy. If at any time the Privacy Policy is no longer acceptable to You, you should immediately cease all use of this website and Services.
We encourage you to periodically review this document for the latest information on our privacy practices.
CLOUDLINUX may collect personally identifiable information from you such as names, addresses, telephone numbers, fax numbers, physical addresses, email addresses, CVs (in the case of candidates), credit card number (in the case of direct customers), audio, and video (in case of video meetings between you and CLOUDLINUX), and, if applicable, company names, addresses, telephone numbers, fax numbers, physical addresses, email addresses, credit card numbers or tax ID numbers as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organization (collectively, “Personal Information”).
CLOUDLINUX may collect non-personally identifiable information from you such as the type of browser you use, your operating system, the screen resolution of your browser, your ISP, your IP address, which pages you view on the Site and the time and duration of your visits to the Site (collectively, “Non-Personal Information”). CLOUDLINUX associates Non-Personal Information with Personal Information if you register with the Site.
If you communicate with us, we may collect information relating to that communication whether it takes the form of email, fax, letter, forum posting, testimonials or any other form of communication between you and CLOUDLINUX or Submitted by you to the Site (collectively, “User Communications”).
If you use one of our software products such as CloudLinux OS, KernelCare, Imunify360, CloudLinux Backup or TuxCare™ products and services, we may collect certain information concerning such software, its use, and concerning the server upon which the software operates. This information includes: (a) the licensed or unlicensed status of the software; (b) the source from which the license for the software was obtained (CloudLinux or CloudLinux reseller or partner); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, “Server Information”), server uptime and server hardware information including CPU, memory, disks, motherboard. Additionally, “Server Information” may also include (x) information collected by CloudLinux from time to time concerning which features of the software are most often used in order to improve and make adjustments to the software; and (y) information collected from you by CloudLinux in the event that you request technical support services including without limitation, IP addresses, usernames and passwords necessary to login to SSH, list of running processes and content of configuration files.
Only if you use Imunify360, Imunify360 collects information about visitors of any site hosted on a server protected by Imunify360. That information includes visitors IP addresses, URI, browser information, screen resolution as well as other location & browser metadata. We might also collect HTTP/HTTPs query parameters, encrypted using one-way encryption (irreversible encryption used for comparison & analysis). If an attack is detected, we will collect HTTP parameters without using one-way encryption. We will still encrypt it for the purpose of transferring it to our servers. For more details please read and sign our Imunify360 Data Processing Agreement in the relevant License Agreement.
Only if you use Imunify Email, Imunify Email collects information about mail senders and recipients of any MTA agent protected by Imunify Email. That information includes sender/recipient mail addresses, IP addresses, message content and SMTP headers. Arbitrary email message content may be used for the purpose of enhancing machine learning input data. The data is never stored outside customer premises, but can be temporarily accessed by CloudLinux antispam engineers. It is never stored or transmitted in non-encrypted form and can be un-encrypted to be loaded in RAM for processing purposes. For more details please read and sign our Imunify360 Data Processing Agreement in the relevant License Agreement.
Only if you use CloudLinux OS Share PRO and/or CloudLinux OS Solo, CloudLinux OS may indirectly collect information about visitors of any site hosted on a server that is using CloudLinux OS Shared PRO or CloudLinux OS Solo. One of the features of both Services (the feature`s name is X-Ray) tracks the time of the SQL request execution. With the purpose to track the time and analyze the SQL request execution, the feature processes in an encrypted manner and stores the SQL requests in a depersonalized format. The SQL requests can consist of Personally Identifiable Information of the visitors of any hosted site. For more details please read and sign our CloudLinux OS Data Processing Agreement in the relevant License Agreement.
If you are using CloudLinux Backup, we back up your data to cloud servers, as specified by your backup settings. Such backups may include a transfer of such data to approved locations in accordance with any Data Processing Agreement you have entered with CloudLinux.
Any of the information we collect from you may be used in one of the following ways:
In the context of customer support, your information helps us to more effectively respond to your customer service requests, including but not limited to the video calls between you and CLOUDLINUX where we gather your video, audio, in-meeting messages, transcriptions, and other context and content elements. This information is gathered for the intended purposes mentioned in Section 2 herein and CLOUDLINUX employees do not access or use your content and context information without your prior authorization or as required for legal, safety, or security reasons.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, other than for the express purpose of delivering the purchased product or service requested.
The email address you provide in the application may be used to send you information and updates pertaining to your usage, in addition to receiving occasional company news, updates, related product or service information, etc.
We use identification and contact details, job performance data, and data on your suitability for the purpose of carrying out the selection process, including screening of candidates. After that, personal data is processed under the legal title of performance of the contract, implementation of pre-contract arrangements, i.e. preparation of an employment contract or agreement. We keep your personal information for the duration of the recruitment process, unless you consent to its further retention in the Candidate Database. Based on your consent, we store your information in the Candidate Database and thus process your identification, contact details, and performance data to contact you with another relevant job offer if any. We can also use your data from the Candidate Database to better understand what kinds of job candidates are interested in the careers we have to offer. With your consent, we process the data for up to 3 years after the end of the recruitment process. You may withdraw your consent at any time by contacting [email protected]. Data processing before revocation of your consent remains valid.
We may contact you with the relevant information about CLOUDLINUX products and services from time to time. Most messages we will send by email. For some messages, we may use Personal Information we collect about you to help us determine the most relevant information to share with you. If you do not want to receive such messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. Or you can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails.
We will share your personal information with third parties only in the ways that are described in this privacy policy. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We may provide your personal information to companies that provide services to help us with our business activities such as offering customer service (Zendesk as a ticketing system, Zoom and Obsproject as the video calls providers), carrying out the recruiting process (Workable for recruiting and hiring) or processing your payment (Chargebee as a payment gateway). These companies are authorized to use your personal information only as necessary to provide these services to us.
We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Our blogs and forums might contain widgets and social media features, such as the Twitter “tweet” or Facebook “like” buttons. These widgets and features may collect your IP address, which page you are visiting on the Sites or Services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.
We may also disclose your personal information as required by law, such as to comply with a subpoena or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event CLOUDLINUX is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.
We may also disclose your personal information to any other third party with your prior consent.
This Privacy Policy will apply even if we transfer Personal Data to third parties to other countries. We have taken appropriate safeguards to require that your Personal Data will remain protected wherever it is transferred. When we share Personal Data of individuals in the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), we make use of the Standard Contractual Clauses (which have been approved by the European Commission) and the UK International Data Transfer Addendum (as defined within our Data Processing Agreements mentioned in the License Agreements) as well as additional safeguards where appropriate (such as commercial industry standard secure encryption methods to protect customer data at rest and in transit, TLS for hosted sites, web application firewall protection, and other appropriate contractual and organizational measures). We are also certified to the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), and UK Extension to the EU-U.S. Data Privacy Framework (UK DPF) Principles to help safeguard the transfer of information we collect from the EEA, Switzerland and UK. Please see our Data Privacy Framework notice below for more information.
Cloud Linux Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), and UK Extension to the EU-U.S. Data Privacy Framework (UK DPF) as set forth by the U.S. Department of Commerce. Cloud Linux Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Cloud Linux Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. Cloud Linux Inc. has certified to the U.S. Department of Commerce that it adheres to the UK Extension to the EU-U.S. Data Privacy Framework Principles (UK DPF Principles) with regard to the processing of personal data received from United Kingdom in reliance on the UK DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, and/or UK DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, CloudLinux is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). The Federal Trade Commission has jurisdiction over CloudLinux’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).
Pursuant to the Data Privacy Frameworks, EU, Swiss, and UK individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Data Privacy Frameworks, should direct their query to [email protected]. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
Cloud Linux’s accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the Data Privacy Frameworks Principles. In particular, Cloud Linux remains responsible and liable under the Data Privacy Frameworks Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Cloud Linux proves that it is not responsible for the event giving rise to the damage.
In compliance with the EU-U.S. DPF, the Swiss-U.S. DPF, and UK DPF, Cloud Linux Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the Swiss-U.S. DPF, and UK DPF to VeraSafe, an alternative dispute resolution provider based in the United States, and the European Union. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit VeraSafe Data Privacy Framework Dispute Resolution Procedure for more information or to file a complaint. The services of VeraSafe are provided at no cost to you. More information about VeraSafe, an alternative dispute resolution provider, is provided in section 10(c) below.
ACCESSING OR USING OUR SITES OR SERVICES, OR OTHERWISE PROVIDING INFORMATION TO US OR OUR CUSTOMERS, CONSTITUTES CONSENTING TO OUR POTENTIAL TRANSFER, PROCESSING AND STORAGE OF SUCH INFORMATION IN THE UNITED STATES.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive information is transmitted via Transport Layer Security (TLS) technology to and then stored into our database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential. Credit card information is transmitted directly to the payment processor and is not stored on our servers. If you have any questions about the security of your personal information, you can contact us at [email protected] or visit our Security and Compliance web section.
How long we keep information we collect about you depends on the type of information and how we collect and store it. For example, audio and video, in-meeting messages are stored 1 year since the last video call between you and CLOUDLINUX conducted for support services. After a reasonable period of time, we will either delete or anonymize your information or, if this is not possible, then we will identify your account in our database as “deleted” or “closed” and isolate it from any further use until deletion is possible.
We retain Personal Data that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements).
When we have no ongoing legitimate business need to process your Personal Data, we securely delete the information or anonymize it or, if this is not possible, securely store your Personal Data and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request, as described in the section “Your Privacy Rights and Choices” below.
A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
Cookies provide a convenience feature to save you time, or tell the Web server that you have returned to a specific page.
Cookies set by the website owner (in this case, CLOUDLINUX) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites. Your cookie consent is renewed every 6 (six) months or in case we add any new third-party cookie.
We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Sites to operate, and we refer to these as “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Sites and Services. For example, CLOUDLINUX keeps track of the Sites and pages you visit within CLOUDLINUX, in order to determine what portion of the Site or Services is the most popular or most used. This data is used to deliver customized content and promotions within the Site and Services to customers whose behavior indicates that they are interested in a particular subject area. Third parties serve cookies through our Sites for advertising, analytics and other purposes. This is described in more detail below.
The specific types of first- and third-party cookies served through our Sites and the purposes they perform. For a list of the cookies used by CLOUDLINUX, see our cookie banner when you visit our Sites for the first time. These cookies include:
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
We partner with a third party to manage our advertising on other sites. Our third-party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here (or if located in the European Union click here). Please note you will continue to receive generic ads.
Just as we have our rights and obligations to process your personal information, you also have certain rights to process your personal data. These rights include:
Please note that to protect personal information, we may verify your identity by a method appropriate to the type of request you are making. You are entitled to exercise the rights described above free from discrimination.
We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken. In some instances, your rights may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights.
If you are a customer, prospect, or otherwise interact with a CLOUDLINUX customer that uses our Services and would like to access, correct, amend or delete your data controlled by the customer, please contact the relevant customer directly. CLOUDLINUX acts as a processor for our customers and will work with our customers to fulfill these requests when applicable.
When you register for an account, we will use your name and email address to send periodic emails to you of both promotional and transactional nature. Out of respect for your privacy, you may choose to stop receiving promotional emails by following the unsubscribe instructions included in these emails or you can contact us at [email protected].
We will also send you service-related email announcements on rare occasions when it is necessary to do so. You do not have an option to opt out of these emails, which are not promotional in nature.
Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. Individuals who interact with a CLOUDLINUX customer can unsubscribe from our customers’ marketing communications by clicking on the “unsubscribe” link located on the bottom of their emails, or by contacting them directly.
This section applies only to California consumers. It describes how we collect, use, and share California consumers’ Personal Information in our role as a business, and the rights applicable to such residents. If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.
For purposes of this section “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”).
We might collect the following statutory categories of Personal Information:
The business and commercial purposes for which we collect this information are described in this Privacy Policy. The categories of third parties to whom we “disclose” this information for a business purpose are described in this Privacy Policy.
You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.
The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
CLOUDLINUX does not sell Personal Information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018).
You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your Personal Information.
Please use the contact details below, if you would like to:
If there are any questions regarding this Privacy Policy, our privacy practices or your dealings with this Site, you may contact our Data Protection Officer using the information below:
Cloud Linux Inc.
2318 Louis Rd, Suite B
Palo Alto, CA 94303, USA
We will never sell your Personal Data to any third party.
The CLOUDLINUX products and/or services are not directed at persons under 16 and we do not knowingly collect Personal Information from children under 16. If you become aware that your child has provided us with Personal Information, without your consent, then please contact us using the details above so that we can take steps to remove such information and terminate any account your child has created with us.
Within the scope of this privacy notice, if a privacy complaint or dispute relating to Personal Data received by CloudLinux in reliance on the Data Privacy Framework (or any of its predecessors) cannot be resolved through CloudLinux internal processes, we have agreed to participate in the VeraSafe Data Privacy Framework Dispute Resolution Procedure. Subject to the terms of the VeraSafe Data Privacy Framework Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Data Privacy Framework Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
If a complaint or dispute cannot be resolved through CloudLinux internal process, we have also agreed to cooperate with the EU and UK data protection authorities and the Swiss Federal Data Protection and Information Commissioner and to participate in the dispute resolution procedures of the panel established by such data protection authorities.
For any dispute arising under the EU-U.S. Data Privacy Framework (DPF) program, the UK Extension to DPF and the Swiss-U.S. Data Privacy Framework program that is not resolved through the steps described in this section, under certain conditions you may invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. See more details https://www.dataprivacyframework.gov/framework-article/Pre-Arbitration-Requirements
Occasionally, at our discretion, we may include links to our merchant partners (third-party products or services) on our Sites. These third party’s websites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these third-party websites.
We display personal testimonials of satisfied customers on our Sites in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]
CloudLinux Sites may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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:
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].
We encourage you to discover and report to us any vulnerabilities in the company’s products:
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.
The list of out-of-scope vulnerabilities includes, but is not limited to:
TuxCare transforms and improves the way our customers do business. At TuxCare, we use our creative minds and talents to invent, develop and deliver technologically advanced, intelligent solutions. How we get there is just as important as what we achieve. We hold ourselves to the highest ethical and legal standards in all our business activities.
Why TuxCare has a Code of Ethics?
TuxCare`s guiding principles in our Code of Ethics:
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
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