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. Many thanks to Digital Ocean 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 for publishing their ToS document in a CC BY-SA 2.0 FR 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. or transparency sake, you can see the changes occurred to this text by visiting this changes history page.
Terms of Service Agreement
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 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.
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.
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.
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 and the Services provided by us secured!
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.
2.2 All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
2.3 You and everyone using your services may not send, upload, publish, distribute or share any content of an illegal, defamatory, harassing, abusive, fraudulent, counterfeit, obscene or otherwise reprehensible nature.
2.4 We will not use the user’s content for any other purpose than to provide the service.
2.5 You may not upload or make available any content that undermines the rights of another user.
2.6 We claim no rights to any of the user’s data nor data transmitted from the user’s account.
2.7 We can, if necessary, delete or prevent the sharing of all content on the service that does not respect these conditions.
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 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
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 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;
(iii) constitutes unauthorized or unsolicited advertising;
(iv) impersonates any person or entity, including any of our employees or representatives;
(v) includes anyone’s identification documents or sensitive financial information. Cloud68.co OÜ may or may not permit, in its sole discretion, adult websites that abide by state, country and local law and regulation.
3.3 You shall not:
(i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(iv) run any form of “spam” on the Services;
(v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
(vi) harvest or scrape any Content from the Services;
(vii) use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage;
(viii) otherwise take any action in violation of our guidelines and policies.
3.4 You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code that is not licensed in a permissive open source license or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
(ii) modify, translate, or otherwise create derivative works of any part of the Services without permission, or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
3.5 We also reserve the right to access, read, preserve, and disclose any information (whenever possible) only if we reasonably believe it is necessary to:
(i) satisfy any applicable law, regulation, legal process or governmental request;
(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 Subscribers and the public.
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.
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
(iii) financial institution safeguards.
The Services are subject to the trade and economic sanctions maintained by the laws of Estonia. By accessing the Services, you agree to comply with these laws and regulations. Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from Cloud68.co OÜ in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.
Agreed Use of Allotted Network Resources
3.9 Subscribers shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with Cloud68.co OÜ. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.
3.10 Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which Cloud68.co OÜ reserves the sole right to determine to be malicious in intent.
3.11 Subscribers shall not send bulk email utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the such legislation. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Cloud68.co OÜ or other Subscribers, being placed on the Spamhaus.org blacklist or any of the major spam protection lists. Cloud68.co OÜ reserves the sole and absolute right to determine whether an email violation has occurred.
Invasion of Privacy, Defamation, or Harassment
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 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
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.
Access Code Protection
3.15 Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding these Terms of Service
3.16 Subscribers shall notify all persons who receive access to the Services of the provisions of these Terms of Service, and shall inform them that the terms of these Terms of Service are binding upon them.
3.17 Subscribers shall notify Cloud68.co OÜ if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Cloud68.co OÜ to cure the security breach.
In other words, be mindful about how you use our services. If you are breaking laws, being obscene, or abusing our infrastructure, we have the right to stop you from doing these things. You must also notify Cloud68.co OÜ before registering multiple accounts with the same billing address to prevent being flagged for abuse. You’re also responsible for the acts of others utilizing your access to our services, as we have no way of distinguishing your actions from the actions of your sub-users. Be careful who you give your information to—it’s to protect both us and you!
4. Third Party Services
4.1 The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
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 - Server and Packages specs - accessing data for monitoring of the service
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 (and the location is Germany), and only in specific cases 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 or OVH Hosting.
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. 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 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 and providers that help us deliver our service to you. Please make sure to check their terms of service before signing up with us:
5.4 Some of the instances we offer gather telemetry data (example: https://docs.mattermost.com/manage/telemetry.html) from their users. Sometimes this option can be deactivated. Contact our team to learn more about each instance and how they manage telemetry data.
5.5 To guarantee the quality of our service and to fix issues reported by you, or have been identified by our support team, we have monitoring systems in place, which also have access to your data, unless You have encrypted them.
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. Sometimes we have access to your data to fix issues identified by you or our tech team. 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.
6.2 We use third-party payment processors (the “Payment Processors”) and banks 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 and banks in addition to this Agreement. We are not responsible for error by the Payment Processors. You agree to pay us, through the Payment Processors or direct bank transfer, all sums for Services you request or use at applicable prices in accordance with our pricing and billing policies and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in your invoice.
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 forms 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.
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 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.
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.
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.
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 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:
- which Subscribers gain access to the Services offered by us;
- what Content you access via the Services offered by us;
- what features are developed and/or aren’t developed by the software hosted by Cloud68.co OÜ and used by the Subscriber.
7.2 WE, AND OUR AGENTS, SUPPLIERS, PARTNERS AND INFRASTRUCTURE PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(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 we have rights, just like you the customer.
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
(I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
(III) FOR ANY DISSATISFACTION WITH THE SERVICE. YOUR SOLE AND EXCLUSIVE RIGHT IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
IN ADDITION, YOU AGREE THAT Cloud68.co OÜ IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT Cloud68.co OÜ WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL Cloud68.co OÜ, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Cloud68.co OÜ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.1 Subscriber shall keep confidential any confidential information to which it is given access, and shall cooperate with Cloud68.co OÜ’s efforts to maintain the confidentiality thereof. Subscriber shall not publish to third parties or distribute information or documentation that Cloud68.co OÜ provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
In other words, please make sure not to share confidential information shared with you from our team.
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;
- packages might have hourly, daily or weekly backups, depending on the subscribers needs and requests.
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).
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.
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.
In other words, we’re proud to have the quality of customers that we do. If it comes up, we may mention you!
12.1 YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
In other words, if, for example, you’re angry with someone for something they write on a website or/and instance that’s hosted on our Website (cloud68.co), we can’t be held responsible for what they say or do.
13. Termination and Access
13.1 We reserve the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account and or software Instances. We may provide prior notice of the intent to terminate Services to you if such notice will not, in Cloud68.co OÜ’s discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Cloud68.co OÜ before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as our costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In other words, if you violate these Terms of Service, then we have the right to put a hold on your account. These actions are reserved for the most drastic offenses; you will more likely receive a warning and will be able to continue using our services as long as the undesirable behavior ceases. You, however, are free to terminate your account without reason at any time.
14. Choice of Law, Venue, Consent to Email Service and Waiver of Hague Convention Service Formalities
14.1 Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of Estonia, without regard to principles of conflict of laws. Subject to Section 15 below, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the Estonian courts. Subscriber consents to service of process via email at the email address(es) provided by Subscriber, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than Estonian.
15. Dispute Resolution
15.1 Mindful of the high cost of litigation, you and Cloud68.co OÜ agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Cloud68.co OÜ (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) if to Cloud68.co OÜ at: Lõõtsa tn 5, 11415 Tallinn, Estonia. or (2) if to you at: your last-used billing address or the billing and/or shipping address in your Account information. Both you and Cloud68.co OÜ agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
In other words, we truly hope that we never have to enter into litigation with our subscribers and we imagine that most people feel the same way. If it gets to that point, we’ll agree to discuss it and figure out a solution, first.
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.
16.3 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, Lõõtsa tn 5, 11415 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.
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.
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.
17. Miscellaneous Provisions
17.1 Neither you nor Cloud68.co OÜ shall be liable for nonperformance of the terms herein to the extent that either you or Cloud68.co OÜ are prevented from performing as a result of any act or event which occurs and is beyond your or Cloud68.co OÜ’s reasonable control, including, without limitation, acts of war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, pandemic, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.
17.2 You are granted a limited, non-exclusive right to create a hypertext link to the Website found at cloud68.co; provided such link does not portray Cloud68.co OÜ and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Cloud68.co OÜ trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without Cloud68.co OÜ’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Cloud68.co OÜ or any third party.
17.3 The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Cloud68.co OÜ, but not limited to, the mark “ Cloud68.co OÜ”. Cloud68.co OÜ and the Cloud68.co OÜ product names (such as cloud68.co) referenced in the Website are either trademarks, service marks or registered trademarks of Cloud68.co OÜ. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by Cloud68.co OÜ. No use of any Cloud68.co OÜ trademark may be made by any third party without express written consent of Cloud68.co OÜ. Other products and company names mentioned in the Website may be the trademarks of their respective owners.
17.4 Elements of Cloud68.co OÜ’s Website are protected by trade dress, trademark, unfair competition, and other local and international laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted without Cloud68.co OÜ’s express written permission unless these materials are licensed in a permissive Creative Commons license or are noted by Cloud68.co OÜ as public domain. The images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website are the property of Cloud68.co OÜ or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Website, Cloud68.co OÜ owns copyright or patent rights in the selection, coordination, arrangement and enhancement of any images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website. You may copy such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Cloud68.co OÜ.
17.5 This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to “laws,” “rules,” or “regulations” references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to office (at) cloud68 (dot) com.
In other words, neither you nor us can be held responsible for non-performance of these terms given circumstances outside of reasonable control (e.g. extreme weather, natural disasters, telecommunications outages, Internet disturbances, a zombie apocalypse… you get the idea).