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End User License Agreement
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 AND CLOUD LINUX INC., DOING BUSINESS AS TUXCARE (“TUXCARE”) GOVERNING YOUR USE OF ANY PROGRAMS DOWNLOADED, INSTALLED OR USED BY YOU (THE “PROGRAMS”). 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.
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) 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.
Information about your customers (Imunify360)
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.
Information about your customers (Imunify Email)
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 Imunify Email Data Processing Agreement.
Information about your customers (CloudLinux OS Shared PRO / CloudLinux OS Solo)
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 feature 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 de-personalized 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 Shared PRO / CloudLinux OS Solo Data Processing Agreement.
The content of your servers (CloudLinux Backup)
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.
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 implement a variety of Cybersecurity 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 Cybersecurity (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 Cybersecurity of your personal information, you can contact us at [email protected]
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
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 may provide your personal information to companies that provide services to help us with our business activities such as offering customer service, carrying out the recruiting process or processing your payment. 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.
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.
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:
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:
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:
Upon request, CLOUDLINUX will provide you with information about whether we hold any of your personal information. You may access, correct or request deletion of your personal information by logging in to your account or by contacting us at [email protected]. We will respond to your request according to the GDPR timeframe requirements.
We will retain your information as needed to provide you services. Even if you close your account with CLOUDLINUX, we will still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, we will identify your account in our database as “deleted” or “closed”.
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 in 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.
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 below so that we can take steps to remove such information and terminate any account your child has created with us.
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.
Please also visit our Terms and Conditions section establishing your consent to the use, disclaimers, and limitations of liability governing the use of this Site Information Related to Data Collected through our Products and Services
CloudLinux is considered a processor or sub-processor under the direction of our customers who are considered controllers or processors. CloudLinux has entered appropriate Data Processing Agreements with our customers controlling protection of your personal data.
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.
CloudLinux acknowledges that you have the right to access your personal information or ask for its removal. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his/her query to the CloudLinux’s customer (the data controller). If requested to remove data we will respond within a reasonable timeframe.
CloudLinux will retain personal data we process on behalf of our customers for as long as needed to provide Services to our customer. CloudLinux will also retain personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Cloud Linux is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss 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 may 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 Privacy Shield, 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 Cybersecurity or law enforcement requirements.
Cloud Linux’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Cloud Linux remains responsible and liable under the Privacy Shield 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 Privacy Shield Principles, Cloud Linux commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact BILT by email at [email protected].
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.
Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Cloud Linux Inc.’s internal processes, Cloud Linux Inc. has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Cloud Linux Inc.
2318 Louis Rd, Suite B
Palo Alto, CA 94303, USA
Terms and Conditions
Any software (“Software”) which is made available to you to download from this website is the copyrighted work of CloudLinux and/or third parties. Your use of the Software is governed by the terms of the license agreement which 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. CloudLinux has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by CloudLinux of the website, the sponsoring entity, or the products or services.
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. CloudLinux 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 CloudLinux or any customer of CloudLinux, as determined by CloudLinux, 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.
CloudLinux reserves the right to reject any user name in 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 user name or password; to maintain the confidentiality of your user name and password; and to be responsible for all activity that occurs on your account. You agree to immediately notify CloudLinux of any unauthorized use of your account or any other breach of security. CloudLinux 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.
Cancellations of monthly subscriptions can be made directly by Customers in their accounts with CloudLinux or via a written request through the ticketing system to the Billing Department by indicating the reason for the cancellation of service(s). Unless canceled, the licenses remain active and must be paid for regardless they are in use or not.
If the cancellation request is submitted within 48 hours after the beginning of a new billing cycle and the renewal invoice is not paid, CloudLinux will cancel the outstanding invoice upon the Customer’s written request. Cancellation requests submitted after the specified above deadline will be effective at the end of the current billing cycle.
If yearly subscriptions are canceled prior to the last calendar month of the subscription term, CloudLinux will cancel the subscription and issue a partial refund for unused calendar months excluding the current month during which the subscription is canceled.
In the event CloudLinux suspends or terminates Your account, we will provide notice to You, but it is not CloudLinux`s obligation to notify You and CloudLinux will not be liable for failure to do so.
CloudLinux reserves the right to change the monthly or yearly payment amount and any other charges at any time with 60 days written notice to the Customer. CloudLinux is not responsible for any commission fees applied by the customer’s bank and delays for refunds caused by the third party (banking system failure, etc). CloudLinux reserves the right to set up by default the Auto-Collection option for payments in the Customer’s account. The Customer has the right to change/cancel this Auto-Collection option at any time at their discretion via a written request through the ticketing system to the Billing Department.
Customers are responsible for updating the payment information, as well as to complete payments for outstanding invoices in a timely manner. Invoices are due when generated by CloudLinux. If an invoice is past due for more than 30 days, Customers’ accounts will be locked and the specific service(s) associated with the overdue invoice will be suspended unless the outstanding invoice is settled. Such accounts will be unlocked and the specific service(s) will be unsuspended automatically once the outstanding debt is settled. If an invoice is past due for more than 90 days, CloudLinux has the right to cancel the Customer’s account and/or the specific service(s) associated with the overdue invoice by recording the outstanding amount as debt that must be paid off by the Customer in order to continue using CloudLinux service(s) in the future.
During the first 30 days after initial purchase directly from CloudLinux, eligible Customers may request refunds on CloudLinux OS, KernelCare and Imunify360 purchased directly with the CloudLinux Inc.
Upon written request via the CloudLinux Inc. ticketing system to the Billing Department, eligible Customers will receive a full or a partial refund of ordered services within the next 7 business days.
Refunds will be issued using the same payment method the payment has been done. For refunds that are issued through wire transfers, $30 fee will be deducted from the refund amount.
Customers are not eligible for a refund if: 1) the request is made after 30 days from the initial purchase date; or 2) Customer did not purchase the software directly from CloudLinux.
CloudLinux 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 of any part of this website or its content without prior written permission of CloudLinux. 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 CloudLinux’s 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 CloudLinux, Inc. or other third parties. The trademarks of other third parties are 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 which owns the Mark.
By displaying, publishing and making available for download and use by others any content, message, text, files, images, photos, video, audio, works of authorship, or any other materials (“Content”), you give CloudLinux a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content, including the right for CloudLinux to make Content available to other companies, organizations or individuals with whom CloudLinux has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that CloudLinux may transmit or distribute the Content over various public networks and in various media; and make such changes to the Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You represent and warrant to CloudLinux that you have all the rights, power and authority necessary to grant this license. As to any Content submitted by you to this website, you agree to defend, indemnify and hold CloudLinux and its affiliates, officers, directors, owners, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such Content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, even if such Content is reviewed by CloudLinux prior to publishing on the website.
By using this website 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. CloudLinux 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 CloudLinux 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 CloudLinux Products to any individuals identified on OFAC’s list of Specially Designated Nationals (“SDN List”), the UK’s HM Treasury’s Consolidated List of Sanctions Targets, or the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions (collectively “Sanctioned Parties”). You shall not take any action which would place CloudLinux in a position of non-compliance with any such Economic Sanctions Laws. Furthermore, You represent and warrants that (i) you have not in the past been, and will not be in the future, be connected with any Sanctioned Parties, (ii) shall provide such information regarding any individual or entity which you do business within any location covered by Economic Sanction Laws upon request of CloudLinux, and (iii) shall promptly advise CloudLinux of any activities which increases the risk of your’s non-compliance with this Section or CloudLinux’ compliance with Economic Sanctions Laws.
You agree to indemnify and hold CloudLinux harmless from any loss, damages, liability or expenses incurred by CloudLinux as a result of your failure to comply with any export regulations or restrictions or otherwise fails to comply with this Section
THIS WEBSITE, INCLUDING ALL WEBSITE CONTENTS, IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CLOUDLINUX MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, STATUTORY OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, OR UNINTERRUPTED ACCESS; (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE; AND (iii) WARRANTIES THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
You agree that CloudLinux may provide notices and other communications to you solely by means of email, posting on the Website, or other electronic transmission.
Logo and Trademark Usage Guidelines
The Imunify360, KernelCare, CloudLinux OS, TuxCare and CloudLinux trademarks, logos and service marks (“Marks”) are the property of CloudLinux, Inc. 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.
These Logo and Trademark Usage Guidelines set forth the rules for using the Marks or referring to the products owned by CloudLinux, Inc. CloudLinux, Inc. reserves the right to change these guidelines and request changes related to its Marks.
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 logo artwork and designs
The CloudLinux logos (a “Logo” or the “Logos”) should be used as downloaded. Do not alter or distort the appearance of Logos in any way. Do not attempt to reproduce the Logos. Do not add your own design elements to any Logo Do not change the color or font of the Logos. Your use of any Logo should look sharp, clean, and legible. Do not use the Logos as a decorative element. Do not use or alter a Logo for purely decorative purposes.
The “Secured by Imunify360” logo is available here.
Imunify logos can be viewed in the partner resources section or downloaded here (zip).
Do not abbreviate or alter the spelling of Marks
You should not change the appearance of Marks by abbreviating them, incorporating them into acronyms, changing their spelling or using improper capitalization. Provided below are examples of correct and incorrect spelling and capitalization for each trademark:
INCORRECT: CL, Cloudlinux, cloudlinux, cloud linux
INCORRECT: Imunify 360, Imunify, Immunify360, IM, IM360
INCORRECT: Kernel Care, kernelcare, KC
INCORRECT: Tux Care, tuxcare, TC
Permissible uses of Marks
Use Marks to refer to CloudLinux products or services if you officially resell or offer any of the CloudLinux products to your customers. In this case, you generally may use these Marks to refer to CloudLinux’s products in advertising, sales materials, promotions, or on your website.
You must provide a trademark attribution notice in the credit section providing notice that CloudLinux, Inc. is the owner of its Marks.
The correct trademark attribution statement is:
EXAMPLE ONLY: CloudLinux, the CloudLinux Logo, TuxCare, the TuxCare logo, KernelCare, the KernelCare Logo, Imunify360 and the Imunify360 Logo are trademarks or registered trademarks of CloudLinux, Inc.
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
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.
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