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Referred hereinafter as CloudLinux, 'our', 'we' and 'us'; is a content delivery network service provider. Anyone using our services are subject to the terms and conditions described in this document as well as the Acceptable Use Policy described in this document. We reserve the right to make alterations to this document whenever desired. It is the user's sole responsibility to check for updates on a regular basis.<br> <br> <h3>Privacy & Data Policy</h3> CloudLinux is committed to complete transparency in how we handle your data. We have prepared a complete and detailed, but easy to understand privacy and data policy. By using our service, you agree that you have read and accept the terms outlined in the policy. “Our service” includes all services provided by us, or our licensors, to you, or your end user.<br> <h3>Pricing</h3> All payments are paid in advance and non-refundable. All prices stated by us are subject to change and may be changed from time to time at our sole discretion.<br> <h3>Account Termination</h3> You agree that we may, under certain circumstances, and without prior notice terminate your account and restrict access to our service. Causes for this include, but are not limited to: violations of the Terms of Service and Acceptable Use Policy, requests by law enforcement or other government agencies and/or having provided false information as part of your account, or as desired by our licensors. All terminations will be made in CloudLinux’s sole discretion and we will not be liable for any disruption or damage to you or your service that such a termination might cause. Once your account has been terminated we reserve the right to delete all the data associated with it without the option to restore it.<br> <h3>Content Hosting</h3> In order for us to distribute your content on our network, it is necessary for our servers to make and store copies of your files. By using our service you acknowledge that these copies are being made and give us permission to maintain them and distribute them to users on the internet. This does not give us any ownership of your content, you still retain all ownership and any intellectual property rights.<br> <h3>Service Level Agreement</h3> CloudLinux will use reasonable efforts to keep your service running 24 hours a day, 7 days a week as long as you abide by our Terms Of Service. We are aiming for at least a 99.995% monthly uptime for our content delivery service, however sometimes, for a number of reasons, it may be unavailable to you. You recognize and acknowledge that occasional unavailability of the services will occur. We make no warranty or assurance that the service will be running uninterrupted. We do not guarantee to provide support outside of normal business hours unless specifically stated by us.<br> <h3>Liability of Those Starting Services</h3> To the extent that a hosting company or other entity/person (“Third-Party”) starts the service on behalf of an end user, such Third-Party (including, at all times, the entity that such Third-Party which an individual starting the service is engaged by) (a) agrees to be liable for the use of the service by all end users, and (b) shall require the end user to review and agree to the terms of this Terms of Service. We, and our licensors, shall be third-party beneficiaries of such agreement between the Third-Party and its end users with respect to such end user agreeing to these Terms of Service.<br> <h3>Limitation of liability</h3> To the extent allowed by applicable law, in no event, shall CloudLinux, its licensors, and their affiliates, directors, officers, members, shareholders, contractors or employees (collectively, “Affiliates”) be liable for any damages whatsoever, including, without limitation, any loss of profits, loss of business, loss of use or data, interruption of business, or for direct, indirect, special, incidental or consequential damages of any kind.<br> <br> <strong>To the extent allowed by applicable law, in no event shall CloudLinux, its licensors, or their respective Affiliates be liable for the following:</strong><br> <ul> <li>Errors, mistakes, or inaccuracies of content</li> <li>Any unauthorized access to our secure servers and/or any personal information stored therein</li> <li>Any interruption of the service</li> <li>Failure of the products to perform</li> </ul> <h3>DMCA</h3> We respect artist and content owner rights and are not a platform for distributing copyrighted content. You must do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to terminate the accounts of customers found to be repeatedly violating of copyright without the right to a refund.<br> <br> <strong>For your complaint to be valid under the DMCA, you must provide the following information in writing:</strong><br> <ul> <li>An electronic or physical signature of a person authorized to act on behalf of the copyright owner</li> <li>Identification of the copyrighted work that you claim has been infringed</li> <li>Identification of the material that is claimed to be infringing and where it is located on the Service</li> <li>Information reasonably sufficient to permit CloudLinux to contact you, such as your address, telephone number, and, email address</li> <li>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</li> <li>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</li> </ul> <strong>The above information must be submitted to the following DMCA Agent:</strong><br> Attn: DMCA Notice<br> CloudLinux Inc.<br> Address: 2318 Louis Rd, Suite B Palo Alto, CA 94303-3635 USA<br> Email: DMCA@CloudLinux.com
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