Terms of Service (TOS)
Terms of service (TOS)
Last updated 2019-02-04
The phrase "ClusterCS" used throughout this section shall identify the company SOFT DREAMS S.R.L., based in Bucharest, Romania, 18 Ienachita Vacarescu St, acting as the Provider of Service.
The range of services provided by ClusterCS includes, but it is not limited to: server software setup and monitoring, initial setup and continuous maintenance of software configuration, for servers and clusters, SaaS server control panel, SaaS cluster server management, high availability consultancy, domain management and website speed optimizations, SaaS development environment manager.
ClusterCS will launch, sets up and/or monitors Users’ servers and related infrastructure on third party providers, performing different system administration tasks. The Service is offered in different Plans that differ in terms of features, price, and support level.
ClusterCS agrees to provide services, subject to the following Terms of Service. Use of ClusterCS services constitutes acceptance and agreement to ClusterCS Terms of Service. The acceptance of services shall be carried out online, via the consent given by the customer for the enforcement of these clauses.
These provisions apply to all ClusterCS Users, meaning both the visitors of the websites www.clustercs.com, blog.clustercs.com, kb.clustercs.com (hereinafter referred to as the "Website") and the customers of any Packages and Services offered on the Website. The purpose of these Terms of Service is to ensure that ClusterCS Users use the services in compliance with the rights and interests of all the participants on the information market.
1. Eligibility & Acceptance
1.1 You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of your country of residence or other jurisdictions. In order to access our services, you may be required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify ClusterCS of any unauthorized use of your account or any other breach of security. ClusterCS will not be held liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Use Policy
Agreed Use of Allotted Service Resources
2.1 Users shall not use any method to circumvent the provisions of the terms of service, or to obtain services in excess of those for which they contract with ClusterCS.
2.2 Users are restricted from registering multiple accounts with the same billing details without first notifying ClusterCS of that intent to ensure that accounts aren't automatically flagged as possibly fraudulent and without notification accounts may be treated as abuse and/or fraudulent which would lead to suspension of service. ClusterCS also reserves the right to terminate a customers account if they are targeted by malicious activity from other parties.
Acts of Sub-Users
2.3 Users are responsible for the acts of others utilizing their Service access, and will be held responsible for violations of this AUP by their sub-users or persons who gain access to the Service using the User's access codes. Any activity that a User is prohibited from performing by this AUP is equally prohibited to anyone using the Service-access of the User. Accordingly, Users agree to take the following actions to control the activities of those who connect to the Service by any means.
Access Code Protection
2.4 Users will utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins, passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding the AUP
2.5 Users will notify all persons who receive Service-access of the provisions of this AUP, and will inform them that its terms are binding upon them.
2.6 Users will notify ClusterCS if and when they learn of any security breaches regarding the Service, and will aid in any investigation or legal action that is taken by authorities and/or ClusterCS to cure the security breach.
Remedies for Violations
2.7 ClusterCS may suspend or terminate any account without refund by a User that violates the provisions of this AUP, as ClusterCS may deem appropriate to the circumstances of the violation. ClusterCS will provide prior notice of the intent to suspend or terminate service if the provision of notice will not, in ClusterCS's judgment, run counter to the purposes of the AUP.
3. Master Service Agreement
3.1 The term of this Agreement shall be monthly, to commence on the date that the User sign-ups electronically for service by creating an account with an email address. Fees are billed by ClusterCS on a monthly billing cycle commencing on the registration date of each month, ending on the day before registration date of the month.
3.2 All invoices are denominated, and User must pay, in USD if not otherwise specified. User will be billed 10 days before registration date of each month, with payment due no later than the 10 days past the invoice date.
3.3 If payments are not made within ten (10) days of invoicing the Service may be suspended. If any amount is more than 30 days overdue, ClusterCS may terminate service and bring legal action to collect the full amount due.
Suspension for Nonpayment
3.4 ClusterCS may suspend some or all Services to User for failure to make timely payment.
Disclaimer of Warranties
3.6 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. CLUSTERCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLUSTERCS MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CLUSTERCS , ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
3.7 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUSTERCS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CLUSTERCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLUSTERCS RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.
3.8 User shall keep confidential any Confidential Information to which it is given access, and shall cooperate with ClusterCS efforts to maintain the confidentiality thereof. User shall not publish to third parties or distribute information or documentation that ClusterCS provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
3.9 User is solely responsible for the preservation of User's Data. Even with respect to Data as to which User contracts for backup services, ClusterCS shall have no responsibility to preserve Data, the service is provided as is, without warranty.
3.10 User shall defend, indemnify and hold harmless ClusterCS from any and all claims or causes of action arising out of User's misuse of ClusterCS Services.
Third party applications.
You understand and acknowledge that ClusterCS does not support nor it is responsible for the behavior, features or content of third party services nor any transaction that you might perform with the providers of such services.
3.12 ClusterCS may suspend or terminate Services and this Agreement immediately upon receipt of any lawfully issued notice from a court having jurisdiction over ClusterCS, alleging the use of the Services to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, ClusterCS may disclose the User's identity and contact information, and ClusterCS shall not be liable for damages or results thereof, and User agrees not to bring any action or claim against ClusterCS for such disclosure.