Legal Agreements
For TuxCare

Click here to view LICENSE-1.1.TXT

READ THIS LICENSE AGREEMENT BEFORE INSTALLING THESE PROGRAMS. THIS LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND 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.

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

CLOUD LINUX Inc. is committed to protecting your privacy. This privacy policy applies to those who visit cloudlinux.com, kernelcare.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.

What information do we collect?

Personal Information.

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”).

Non-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.

User Communications.

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”).

Server Information.

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.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To improve customer service

In the context of customer support, your information helps us to more effectively respond to your customer service requests.

• To process transactions

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.

• To send periodic emails

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.

• To carry out the hiring process

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.

• To distribute marketing and advertising materials

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.

• The data collected by Imunify360 about visitors is used to provide better Cybersecurity for Imunify360
• The data collected by Imunify Email about sender/recipients is used to enhance anti-spam filtering efficacy for Imunify Email
• The data backed up by CloudLinux Backup is used to analyze, improve, and provide our backup services

How do we protect your information?

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 or other tracking technologies?

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.

CLOUDLINUX uses cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

Log files.

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.

Behavioral Targeting.

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.

Do we share any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personal information. 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.

• Service Providers

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.

• With your consent

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.

• Third-Party Widgets

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.

• Legal Disclaimer

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.

User Rights

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:

• Right of access: In accordance with Art. 15 GDPR, you may have the right to obtain confirmation from us as to whether or not your personal data is processed by us, and, where that is the case, to request access to your personal data. The information about personal data processing includes the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom your personal data have been or may be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access. Also, you may have the right to obtain a copy of your personal data undergoing processing. For additional copies requested, we may charge a reasonable fee based on administrative costs.
• Right to rectification: In accordance with Art. 16 GDPR, you may have the right to obtain from us the rectification of inaccurate personal data. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
• Right to erasure (right to be forgotten): In accordance with Art. 17 GDPR, you have the right to request that we delete your personal data. Please keep in mind that we may keep your personal data if it is still necessary for:

1. fulfilling our legal obligation;
2. archival, historical, or scientific research or statistical purposes; or
3. determination, exercise, or defense of our legal claims.

• Right to restriction of processing: In accordance with Art. 18 GDPR, you have the right to request that we restrict the processing of your personal data. In this case, the respective personal data will be marked accordingly and may only be processed by us for certain purposes.
• Right to personal data portability: In accordance with Art. 20 GDPR, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format and/or to request the transfer of this personal data to another entity.
• Right to object: If you have given your consent to the processing of your data in accordance with Art. 7 III GDPR, you may revoke your consent at any time in the future. The declaration of revocation must be addressed to us and must be presented in writing or delivered by email or fax.

California Privacy Rights

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”).

• How We Collect, Use, and Share your Personal Information

We might collect the following statutory categories of Personal Information:

• Identifiers, such as names, addresses, telephone numbers, fax numbers, physical addresses, email addresses. We collect this information directly from you or from third party sources.
• Internet or network information, such as browsing and search history. We collect this information directly from your device.
• Geolocation data, such as IP address. We collect this information from your device.
• Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Service.

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.

• Your California Rights

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).

• How to Exercise your California Rights

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:

• Access this policy in an alternative format;
• Exercise your rights;
• Learn more about your rights or our privacy practices; or
• Designate an authorized agent to make a request on your behalf.

User Access and Choice

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.

• Data Retention

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”.

• Opt-out Preferences

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.

Our Policy towards Children

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.

Third party links

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.

• Testimonials

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]

• Social Media Widgets

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.

Consent to Our Terms and Conditions

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

• Information Related to Data Processor or Collected for our Customers:

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.

• Transfer of Personal Data to Third Parties:

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.

• Access and Retention of Data Controlled by our Customers:

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.

Your Consent

By using our site, you consent to this Privacy Policy.

Changes to our Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

INTERNATIONAL DATA TRANSFERS:

Cloud Linux Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom and Switzerland to the United States, respectively. Cloud Linux Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

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.

Dispute Resolution

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

Contacting Us

If there are any questions regarding this Privacy Policy, the practices of this Site or your dealings with this Site, you may contact us using the information below:

Cloud Linux Inc.

2318 Louis Rd, Suite B

Palo Alto, CA 94303, USA

[email protected]

Please read these Terms of Use carefully before using this website, our products and/or services (“Services”). 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.

Cloud Linux, Inc. (“CloudLinux”), on behalf of TuxCare, may modify all or any part of these Terms of Use from time to time without notice to you. You should check these Terms of Use frequently to ensure that you are aware of your current rights and obligations. Your continued use of this website and Services after changes to the Terms of Use have been published constitutes your binding acceptance of the updated 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.

Use of Software

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.

Linking

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.

Restrictions on Use

You agree to comply with all applicable local, state, national and international laws and regulations which may apply to your use of this website and Services. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. 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.

User Name and Password

If you are a CloudLinux Network subscriber, you must select a user name and password and you agree to provide CloudLinux 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.

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.

Cancellation and Termination Policy

Cancellation

Monthly Subscriptions
Cancellations of monthly subscriptions can be made directly by Customers in their accounts with CloudLinux or via a written request through the ticketing system to the Billing Department by indicating the reason for the cancellation of service(s). Unless canceled, the licenses remain active 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.

Yearly Subscriptions
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.

Termination

CloudLinux is eligible to suspend or terminate Your account at any time, for any reason, including but not limited, for a violation of these Terms of Use and/or License Agreements, non-fulfillment of Your obligations under Terms of Use, at CloudLinux`s sole discretion, without incurring any liability by CloudLinux to You.

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.

Pricing and Payment Terms

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).

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.

Refund Policy

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.
If you request a refund for a subscription and it is approved, all licenses in the subscription will be terminated. Violations of CloudLinux Terms of Use will waive any refund associated with the provided services.

Copyrights

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.

Trademarks

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.

Monitoring

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

Content Posted on Website By You

By displaying, publishing and making available for download and use by others any content, message, text, files, images, photos, video, audio, works of authorship, or any other materials (“Content”), you give CloudLinux a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content, including the right for CloudLinux to make Content available to other companies, organizations or individuals with whom CloudLinux has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that CloudLinux may transmit or distribute the Content over various public networks and in various media; and make such changes to the Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You represent and warrant to CloudLinux that you have all the rights, power and authority necessary to grant this license. As to any Content submitted by you to this website, you agree to defend, indemnify and hold CloudLinux and its affiliates, officers, directors, owners, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such Content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, even if such Content is reviewed by CloudLinux prior to publishing on the website.

Export Control

By using this website 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

Disclaimer; Limitation of Liability

THIS WEBSITE, INCLUDING ALL WEBSITE CONTENTS, IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CLOUDLINUX MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, STATUTORY OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, OR UNINTERRUPTED ACCESS; (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE; AND (iii) WARRANTIES THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE (INCLUDING ANY OF THE WEBSITE CONTENTS), YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST CLOUDLINUX WITH RESPECT TO THESE TERMS OF USE OR THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. IN NO EVENT SHALL CLOUDLINUX BE LIABLE TO YOU, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF CLOUDLINUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY IS DEEMED UNENFORCEABLE.
THE CUMULATIVE LIABILITY OF CLOUDLINUX TO YOU FOR ALL CLAIMS RELATED TO THIS WEBSITE, AND THESE TERMS OF USE, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, STRICT LIABILITY, TORT, NEGLIGENCE OR OTHER CAUSE OF ACTION SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY YOU TO CLOUDLINUX FOR USE OF THIS WEBSITE DURING THE IMMEDIATELY PRECEDING 6 MONTH PERIOD.

Privacy

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

Miscellaneous

All claims relating to these Terms of Use are governed by the Federal laws and the laws of the State of Delaware, U.S.A. without regard to choice of law provisions. You and CloudLinux agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
The headings of sections of these Terms of Use are for convenience of reference only and shall not affect the meaning or interpretation of these Terms of Use.
You agree that CloudLinux may provide notices and other communications to you solely by means of email, posting on the Website, or other electronic transmission.
These Terms of Use constitutes the entire agreement between you and CloudLinux with respect to this Website (including the website contents), and supersedes all prior agreements between you and CloudLinux. If these Terms of Use conflict with any other terms contained within this Website, then the terms of these Terms of Use shall control. Failure by CloudLinux to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intent of the parties, and the remainder of the provisions shall remain in full force and effect.

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.

• You may use the product logos if you resell or offer CloudLinux products to your customers.
• You may use the “Secured by Imunify360” logo if you use Imunify360 in your multi-tenant (shared) hosting environment and do not resell Imunify360 licenses.

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:

Correct: CloudLinux
INCORRECT: CL, Cloudlinux, cloudlinux, cloud linux

Correct: Imunify360
INCORRECT: Imunify 360, Imunify, Immunify360, IM, IM360

Correct: KernelCare
INCORRECT: Kernel Care, kernelcare, KC

Correct: TuxCare
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.

Additional related information can be found on CloudLinux’s terms of use page located at https://www.cloudlinux.com/terms-of-use.

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

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

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

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

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