Commit bd1f8d87 authored by sidorelauku's avatar sidorelauku
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Updated terms of service

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**Fore-note:**
The managed cloud services offered at {{site.website}} website are offered by Cloud68.co OÜ, the company based in Tallinn, Estonia with Registry code: 16059053.
The managed cloud services offered at cloud68.co website are offered by Cloud68.co OÜ, the company based in Tallinn, Estonia with Registry code: 16059053.
This legal document is based on the Terms of Service Agreement as described [here](https://www.digitalocean.com/legal/terms-of-service-agreement/). Many thanks to [Digital Ocean](https://www.digitalocean.com/) for being so kind and letting us remix their legal document and to our actual partners that have sent us feedback. Also thanks to [Indie Hosters](https://indie.host/en/terms/) for publishing their ToS document in a [CC BY-SA 2.0 FR](https://creativecommons.org/licenses/by-sa/2.0/fr/deed.en) license, which helped us for section 2 - you rock.
In general, we aim to improve this document with the ultimate goal of making it easily understandable, guided by the majestic principle of 'common sense' and fair for everyone involved. Until today, we are quite happy to work with partners that use our services because they trust in our ability to respect them in a reciprocal way and we will work hard to keep this that way. You can see the changes occurred to this text by visiting this [changes history page](https://git.collective68.tech/works/websites/cloud68/commits/master/_pages/legal/terms-of-service.md).
This legal document is based on the Terms of Service Agreement as described [here](https://www.digitalocean.com/legal/terms-of-service-agreement/). Many thanks to [Digital Ocean](https://www.digitalocean.com/) for being so kind and letting us remix their legal document and to our actual partners and Subscribers that have sent us feedback. Also thanks to [Indie Hosters](https://indie.host/en/terms/) for publishing their ToS document in a [CC BY-SA 2.0 FR](https://creativecommons.org/licenses/by-sa/2.0/fr/deed.en) license, which helped us for section 2 - you rock.
In general, we aim to improve this document with the ultimate goal of making it easily understandable, guided by the majestic principles of being fair, transparent and with a 'common sense' for everyone involved. We are quite lucky and happy to work with partners that use our services because they trust in our ability to respect them in a reciprocal way and we will work hard to keep this that way. This document aims to reflect exactly our approach and [principles](https://cloud68.co/about). or transparency sake, you can see the changes occurred to this text by visiting this [changes history page](https://git.collective68.tech/works/websites/cloud68/commits/master/_pages/legal/terms-of-service.md).
**Terms of Service Agreement**<br>
Cloud68.co OÜ, {{site.website}}, affiliates, divisions, contractors and all data sources and suppliers, (collectively "Cloud68.co OÜ", "we", "us" or "our") welcomes you to (the "Website"). These terms and conditions of service, (otherwise known as the "Terms of Service" or "Agreement") govern your use of the Website and the services, instances, features, content or applications operated by Cloud68.co OÜ (together with the Website, the "Services"), and provided to the Subscriber (the "Subscriber", "user", "sub-user", "you" or "your"). In our website [cloud68.co](https://cloud68.co) we use the term INSTANCES a lot - keep in mind that instances is considered part of our "Services".
Cloud68.co OÜ, affiliates, divisions, contractors and all data sources and suppliers, (collectively "Cloud68.co OÜ", "we", "us" or "our") welcomes you to (the "Website"). These terms and conditions of service, (otherwise known as the "Terms of Service" or "Agreement") govern your use of the Website and the services, instances, features, content or applications operated by Cloud68.co OÜ (together with the Website, the "Services"), and provided to the Subscriber (the "Subscriber", "user", "sub-user", "you" or "your"). In our website [cloud68.co](https://cloud68.co) we use the term INSTANCES a lot - keep in mind that instances is considered part of our "Services".
Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) and the Estonian Personal Data Protection Act forms part of these Terms of Service.
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services except the companies that choose our enterprise 'On demand packages' or in cases were there is a different agreement between the entity you represent and our company. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. Agreeing to use the Services by clicking "Submit" constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You acknowledge receipt of our [Privacy Policy](https://cloud68.co/legal/privacy-policy). If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.<br>
These Terms of Service provide that all disputes between you and the service offered at {{site.website}} will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 15 below for the details regarding your agreement to arbitrate any disputes with Cloud68.co OÜ, the company that runs and owns {{site.website}}. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Cloud68.co OÜ reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Cloud68.co OÜ will notify you by posting an announcement on cloud68.co (the Website). Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services offered by Cloud68.co OÜ.
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all Subscribers of the Services except the companies that choose our enterprise 'On demand packages' or in cases were there is a different agreement between the entity you represent and our company. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. Agreeing to use the Services by clicking "Submit" constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You also acknowledge receipt of our [Privacy Policy](https://cloud68.co/legal/privacy-policy). If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy and Terms of Service by accessing the Website. By using our Website or purchasing our products, services and/or Subscriptions, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy and Terms of Service.<br>
These Terms of Service provide that all disputes between you and the service offered at cloud68.co will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 15 below for the details regarding your agreement to arbitrate any disputes with Cloud68.co OÜ, the company that runs and owns cloud68.co. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Cloud68.co OÜ reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Cloud68.co OÜ will reflect these changes on the dedicated page of cloud68.co for the Terms of Service. Cloud68.co OÜ might also post an announcement on cloud68.co (the Website) blog section and/or social media, but is not obliged to do so. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services offered by Cloud68.co OÜ.
Beside the official version of these Terms of Service, we have put a simplified commentary entitled "In other words" to assist you in your comprehension of these Terms. However, it is the "Terms of Service" which govern your access and use of the Services not the commentary set out in "In other words" or included in other similar explanations which are provided for informational purposes only and do NOT include all of the information in the Terms of Service. You should always read the full text of the Terms of Service and not just the "In other words" commentary or other explanations.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.<br>
In other words, welcome to our Terms of Service agreement! This document exists to protect both you and us. By using our services, you agree to our Terms of Service agreement. If you’re like us, you don't always have time to read through the entire document. That’s why we’ve summarized the key points for you, and will update you when any major changes are made. You should also read our other similar documents related to the service we offer at {{site.website}}.
In other words, welcome to our Terms of Service agreement! This document exists to protect both you and us. By using our services, you agree to our Terms of Service agreement. If you’re like us, you don't always have time to read through the entire document. That’s why we’ve summarized the key points for you, and will update our website and try to create a blog post or publish in our social media when any major changes are made. You should also read our other similar documents related to the service we offer at cloud68.co.
## 1. Eligibility & Registration
**1.1** The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.<br>
**1.2** To sign up for the Services, you must register for an account on the Instances page in our Website, choose the instance of your choice and submit all the required data to the respective online form. Once this is done, we will follow up to you in the email address you have mentioned in the online form and will activate your instance after all the required verifications are done by our team. You must provide accurate and complete information and keep your company/individual information updated. After we approve your Instance Account We will send you the log in information for your Instance.
You are solely responsible for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made using our support system. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Cloud68.co OÜ promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. Cloud68.co OÜ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
**1.2** To sign up for the Services, you must register for an account on the Instances page in our Website, choose the instance of your choice and submit all the required data to the respective online form. Once this is done, we will follow up to you in the email address you have mentioned in the online form and will activate your instance after all the required verifications are done by our team. You must provide accurate and complete information and keep your company/individual information updated. After we approve your Instance Account We will send you an invoice with the details you have provided and the log in information for your Instance.
You are solely responsible for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account and Services. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made using our support system. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Cloud68.co OÜ promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. Cloud68.co OÜ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
*In other words, you must be at least 18 years old to use our service. By registering with your information, you are guaranteeing the services offered are solely for your use and not a third party – and that all of the information is accurate. Make sure to keep all of your account information updated!*
*In other words, you must be at least 18 years old to use our service. By registering with your information, you are guaranteeing the services offered are solely for your use and not a third party – and that all of the information is accurate. Make sure to keep all of your account information updated and the Services provided by us secured!
## 2. Content
**2.1** For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, written posts, reviews, and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below) and Listing Information and Vendor Offerings (each of which is defined in the Cloud68.co OÜ Terms and Conditions located in our website.
......@@ -40,10 +40,11 @@ You are solely responsible for keeping your Account password secure. You may nev
**2.8** By submitting any User Content to the Website, including privately transmitted information you keep the copyright and the responsibility for the submitted content.
**2.9** Some Content in our Website will be marked on the Service as "Creative Commons Content". Creative Commons Content will be identified with a Creative Commons icon or Creative Commons text. We hereby grant each user of the Services a license to Creative Commons Content under the Creative Commons CC BY-NC-SA 4.0 US license, available at the the "Creative Commons License. You agree to abide by the terms of the Creative Commons License when using Creative Commons Content.
*In other words, we can’t be held responsible for the content you create or content you access elsewhere while using {{site.website}}. Additionally, feel free to share and adapt content we have that’s marked with the Creative Commons icon and/or text, as long as you let others share it the same way. If you write a tutorial for {{site.website}} instances or services, you agree to this license too. Here’s where you can read as to what a Creative Commons license is all about: [CC-BY-SA 4.0](http://creativecommons.org/licenses/by-nc-sa/4.0/)*
*In other words, we can’t be held responsible for the content you create or content you access elsewhere while using cloud68.co. Additionally, feel free to share and adapt content we have that’s marked with the Creative Commons icon and/or text, as long as you let others share it the same way.
Here’s where you can read as to what a Creative Commons license is all about: [CC-BY-SA 4.0](http://creativecommons.org/licenses/by-nc-sa/4.0/)
## 3. Rules of Conduct
**3.1** As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses your access code or Account(s).
**3.1** As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses your access code or Instance(s) Account(s).
**3.2** You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that
(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, or contains or depicts pornography that is unlawful;
(ii) you know is false, misleading, untruthful or inaccurate;
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(ii) enforce these Terms of Service, including investigation of potential violations hereof;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests, or
(v) protect the rights, property or safety of us, our users and the public.
(v) protect the rights, property or safety of us, our Subscribers and the public.
**3.6** You may not use the Services to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestions or materials sent or transmitted to Cloud68.co OÜ (otherwise known as “Feedback”), shall be deemed to be non-confidential. Subject to the conditions described in Cloud68.co OÜ’s Privacy Policy of cloud68.co Website, Cloud68.co OÜ shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products or adding more content to the FAQs section of the website incorporating such Feedback.
**3.7** The enumeration of violations in this Section 3 of these Terms of Service is not meant to be exclusive, and Cloud68.co OÜ provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms of Service.
###### Lawful Use of the Network
**3.8** In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of Estonia and including without limitation those laws forbidding:
(a) distribution of child pornography,
(b) forgery, identity theft, misdirection or interference with electronic communications,
(c) invasion of privacy,
(d) unlawful sending of commercial electronic messages or other marketing or electronic communications,
(e) collection of excessive user data from children, or other improper data collection activities,
(f) securities violations, wire fraud, money laundering, or terrorist activities and/or fascist related propaganda/activity or
(g) false advertising, propagating or profiting from frauds and unfair schemes.
(a.) distribution of child pornography,
(b.) forgery, identity theft, misdirection or interference with electronic communications,
(c.) invasion of privacy,
(d.) unlawful sending of commercial electronic messages or other marketing or electronic communications,
(e.) collection of excessive user data from children, or other improper data collection activities,
(f.) securities violations, wire fraud, money laundering, or terrorist activities and/or fascist related propaganda/activity or
(g.) false advertising, propagating or profiting from frauds and unfair schemes.
Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to:
(i) disclosure requirements, including those regarding notification of security breaches,
(ii) records maintenance for regulated industries, and
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**3.12** Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in Cloud68.co OÜ's sole and absolute discretion.
###### Violation of Copyright, Trademark, Patent or Trade Secret
**3.13** Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Estonian law on Copyright, the copyright law of the EU and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Cloud68.co OÜ will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Cloud68.co OÜ is violating its intellectual property rights, it should notify us by email at office (at) cloud68 (dot) co. A notification should include information reasonably sufficient to permit Cloud68.co OÜ to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
**3.13** Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Estonian law on Copyright, the copyright law of the EU and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Cloud68.co OÜ will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Cloud68.co OÜ is violating its intellectual property rights, it should notify us by email at office (at) cloud68 (dot) co or by using our contact page. A notification should include information reasonably sufficient to permit Cloud68.co OÜ to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
###### Acts of Sub-Users<br>
**3.14** Subscribers are responsible for the acts of others utilizing their access to the Services, and will be held responsible for violations of the Services by their sub-users or persons who gain access to the Services using the Subscriber's access codes. Any activity that a Subscriber is prohibited from performing by these Terms of Services is equally prohibited to anyone using the access to the Services of the Subscriber.
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*In other words, it’s up to you to be careful when accessing third-party resources on the Internet—they’re outside of our control and we cannot be blamed for any negative outcomes. If you have a problem with them, please let those services know directly!*
## 5. Location of your data - third party Terms of Service compliance
Cloud68.co OÜ uses third party suppliers to offer services to its Subscribers and complies with the Terms of Service of each service provider (otherwise known as suplier). Each supplier host the data in different locations, so please make sure to check their website and legal pages to make sure you know where your data are hosted. In case this sounds complicated you can just contact our team to explain it for you:
###### Servers & Hosting<br>
[Hetzner Online GmbH](https://www.hetzner.com), [DigitalOcean, LLC](https://www.digitalocean.com) and [OVH Hosting](https://www.ovh.com/)
## 5. Location of your data - third party Terms of Service compliance - Server and Packages specs
Cloud68.co OÜ uses third party suppliers to offer services to its Subscribers and complies with the Terms of Service of each service provider (otherwise known as supplier). Each supplier host the data in different locations, so please make sure to check their website and legal pages to make sure you know where your data are hosted. In case this sounds complicated you can just contact our team to explain it for you. Keep in mind that for the majority of the services we provide the primary choice for hosting of the data is [Hetzner Online GmbH](https://www.hetzner.com/rechtliches/impressum) (and the location is Germany), and only in specific scenario~~n~~s where the user requests for a specific set up (we call those 'on-demand packages') we deploy in other countries with other service providers such as [DigitalOcean, LLC](https://www.digitalocean.com/legal/terms-of-service-agreement/) or [OVH Hosting](https://www.ovh.com/world/support/terms-and-conditions/).
**5.1** Server specs
Before signing up for our service (becoming a Subscriber) you need to make sure to review the server specs for each of our Instances published in our Documentation page, which you can find here [docs.cloud68.co](https://docs.cloud68.co/books/public-instances-server-specs). By becoming a Subscriber we consider that you agree that we use these specs for your Instance. In case you need an Instance with different specs you need to contact our team and get a financial offer.
**5.2** Backups
For all our Instances of the Starter and Medium+ packages we offer encrypted backups using our provider [Scaleway](https://www.scaleway.com/en/legal-notice/) located in France.
**5.3** Other third party providers used by us:
We also have established parternships where we are considered a reseller for the following services. Please make sure to check their terms of service before signing up with us:
###### Email hosting<br>
[ProtonMail.com](https://protonmail.com/)
* [ProtonMail.com](https://protonmail.com/)
###### Domain names<br>
[Namecheap, Inc](https://www.namecheap.com)
* [Namecheap, Inc](https://www.namecheap.com)
###### DDOS protection<br>
* [deflect.ca](https://deflect.ca/)
###### SMTP services<br>
[Twilio](https://sendgrid.com/).
* [Twilio](https://sendgrid.com/).
###### Payment processors<br>
* please read section 6 for the details and terms about how our third party payment and financial institutions/companies manage your data.
*In other words, we’re using third party suppliers to offer our services and comply with their ToRs and by extension the location of their servers. Ask our team if you need to know more about this*
*In other words, we’re using third party suppliers to offer our services and comply with their ToS and by extension the location of their servers. Ask our team if you need to know more about this.*
## 6. Payments and Billing - Acceptable Payment Methods - Refunds
**6.1** Cloud68.co OÜ accepts payments through bank transfers (via Wise.com) and debit/credit cards (via Stripe.com). Other forms of payment may be arranged by contacting Cloud68.co OÜ at office (at) cloud68 (dot) co. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.<br>
**6.2** We use third-party payment processors (the "Payment Processors") and bank payments to bill you for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment as long as the error in processing does not come from our side.
###### Billing and Terms
**6.3** The term of this Agreement shall be monthly or yearly, to commence on the date that the Subscriber signs up electronically for the Services by filling in the details at the form available at {{site.website}} website. All invoices are denominated, and Subscriber must pay, in Euros unless there is a custom agreement under the "On demand packages" package. Subscribers are typically billed monthly on or about the first five (5) days of each month, with payment due no later than seven (7) days past the invoice date. Subscribers are entirely responsible for the payment of all taxes. For specific pricing policies, and pricing updates please refer to {{site.website}} website. Monthly or yearly fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by contacting the Cloud68.co OÜ team by email. At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services.
**6.3** The term of this Agreement shall be monthly or yearly, to commence on the date that the Subscriber signs up electronically for the Services by filling in the details at the form available at our website. All invoices are denominated, and Subscriber must pay, in Euros unless there is a custom agreement under the "On demand packages" package. *Subscribers are typically billed monthly on the first five (5) days of each month, with* We expect payments from our Subscribers no later than seven (7) days past the invoice date. Subscribers are entirely responsible for the payment of all taxes. For specific pricing policies, and pricing updates please refer to our website. Monthly or yearly fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by contacting our team by email. At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services. If you have prepaid and still want to cancel your Subscription for any reason, refunding is not possible.
**6.4** Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD YOU NEED TO CONTACT US BY EMAIL.<br>
**6.5** If you are a private individual or business from the EU and do NOT have a valid VAT number, we need to charge VAT according to your physical location. You can check [this webpage](https://www.avalara.com/vatlive/en/vat-rates/european-vat-rates.html) for the VAT rates based on your location or contact our team from the contact page of our website. In the other cases (you are outside EU, or you have a valid VAT number), we do not apply VAT charges.<br>
**6.6** YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, COMPANY NAME, PAYMENT DETAILS), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE CONTACT PAGE OF {{site.website}} IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
**6.6** YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, COMPANY NAME, PAYMENT DETAILS), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT OUR CONTACT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
###### Arrearages <br>
**6.7** Payments not made within seven (7) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, Cloud68.co OÜ may suspend service to such account and in extreme cases bring legal action to collect the full amount due, including any attorneys' fees and costs.
**6.7** Payments not made within seven (7) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, Cloud68.co OÜ may suspend service to such account and in extreme cases bring legal action to collect the full amount due, including any attorneys' fees and costs.
##### Suspension for Nonpayment
**6.8** If a Subscriber is past due on their balance, Cloud68.co OÜ may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Service and instances will be temporarily powered off during the suspension period. Cloud68.co OÜ reserves the right to delete the Subscriber's suspended machines after the final termination notice.
##### Refund policy
**6.9** Cloud68.co OÜ provides a 30-days trial to all the new subscribers interested in testing one of the instances - video conference systems, email, domain name services are not included. This time period is considered to be sufficient for the potential Subscriber to take a decision to proceed with the payment or not. After the trial period has passed and the payment is done by the Subscriber no refunds are provided by the Service Provider.
**6.9** Cloud68.co OÜ provides a 30-days trial to all the new subscribers interested in testing one of the instances - video conference systems, email hosting, DDOS protection with Deflect.cal, domain name services and on-demand services are not included. This time period is considered to be sufficient for the potential Subscriber to take a decision to proceed with the payment or not. After the trial period has passed and the payment is done by the Subscriber no refunds are provided by the Service Provider.
*In other words, after the 30-days trial period no refunds are provided.*
###### Promotional Credit and Codes
**6.10** If you have received promotional Cloud68.co OÜ credit or promotional code, you must redeem it within 3 months of the date it was issued.
**6.10** If you have received promotional Cloud68.co OÜ credit or promotional code, you must redeem it within three (3) months of the date it was issued.
## 7. Warranty Disclaimer
**7.1** You acknowledge that we have no duty to take any action regarding:
......@@ -170,13 +183,8 @@ Cloud68.co OÜ uses third party suppliers to offer services to its Subscribers a
(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA SOFTWARE AND HOSTING PROVIDERS.
Cloud68.co OÜ DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION AND/OR SOFTWARE QUALITY PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER Cloud68.co OÜ NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND Cloud68.co OÜ HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL Cloud68.co OÜ WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.
*In other words, we as a company have rights, just like you the customer.*
###### Beta Services
**7.3**. Cloud68.co OÜ may offer "beta" versions or features of the Services (each, a "Beta Service"). Any production candidate or non-production version of the Services will be considered a Beta Service. Cloud68.co OÜ will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement, unless otherwise provided for in this Section 6.4.
ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Cloud68.co OÜ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE. Notwithstanding anything to the contrary in this Agreement, in no event will Cloud68.co OÜ be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services. Cloud68.co OÜ may use de-identified or aggregated Beta Data collected through a Beta Service for any purpose, including, without limitation, to enhance and improve the Services.
*In other words, we as a company we have rights, just like you the customer.*
*In other words, we may let you try new features and/or instances, but these are provided “as-is” and are subject to special terms.*
## 8. Limitation of Liability
**8.1** IN NO EVENT SHALL WE, NOR OUR EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR HOSTING PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES
......@@ -192,11 +200,11 @@ SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURI
*In other words, please make sure not to share confidential information shared with you from our team.*
## 10. Backup(s)
**10.1** We keep backups of your data hosted in your instance on a frequency described in the each dedicated Instance page and more specifically based on the package you choose when you subscribed to our service. We provide these backups using the infrastructure from one of our server providers including, but not limited to Hetzner Online GmbH, Digital Ocean and OVH.
**10.1** We keep encrypted backups of your data hosted in your instance on our providers described at section 5. on a frequency described in the each dedicated Instance page and more specifically based on the package you choose when you subscribed to our service.
At the most fundamental level, we have 3 tiers of client plans for backups:
* Starter packages have weekly backups;
* Medium+ packages have daily backups;
* On demand packages might have hourly, daily or weekly backups, depending on the subscribers needs and requests. <br>
* packages might have hourly, daily or weekly backups, depending on the subscribers needs and requests. <br>
**10.2** Backups frequency: frequencies for data backups are based on the plan that the user purchases (otherwise known as 'Packages') and always taken at the end of the frequency. For Starter packages (weekly backups), data backups are always taken on 23:00 Sunday (based on the timezone of the Subscriber). For Medium+ packages (daily backups), data backups are taken every day at 23:00 o'clock (based on the timezone of the Subscriber).<br>
**10.3** Backups retention:
Although we work intensively do our best to make sure that there is no data loss from our side, there might be cases where backups might not work as planned due to a variety of factors. We consider these to be rare cases, but in any case we strongly advice that you also take backups of your data regularly for each and every one of your instances. If you don't have the knowledge to do this process you can contact or support team by visiting one of the pages in our website in the 'Get help' sub-menu' in the footer of our website or just schedule a call with our support team.
......@@ -204,7 +212,7 @@ Although we work intensively do our best to make sure that there is no data loss
*In other words, we take the extra mile to make sure that backups work, but legally we also trust that you’ll be responsible and back up your own data, because unfortunately things happen! We are available to help you backing up your data regularly. Just ask us.*
## 11. Publicity
**11.1** Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to Cloud68.co OÜ's Privacy Policy, each Subscriber agrees that Cloud68.co OÜ may include such Subscriber's name and trademarks in a list of Cloud68.co OÜ Subscriber, online or in promotional materials. Each Subscriber also agrees that Cloud68.co OÜ may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section **11.1** by e-mailing a request to office (at) cloud68 (dot) co.<br>
**11.1** Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to Cloud68.co OÜ's Privacy Policy and Terms of Service, each Subscriber agrees that Cloud68.co OÜ may include such Subscriber's name and trademarks in a list of Cloud68.co OÜ Subscriber, online or in promotional materials. Each Subscriber also agrees that Cloud68.co OÜ may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section 11.1 by e-mailing a request to office (at) cloud68 (dot) co.<br>
*In other words, we’re proud to have the quality of customers that we do. If it comes up, we may mention you!*
......@@ -228,13 +236,13 @@ Although we work intensively do our best to make sure that there is no data loss
## 16. Mandatory Arbitration Agreement and Class Action Waiver
**16.1** In the interest of resolving disputes between you and Cloud68.co OÜ in the most expedient and cost effective manner, you and Cloud68.co OÜ agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Cloud68.co OÜ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
**16.2** Despite the provisions of Section **16.1**, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable national or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
**16.2** Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable national or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
**16.3** Any arbitration between you and Cloud68.co OÜ will be settled under the relative law of Estonia.
**16.4** A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Estonian post Mail (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). Cloud68.co OÜ's address for Notice is: Cloud68.co OÜ, Sepapaja 6, 15551 Tallinn, Estonia. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Cloud68.co OÜ may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Cloud68.co OÜ must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Cloud68.co OÜ will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Cloud68.co OÜ in settlement of the dispute prior to the arbitrator's award; or (iii) 1,000€.
**16.5** If you commence arbitration in accordance with these Terms, Cloud68.co OÜ will reimburse you for your payment of the filing fee, unless your claim is for more than 5,000€. Any arbitration hearing will take place at a location to be agreed upon in Tallinn, Estonia, but if the claim is for 5,000€ or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a non-appearance based telephone or internet call hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse Cloud68.co OÜ for all monies previously disbursed by it that are otherwise your obligation to pay under Estonian law. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.<br>
**16.6** YOU AND Cloud68.co OÜ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cloud68.co OÜ agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
**16.7** If Cloud68.co OÜ makes any future change to this arbitration provision, other than a change to Cloud68.co OÜ's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Cloud68.co OÜ's address for Notice, in which case your account with Cloud68.co OÜ will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
**16.8** If Section **16.6** is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
**16.8** If Section 16.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
*In other words, if we can’t work it out, let’s avoid spending a lot of money in court and agree to pay an arbitrator for a fraction of the cost instead.*
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