The managed cloud services offered at cloud68.co website are offered by Cloud68.co OÜ, incorporated and registered in Estonia with company number 16059053 whose registered office is at Sepapaja tn 6,15551, Tallinn, Estonia. For transparency sake, you can see the changes occurred to this text by visiting this changes history page.
1. The parties
1.1. “Cloud68.co OÜ”, “we”, “us” or “our” means Cloud68.co OÜ, the company based in Tallinn, Estonia with Registry code: 16059053.
1.2. “Subscriber”, “user”, “sub-user”, “you” or “your” means the person who has ordered Services from us or, if you ordered on behalf of a company or other entity for which you are authorised to do so, that company or other entity.
2. Definitions and interpretation
2.1. “Confidential Information” means, in respect of either you or us, information in any form (whether written, electronic, graphic, oral or otherwise) that falls within any of the following categories:
2.1.1. it has been provided by one party to the other party or that in connection with these Terms and which was marked confidential (or a similar designation) or was stated to be confidential at the time of disclosure;
2.1.2. it concerns the customers, finances, sales, marketing,products, suppliers, employees, business operations, forecasts or management of, or it would ordinarily be deemed by a reasonable person to be confidential or proprietary to: (i) in the case of the your Confidential Information: you; or (ii) in the case of our Confidential Information: us;
2.2. “Fees” means the charges you must pay for our Services, as set out on our website, as updated from time to time.
2.3. “Services” means the services which we provide to you under these Terms. These compromise configuration of, and access to, one of more “instances” described on our website, and any other services which we agree to provide to you.
2.4. “Terms” means this document, and all other operating rules, policies and procedures that may be published from time to time on our website, each of which is incorporated by reference and each of which may be modified from time to time. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) and the Estonian Personal Data Protection Act forms part of these Terms. To receive a copy of our Data Processing Agreement, please email office(at)cloud68(dot).co
2.5. “Our website” means cloud68.co, and its subdomains.
2.6. The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
2.7. All references to “laws,” “rules,” or “regulations” references any and all applicable laws, rules and regulations, whether domestic or foreign.
3. Our agreement with you
3.1. 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, and we decline to contract with you.
3.2. If you are using the Services on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that organisation to these Terms and you agree to be bound by these Terms on behalf of that organisation.
3.3. If you order or use Services from us, your order, and your use of our Services, is subject to these Terms, unless:
3.3.1. we have agreed different Terms with you in writing.
3.4. These Terms apply to the exclusion of any terms you supply us, or which accompany or are referenced in or linked from any purchase order or communication you send us. They supersede all previous negotiations, understandings and representations. If you do not agree to this, you do not have authority to access our Services or systems.
3.5. We may amend the Terms from time to time. We will notify our Subscribers at least 30 days ahead from the effective date of the changes. Amendments and modifications shall take effect immediately when posted on our 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. For this reason, we encourage you to review the Terms whenever you use the Services. If you do not agree to any change to these Terms, then you must immediately stop using the Services.
3.6. These Terms, and any controversies, actions, disputes or claims arising out of or in connection with the Services or these Terms or their subject matter or formation (including non-contractual disputes or claims), are governed by Estonian law, without regard to principles of conflict of laws.
4. How to place an order
4.1. To sign up for the Services, you must choose the instance and package of your choice on our website, fill in the form with your billing and contact details on that Instances page, and submit all the required data to the respective online form. We will follow up with you in the email address you have mentioned in the online form and will activate your Services after all the required verifications are done by our team.
4.2. You must provide accurate and complete information and keep your company/individual information updated.
4.3. After we approve your order for Services, we will activate your service and provide you with the log in information. This will mark the start of your 15 days trial period.
4.4. Our approval is not guaranteed. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
4.5. We do our best to keep the information on our website accurate and up to date, but we may have made one or more mistakes. We are not bound by our mistakes.
These terms take effect when we receive and have confirmed the accuracy of the contact and billing details of your order. These terms will last for the time interval of your subscription (monthly or yearly). At the end of the subscription, You can renew or terminate the service.
6. Service access and operation
6.1. You use the Services at your own risk. The Services entail the provision or hosting of software developed by third parties, and may enable you to access information provided by third parties. We are not responsible for the functionality of the Services, or for what you do with them or see or access using them.
6.2. We will use our reasonable efforts to maintain and operate the Services, but we make no promises that they will always be:
6.2.1. available or functioning at any particular time or any particular location;
6.2.2. free from viruses or other harmful components; or
6.3. We have no duty to take any action regarding:
6.3.1. actions of the users that You grant access to the Services offered by us;
6.3.2. what content you or your users access or see via the Services;
6.3.3. problems arising from your use of the Services;
6.3.4. choices by others, which affect or impact your enjoyment of the Services (including choices by others to prevent or restrict interactions with the Services); For example, defederation or IP blacklisting; and
6.3.5. the features or functionality of the Services, including the correction of any bugs, defects, or errors.
6.4. Some of the instances we offer gather telemetry data (example: https://docs.mattermost.com/manage/telemetry.html). Sometimes this option can be deactivated, but there may be cases when this is not possible.
6.5. We may restrict or suspend all or part of the Services if, in our reasonable opinion, you fail to comply with your obligations under these Terms, or if we consider it is necessary to do so:
6.5.1. to stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or Services (including any equipment, or Services provided to another customer);
6.5.2. to deal with behavior which, in our reasonable opinion, amounts to misuse of the Services; or
6.5.3. to comply with a legal obligation.
6.6. The Services are offered only for your use, and not for the use or benefit of any third party.
6.7. Your right to access the Services is automatically revoked if these Terms 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.
6.8. 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).
7. Technical support and fixing faults
7.1. For as long as you are a Subscriber, and provided that you are up to date with all payments to us, we will provide you with reasonable technical support, during our normal working hours (typically, [09:00 - 17:00] [Berlin time], weekdays except public holidays and days off).
8. Service location
8.1. Cloud68.co OÜ uses third party suppliers to offer services to its Subscribers and complies with the Terms of each service provider (otherwise known as supplier). 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.
8.2. 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 pages, which you can find here https://docs.cloud68.co/books/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.
8.3. Backups. For all our Instances of the Starter and Medium+ packages we offer encrypted backups using our provider Scaleway SAS located in France.
8.4. Other third party providers used by us: We also have established partnerships where we are considered a reseller for the following services and providers that help us deliver our service to you. You agree that: that third party, and not us, is responsible for the provision of those services. We may assist you with the configuration and use of those third party services, but you are responsible for verifying that the third party and its services meet your needs; Please make sure to check their Terms of service before signing up with us:
- Namecheap, Inc
Note: When we register a domain on your behalf, we act as your agent, so you are asking us to register the domain in your own name.
9.1. We’re always happy to get your feedback on what we can do to improve, or suggestions for new features or software, and we want to make sure we can (if we choose) implement your feedback. To that end, you agree that, if you give us feedback or suggestions, you will transfer all rights, including any intellectual property rights, in your feedback or suggestions to us, and do all things necessary to give effect to that. You always have the freedom to decide if you want to share your feedback with us, and we will however, if the feedback includes any intellectual property rights, use the feedback we get from you only on the basis of your writen consent.
10.1. We keep encrypted backups of your data hosted in your instance on our providers described at section 8, on a frequency described in the each dedicated Instance page and more specifically based on the package you chose when you subscribed to our service as described on our website.
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 03:00 AM Sunday (Berlin time unless agreed differently with You). For Medium+ packages (daily backups), data backups are taken every day at 03:00 AM o’clock (Berlin time unless agreed differently with You). Please note that backups are part of the Services and clause 6.2 applies to Backups as well.
10.3. Backups retention: Although we work intensively and do our best to make sure that there is no data loss from our side, there might be cases where automatic backups might not work as planned due to a variety of factors. We consider these to be rare cases, but in any case you should 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 our support team. Please note that backups are part of the Services, and so clause 6.2 applies.
11. Your obligation
11.1. You may use the Services only for your own business purposes. You must not resell the Services, nor make them available to anyone else, unless we have agreed to custom terms of service separately.
11.2. You must not use the Services in support of “life at risk” or other critical or essential activities, or illegal business practices.
11.3. You must:
11.3.1. comply with our reasonable instructions, guidelines and directions about the use of the Services, including our Acceptable Use Policy;
11.3.2. keep your login and other credentials secret, and secure your network and equipment. If you become aware of a compromise, breach of security, or other unauthorized access to the Services, you must immediately change your password(s) and other security devices and notify us. You must aid us, at your own cost, in any investigation or legal action that is taken by authorities or us (or both) to investigate or cure (or both) the security breach;
11.3.3. behave at all times in a polite and professional manner towards us and our staff;
11.3.4. maintain such backups, disaster recovery, and resiliency, plans, as are appropriate to your situation;
11.3.5. comply with all applicable law; and
11.3.6. ensure that your users comply with all the obligations under these Terms which are imposed on you (except for obligations to pay). You are liable to us for their breach or non-compliance. You must notify all persons who receive access to the Services of the provisions of these Terms, and shall inform them that the Terms of these Terms are binding upon them.
11.4. You warrant that you have the full power and authority to enter into these Terms.
11.5. You agree that any breach of this clause - by you or your users - is a material breach of this agreement.
12. Services provided by third parties
12.1. 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 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 are not 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.
13. Trial periods
13.1. We provide a 15 -days trial to all the new subscribers interested in testing one of the instances - excluding the services mentioned in the ‘Partnerships’ section of our website. Example of such services where we do not offer a 15-day trial period are email hosting, domain name services and on-demand services, to name a few. This time period is considered to be sufficient for the potential Subscriber to take a decision to proceed with a paid subscription or not.
14. Pricing, payments and invoicing
14.1. You must pay the Fees, and all other sums due under these Terms, including all applicable taxes. This includes but is not limited to VAT charges.
14.2. We may increase our prices for the Services at any time, provided that we give you at least three months’ notice.
14.3. In addition to our rights under clause 14.2, we may also, immediately on notice to you, increase our prices for Services which comprise us supplying or reselling third party services, if the price we pay for the relevant service increases.
14.4. 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. If you fail to provide any of the foregoing information, we may continue charging you under your billing account.
14.5. You must pay us using one of our supported payment mechanisms. Any payment terms presented to you in the process of using or signing up for paid Services are deemed part of these Terms.
14.6. All invoices are denominated, and you must pay in Euros unless we have agreed otherwise in writing with you.
14.7. Monthly or yearly fees and renewal fees will be billed at the rate agreed to at purchase.
14.8. Some of our services consist of an initial period, for which there is a one-time charge (e.g a setup fee) followed by recurring charges (payments that are scheduled to occur at regular intervals, e.g monthly). If the Services have a recurring payment plan, you accept responsibility for all recurring charges prior to cancellation or termination. 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 MUST TO CONTACT US BY EMAIL.
14.9. Unless we agree otherwise with you, we will invoice you within the first five (5) days of each month, for the Services we will provide to you in the following month.
14.10. You must read any invoices we issue you promptly, and notify us of any error within two business days of the invoice date. You must identify the disputed charges, and explain why they are in dispute, and you must provide any relevant supporting documentation. After that time, you agree that you will not bring any dispute or claim relating to an incorrect invoice. You must still pay any undisputed part of the invoice in accordance with this agreement. On receipt of a notification of dispute, we will contact you, and you must work with us to resolve the dispute.
14.11. You must pay our invoices in full no later than fourteen (14) days after the invoice date. This is the Due Date.
14.12. If, for any reason, we do not receive your payment in full by the Due Date, we may do any, some, or all of the following:
14.12.1. send you reminders by email, or contact you by phone or other communications channel, at regular intervals. We may charge you an admin fee for each reminder, by way of liquidated damages;
14.12.2. Charge you a default interest of 0.1% of the outstanding sum of the Invoice in question per each day delayed.
14.12.3. charge you our reasonable costs and expenses (including legal costs) for seeking payment of the overdue amount;
14.12.4. restrict or suspend the Services; and
14.12.5. terminate the Services.
14.13. If we restrict, suspend, or terminate the Services or the Terms in accordance with clauses 14.12 or 6.5.
14.13.1. we will not be liable for any losses to you arising from this; and
14.13.2. in the case of termination, we are not obliged to reactivate those Services. If you wish us to reactivate the Services, and we are willing to do so, we will notify you of the costs associated with doing so, and you can decide at that point whether you wish to proceed.
14.14. You agree not to cancel, reverse, revoke, or do anything similar, any payment you make to us. If any payment you make is canceled, reversed, revoked, or similar, that payment will be deemed as having never been made to us.
14.15. If you have received promotional credit from us or a promotional code from us, it is valid for three (3) months from the date it was issued. If you do not use it within this time, we are not obliged to honour it.
14.16. We use third-party payment processors (the “Payment Processors”) and/or 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 and banks in addition to these Terms. 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 and/or fees) to the payment method(s) specified in your invoice.
14.17. We do not offer refunds of pre-paid amounts.
15. Limits on liability
15.1. All conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into this agreement (whether by statute, common law or otherwise) are excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Nothing in these terms affects any non- waivable statutory rights that apply to you.
15.2. Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.
15.3. You do not limit or exclude your liability for any indemnities in this agreement, or for sums due under it.
15.4. Subject to clauses 15.1 - 15.3, neither party shall be liable to the other for special, indirect, or consequential losses, nor for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:
15.4.1. financial loss (other than in respect of sums due from you to us under this agreement), including loss of profits, earnings, business, goodwill, business interruption;
15.4.2. expected or incidental losses; loss of expected savings; loss of sales; failure to reduce bad debt; reduction in the value of an asset; cost of procurement of substitute services; and
15.4.3. loss of, or corruption to, data.
15.5. We have no liability to you for any of the following:
15.5.1. any exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data;
15.5.2. any information delivered as part of the Services; or
15.5.3. any viruses which may infect your computer equipment.
15.6. Subject to clauses 15.1 - 15.5, you agree that our total liability to you in respect of all breaches of this agreement by us relating to Services is a “money back guarantee”, meaning the lesser of:
15.6.1. a pro-rata sum of the price you paid for the Services to which the breach relates, for the period in which we were in breach of this agreement; and
15.6.2. the amount you paid for those Services for the month in which you notified us of the breach.
15.6.3. You agree that the limits of liability in this agreement are fair and reasonable.
15.6.4. 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.
16.1. “Indemnified Parties” means 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.
16.2. Where, in this agreement, we say that you will indemnify the Indemnified Parties from something, it means that you agree to fully indemnify and keep Indemnified Parties fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from that thing.
16.3. You indemnify the Indemnified Parties from:
16.3.1. your breach of this agreement, non-compliance with the terms of this agreement (other than in respect of payment) by your users, and your negligence, or other act, omission or default;
16.3.2. your infringement of any intellectual property right, or other right, of a third party;
16.3.3. your use or misuse of the Services, equipment, or any software we provide to you.
16.4. 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 at your own cost.
16.5. In clause 16.3, references to “you” and “your” include your users, and anyone else who makes use of the equipment or Services.
17. Publicity and our website
17.1. You may state publicly that you use our Services.
17.2.1. include your name and branding in either or both a list of our customers and in promotional materials, as a user of the Services; and
17.2.2. orally and verbally reference you as a user of the Services
17.2.3. and you grant us all necessary licences and permissions to do these things.
17.2.4. To object to this, e-mail a request to office (at) cloud68 (dot) co.
17.3. 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 on the Cloud68.co OÜ website, the content of any text, or the layout/design of any page or form contained on the Cloud68.co OÜ website, 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.
18. Varying this agreement
18.1. We can vary this agreement at any time. You cannot.
18.2. If we wish to make a variation, we will agree in writing with you.
19. Terminating these Terms
19.1. You may terminate these Terms (and your access to the Services) at any time by notifying us at least 30 days ahead.
19.2. We may terminate these terms at any time by notifying you in advance. This includes, but is not limited to, as a result of your violation of any of these Terms or any law, or if you misuse system resources, such as employing programs that consume excessive network capacity, CPU cycles, or disk IO. 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.
If we determine you are in breach of our ToS, we will notify you. If you fail to address the highlighted issues within one business day, we will send another notification. If we still don’t receive a response from you or the issues are not resolved, a final notification will be dispatched, informing you of the termination of your agreement.
19.3. Termination of this agreement will not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination or expiration. You are still required to pay all sums due under these Terms (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).
19.4. On termination, you will lose access to the Services. You are not entitled to a refund of any pre-paid Fees if the Termination comes as a result of your misuse of the services or a breach of the Terms of Service.
19.5. All provisions of these Terms 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
20. Dispute resolution procedure
20.1. Each party shall deal with any controversies, actions, disputes or claims arising out of or in connection with the Services or these Terms or their subject matter or formation (including non-contractual disputes or claims) (the “Dispute”) as follows:
20.1.1. the party raising the Dispute must notify the other Party in writing, 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. If you are the party raising the Dispute, you must send notice to Cloud68.co OÜ at: Sepapaja tn 6, 15551 Tallinn, Estonia AND by email at office(at)cloud68(dot)co , and if we are the party raising the Dispute, we must send notice to your last-used billing address or the billing and/or shipping address in your Account information; and
20.1.2. promptly following receipt of the notice of the Dispute, the parties must work together in good faith to attempt to settle the Dispute.
20.2. Subject to clause 20.3, if, after exhausting the procedure set out in clause 20.1, the dispute is still not resolved, you, or we, may bring a claim before the courts of Estonia. Each party agrees to the exclusive jurisdiction of the courts of Estonia in respect of any claim, dispute or matter arising out of or in connection (including non-contractual claims) with this agreement. You consent to service of process via email at any email address which we hold relating to you, and you waive any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than Estonian.
20.3. Clauses 20.1 and 20.2 do not affect our, or your, ability to seek an injunction, or other appropriate interim relief, from the courts of Estonia. Either party may do this only after exhausting the dispute resolution procedure.
20.4. You must bring any claim within 12 months of the date on which the cause of action accrued. We will only bring a claim against you within 12 months of the date on which the cause of action accrued.
20.5. Each party must bear its own costs for this dispute resolution procedure, up to the involvement of the courts. Costs related to the involvement of the courts will be at the court’s discretion.
20.6. You agree that the allocation of risk in this clause is fair and reasonable having regard to all the circumstances.
21.1. Subject to clauses 21.2 to 21.5, each party:
21.1.1. shall treat as strictly confidential: (i) in the case of us, any of your Confidential Information; and (ii) in the case of you, any of our Confidential Information;
21.1.2. shall not, except with the prior written consent of the disclosing Party, make use of (save for the purposes of performing its obligations under this Agreement) or disclose or make available in whole or part to any person any Confidential Information except on a need to know basis or for the performance of the Services;
21.1.3. keep the other party’s Confidential Information in a safe and secure place and use reasonable measures to prevent unauthorized access, destruction, corruption or loss; and
21.1.4. notify the other party immediately if it becomes aware that any Confidential Information has been disclosed to, or is in the possession of, any unauthorized person; and
21.1.5. upon written request immediately destroy any Confidential Information of the other party which is in its possession at that time. The destroying party may retain Confidential Information as required by law or regulatory requirement or that it may reasonably require for archive purposes. The provisions of this agreement will continue to apply to any retained Confidential Information.
21.2. Clause 21.1 does not apply if and to the extent that the party using or disclosing Confidential Information can demonstrate that:
21.2.1. the disclosure is required by law or by any court or other authority having applicable jurisdiction provided that, as far as it is legally permitted to do so, it gives the other party as much notice of the disclosure as possible;
21.2.2. the Confidential Information has been placed in the public domain other than through the fault of that party;
21.2.3. the Confidential Information has been independently developed by that party without reference to the Confidential Information of the other party;
21.2.4. the Confidential Information was already known by that party prior to the disclosure without an obligation of confidentiality, or without a breach of such an obligation of confidentiality or law; or
21.2.5. the Confidential Information was, is, or becomes independently received from a third party without any obligation of confidence and the party using or disclosing Confidential Information has made reasonable enquiries that the third party owed no obligation of confidence to the other party.
21.3. Either party may disclose Confidential Information to its professional advisors where such disclosure is reasonably required for the purposes of exercising its rights or performing its obligations under this agreement, provided that party disclosing Confidential Information to its professional advisors shall ensure those professional advisors are subject to confidentiality obligations no less onerous than the one contained in this agreement.
21.4. Nothing in this clause 21 restricts the disclosure of Confidential Information that a party is required to disclose by law or to a regulatory authority, provided that that party, prior to such disclosure:
21.4.1. gives the other reasonable notice to allow the other party a reasonable opportunity to seek a protective order or similar; or
21.4.2. uses reasonable endeavours to obtain written assurance from the applicable judicial or regulatory authority that it will afford the Confidential Information a reasonable level of protection
21.5. The obligations in this clause 21 survive for two years from the end of the Term.
22. Events outside reasonable control
22.1. Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control, but only if that party promptly notifies the other of the circumstances of the event. This clause 22.1 does not apply to your obligation to pay any sums due.
22.2. The party suffering from events outside that party’s reasonable control must us reasonable efforts to remedy it and mitigate its effects.
22.3. If the event persists for 28 days or more, the party not affected by the event may give notice to the other to terminate this agreement with effect from a date specified in the notice without penalty or other liability (except for any liability on your part to pay any sums due).
23.1. Unless otherwise specified in these Terms, to give notice, a party must do so by providing a signed document, either in its physical form or as a qualified electronic signature in compliance with Estonian Law. Notices should be addressed to Cloud68.co at Lasnamäe linnaosa, Sepapaja tn 6, 15551, Harju maakond, Tallinn, Estonia. For electronic notices complying with the required signature standards, they may be sent to office(at)cloud68(dot)co.
23.2. Notice will be deemed to have been duly given:
23.2.1. when received, if personally delivered or sent by certified or registered mail, return receipt requested;
23.2.2. when receipt is electronically confirmed, if transmitted by e- mail;
24. Miscellaneous terms
24.1. Any date or time we communicate to you in respect of the Services is an estimate.
24.2. A person who is not a party to this agreement has no rights under this agreement. This includes any users you may have.
24.3. If any part of this agreement is found to be invalid or unenforceable by any court, this shall not affect the other provisions of this agreement and those provisions shall remain in full force and effect.
24.4. If a party fails to exercise a right or remedy, this failure shall not prevent that party from exercising that right or remedy subsequently for that or any other incident.
24.5. A waiver of any breach or provision of this agreement will only be effective if made by email or in other writing. A valid waiver will not be interpreted to be a waiver of that obligation in the future or any other obligation.
24.6. We may assign, transfer, charge, sub-contract or deal in any other manner with any of our rights or obligations under this agreement. You may not do these things without our prior written consent. These Terms are personal to you.
24.7. Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.
Acceptable Use Policy
You agree not to impersonate another person or to select or use a user name or password of another person
1.1. For purposes of these Terms, 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)
1.2. 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.
1.3. 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.
1.4. We will not use the user’s content for any other purpose than to provide the service.
1.5. You may not upload or make available any content that undermines the rights of another user.
1.6. We claim no rights to any of the user’s data nor data transmitted from the user’s account.
1.7. We can, if necessary, delete or prevent the sharing of all content on the service that does not respect these conditions.
1.8. By submitting any User Content to the Cloud68.co website or Cloud68.co managed instances, including privately transmitted information, you retain the copyright and responsibility for the submitted content. In other words, Cloud68.co cannot be held responsible for the content you create or the content you access elsewhere while using the Cloud68.co website and our services. 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 more about what Creative Commons licenses are about: creativecommons.org.
2. Rules of Conduct
2.1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. 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).
2.2. 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;
vi. Cloud68.co OÜ may or may not permit, in its sole discretion, adult websites that abide by state, country, and local law and regulation.
2.3. 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.
2.4. 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.
2.5. 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, 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.
2.6. 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.
2.7. The enumeration of violations in this Section 2 of these Terms 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 2 of these Terms.
Lawful Use of the Network
2.8. 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:
i. distribution of child pornography,
ii. forgery, identity theft, misdirection or interference with electronic communications,
iii. invasion of privacy,
iv. unlawful sending of commercial electronic messages or other marketing or electronic communications,
v. collection of excessive user data from children, or other improper data collection activities,
vi. securities violations, wire fraud, money laundering, or terrorist activities and/or fascist related propaganda/activity or
vii. 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:
viii. disclosure requirements, including those regarding notification of security breaches,
ix. records maintenance for regulated industries, and
x. 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
2.9. Subscribers shall not use any method to circumvent the provisions of these Terms, 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.
2.10. 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.
2.11. 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
2.12. 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
2.13. 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.